Petit Larceny
What is Petit Larceny in the Virginia?
Virginia law creates different categories of larceny (theft). Petit (or Petty) Larceny is covered by Va Code. § 18.2-96:
“Any person who: 1. Commits Larceny from the person of another of money or other things of value of less than $5, or 2. Commits Simple Larceny not from the person of another of goods and chattels of the value of less than $1000…shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 Misdemeanor.”
Virginia defines all theft and theft-related crimes as “Larceny,” which includes both Petit and Grand Larceny. The difference between those two is based upon the dollar amount in controversy. You can be charged with Petit Larceny for taking less than $5 from a person, or for taking less than $1000 “not from a person,” such as shoplifting.
How is Pettery Larceny Punished in Virginia?
Petit Larceny is a Class 1 Misdemeanor. In Virginia, Class 1 Misdemeanors are punishable by up to 12 months in jail and a fine of not more than $2,500, or both. And that’s not all. If convicted of this charge, you might have civil liabilities on top of the criminal conviction. (Va. Code Ann. § 8.01-44.4(a)). “A merchant may recover civil judgment against any adult who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.”
“A merchant may recover civil judgment against any adult who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.”
Consult with a Criminal Defense Attorney
An attorney is crucial in these cases. There are several things to consider before taking a plea or accepting guilt to the charge. A criminal record in Virginia generally cannot be expunged. This can have an effect on future employment, immigration status, as well as school applications. Our Virginia criminal defense attorney can help those accused of petit larceny throughout Northern Virginia including Alexandria, Arlington, and Fairfax County among other jurisdictions.