Virginia theft laws prosecute nearly all theft offenses as “larceny,” and the dividing line between a misdemeanor and a felony is $1,000 in stolen property value. Take less than that, and you’re facing petit larceny, a Class 1 misdemeanor with up to 12 months in jail. Take $1,000 or more, and it becomes grand larceny, a felony carrying up to 20 years in prison. The same thresholds apply whether the theft is shoplifting, embezzlement, receiving stolen goods, or stealing with intent to resell.
Petit Larceny
Petit larceny covers two situations. The first is stealing property worth less than $1,000 when you don’t take it directly off another person’s body. The second is pickpocketing or similar theft from someone’s person where the amount taken is less than $5.1Virginia Code Commission. Virginia Code 18.2-96 – Petit Larceny Defined; How Punished
That $5 threshold catches people off guard. Taking even $5 from someone’s pocket, purse, or hand crosses into grand larceny territory and a potential felony conviction. Virginia draws this line because theft involving physical proximity to a victim carries a higher risk of confrontation.
As a Class 1 misdemeanor, petit larceny carries a maximum of 12 months in jail, a fine of up to $2,500, or both.2Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor Courts weigh the property’s value and the defendant’s record when deciding the actual sentence, so a first offense involving a small amount rarely gets the maximum.
One point worth knowing: Virginia used to escalate a third petit larceny conviction to a felony, but that statute was repealed effective July 1, 2021.3Virginia Code Commission. Virginia Code 18.2-104 – Repealed Petit larceny is a misdemeanor no matter how many prior convictions you have.
Grand Larceny
Grand larceny applies in three situations: stealing $1,000 or more in property not taken from a person, stealing $5 or more directly from someone’s body, or stealing any firearm regardless of value.4Virginia Code Commission. Virginia Code 18.2-95 – Grand Larceny Defined; How Punished
The firearm rule is absolute. A stolen handgun worth $150 at a pawn shop still triggers grand larceny. Virginia treats firearm theft as inherently serious because of the downstream risks a stolen gun creates.
Grand larceny is an unclassified felony punishable by one to 20 years in a state correctional facility. The judge or jury can reduce the sentence to no more than 12 months in jail, a fine of up to $2,500, or both.4Virginia Code Commission. Virginia Code 18.2-95 – Grand Larceny Defined; How Punished That downward discretion matters. A first offender who stole property just over the $1,000 mark is far more likely to see jail time than a multi-year prison sentence. The felony label itself, though, carries lasting consequences either way.
How Courts Determine Value
Because the $1,000 line separates a misdemeanor from a felony, valuation carries real weight. Virginia generally uses the fair market value of the item at the time and place of the theft. For used goods, that means original purchase price minus depreciation, or what a willing buyer would pay a willing seller. Prosecutors carry the burden of proving value, and a strong defense often targets this point when the stolen items hover near the threshold.
Shoplifting and Concealment
Virginia’s shoplifting statute covers more than walking out of a store without paying. Under Code § 18.2-103, you can be charged for concealing merchandise while still inside the store, swapping or altering price tags, moving goods from one container to another to pay less, or helping someone else do any of those things.5Virginia Code Commission. Virginia Code 18.2-103 – Concealing or Taking Possession of Merchandise; Altering Price Tags; Transferring Goods From One Container to Another; Counseling, Etc., Another in Performance of Such Acts
Concealment is where most shoplifting cases begin. Hiding merchandise on your person or in a bag while still on store premises counts as prima facie evidence of intent to steal.5Virginia Code Commission. Virginia Code 18.2-103 – Concealing or Taking Possession of Merchandise; Altering Price Tags; Transferring Goods From One Container to Another; Counseling, Etc., Another in Performance of Such Acts You don’t need to reach the parking lot. If a loss-prevention officer watches you tuck a product into your jacket, that alone is enough for the prosecution to argue intent, and the burden shifts to you to offer an innocent explanation.
Shoplifting follows the same value thresholds as other larceny offenses. Merchandise worth less than $1,000 is petit larceny; $1,000 or more is grand larceny. Price-tag swapping is judged by the actual retail value of the merchandise, not the doctored price.
Store employees and security personnel can legally detain someone they reasonably suspect of shoplifting, provided the detention is based on probable cause, conducted in a reasonable manner, and limited in duration. Whether the store had enough justification to detain the suspect, and whether the detention stayed within reasonable limits, is a critical question in many shoplifting cases.
Embezzlement
Embezzlement differs from other theft crimes because you originally had lawful possession of the property. Virginia Code § 18.2-111 makes it a crime to wrongfully use, conceal, or dispose of money or personal property entrusted to you through employment, a position of trust, or a court order.6Virginia Code Commission. Virginia Code 18.2-111 – Embezzlement Deemed Larceny; Indictment The classic example is an employee diverting company funds into a personal account, but the statute is broad enough to reach any situation where someone entrusted with property converts it for their own benefit.
Virginia prosecutes embezzlement as larceny, so the same penalty structure applies. Embezzled property worth less than $1,000 is a Class 1 misdemeanor; $1,000 or more is a felony carrying one to 20 years.6Virginia Code Commission. Virginia Code 18.2-111 – Embezzlement Deemed Larceny; Indictment Amounts often aggregate over time. A bookkeeper who skims $200 a month for six months has stolen $1,200, which clears the felony threshold even though no single taking did.
Receiving Stolen Goods
Buying, accepting, or helping conceal property you know is stolen is treated as larceny under Virginia Code § 18.2-108. Prosecutors don’t need to prove you personally stole the items. They need to prove you knew, or had reason to know, the goods were stolen.7Virginia Code Commission. Virginia Code 18.2-108 – Receiving, Etc., Stolen Goods Courts can infer that knowledge from circumstances. Buying a brand-new laptop out of someone’s trunk for a fraction of retail price is the kind of fact pattern that supports a knowledge inference.
Because receiving stolen goods is prosecuted as larceny, the same value-based classification applies: under $1,000 is a misdemeanor, $1,000 or more is a felony. You can be charged and convicted even if the person who originally stole the property was never caught.7Virginia Code Commission. Virginia Code 18.2-108 – Receiving, Etc., Stolen Goods
Larceny with Intent to Sell
Virginia treats theft-for-profit more harshly than ordinary larceny. Under Code § 18.2-108.01, stealing $1,000 or more in property with intent to sell or distribute it is a felony punishable by two to 20 years in prison, a longer minimum than standard grand larceny. Stealing more than one item of the same product is prima facie evidence of intent to resell.8Virginia Code Commission. Virginia Code 18.2-108.01 – Larceny with Intent to Sell or Distribute; Sale of Stolen Property; Penalty
A separate provision of the same statute targets the resale side. Selling, attempting to sell, or possessing stolen property worth $1,000 or more with intent to sell it, when you knew or should have known it was stolen, is a Class 5 felony.8Virginia Code Commission. Virginia Code 18.2-108.01 – Larceny with Intent to Sell or Distribute; Sale of Stolen Property; Penalty This targets organized fencing operations and gives prosecutors a tool to reach up the supply chain beyond the person who physically took the merchandise.
Penalties at a Glance
- Petit larceny (under $1,000, or under $5 from a person): Class 1 misdemeanor. Up to 12 months in jail and a fine of up to $2,500.2Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
- Grand larceny ($1,000 or more, $5 or more from a person, or any firearm): Unclassified felony. One to 20 years in prison, or at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.4Virginia Code Commission. Virginia Code 18.2-95 – Grand Larceny Defined; How Punished
- Larceny with intent to sell ($1,000 or more): Felony. Two to 20 years in prison.8Virginia Code Commission. Virginia Code 18.2-108.01 – Larceny with Intent to Sell or Distribute; Sale of Stolen Property; Penalty
- Selling stolen property ($1,000 or more): Class 5 felony.8Virginia Code Commission. Virginia Code 18.2-108.01 – Larceny with Intent to Sell or Distribute; Sale of Stolen Property; Penalty
Courts can also order restitution, requiring you to pay the victim for the actual loss. Restitution is separate from any fine paid to the state.
Consequences Beyond the Sentence
Court penalties are only part of the picture. A theft conviction, particularly a felony, creates problems that follow you long after the sentence ends.
A grand larceny conviction is a felony, which under federal law generally prohibits you from possessing firearms. That prohibition applies nationwide and lasts indefinitely unless your rights are specifically restored. Even a misdemeanor theft conviction can create barriers that aren’t obvious upfront. Employers routinely run background checks, and a larceny conviction signals dishonesty in a way hiring managers weigh heavily.
Professional licensing boards in fields like nursing, education, accounting, and finance typically require disclosure of any criminal conviction. Boards treat theft-related convictions with particular skepticism because they involve dishonesty. Depending on severity and how recently it occurred, a conviction can result in license denial, suspension, or practice restrictions. Occupations that involve handling money or accessing sensitive information are especially affected.
For noncitizens, theft convictions carry immigration consequences. A crime involving moral turpitude, a category that includes most theft offenses, can trigger deportation or bar admission to the United States. Even petit larceny can qualify depending on the circumstances.
Civil Demand Letters After Shoplifting
Retailers can pursue civil recovery from shoplifters separate from any criminal case. Many stores send civil demand letters requesting payment for damages beyond the value of the stolen merchandise, including loss prevention and administrative costs. These demands can arrive even if you were never criminally charged or the merchandise was recovered undamaged.
Ignoring a civil demand doesn’t make it disappear. Retailers can escalate to a civil lawsuit or turn the matter over to collections. Paying the civil demand doesn’t affect the criminal case, and resolving the criminal case doesn’t cancel the civil claim. They run on parallel tracks, and you can end up owing money on the civil side even after a criminal acquittal.
Common Defenses to Virginia Larceny Charges
The prosecution must prove every element of larceny beyond a reasonable doubt, and most defenses target one element directly.
- Lack of intent. Larceny requires proof that you intended to permanently deprive the owner of the property. Borrowing something with a genuine plan to return it, or mistakenly taking an item you believed was yours, can defeat the intent element.
- Valuation disputes. When the charge hinges on whether property crossed the $1,000 line, challenging the prosecution’s valuation can mean the difference between a misdemeanor and a felony. Independent appraisers and challenges to inflated retail estimates matter especially for used or depreciated goods.
- Claim of right. If you genuinely believed you had a legal right to the property, even if you were wrong, that belief can negate intent to steal. This comes up in disputes between business partners, family members, or landlords and tenants.
- Constitutional violations. Evidence obtained through an unlawful stop, search, or detention may be suppressed. In shoplifting cases, this often turns on whether a store’s detention was reasonable in scope and duration.
The strength of any defense depends on the specific facts. Intent trips up the prosecution most often, because proving what was in someone’s head at the moment property changed hands is harder than proving the property moved.