What is grand Larceny in the Virginia Code?
“Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $500 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of …value, shall be guilty of grand larceny, punishable by…not less than 1 nor more than 20 years…”Va. Code 18.2-95
What does this mean for you?
Virginia defines all theft and theft-related crimes as “Larceny,” which includes both petit and grand larceny. The difference between the two is based upon the dollar amount in controversy. You will be charged with grand larceny for taking more than $5 off of a person or taking goods from a store worth more than $500. Also, a third or subsequent charge of larceny in Virginia is automatically a grand larceny regardless of the dollar amount.
How is grand larceny punished?
If convicted, grand larceny is a felony charge that carries up to 20 years in jail as punishment. And that is not all. If convicted you might owe civil liabilities on top of the criminal punishment. (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.”Va. Code Ann. § 8.01-44.4(a)
Should I get an Attorney?
An attorney can be crucial in a larceny case. The Commonwealth has to prove that you took an item, whose value exceeded $5/$500, without the owner’s consent, and that you intended to permanently deprive the owner of his property. An attorney can help you ensure whether these elements can be proven in court. Talk to an attorney before considering any plea bargains.
Grand larceny is a felony charge which cannot be expunged in Virginia. This can impact your future employment, immigration status, security clearance issues.
Attorneys from our office have successfully had charges dismissed, mitigated, or lowered to misdemeanors for their clients. Contact us today for a consultation.