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Theft charges in Virginia — from petit larceny to grand larceny and embezzlement — can result in jail time, a permanent criminal record, and lasting damage to your reputation and career. D.J. Rivera provides experienced defense for all theft-related charges.
Free Consultation — Available 24/7Virginia divides larceny into two categories based on the value of the property stolen. Grand larceny (§ 18.2-95) involves theft of property worth $1,000 or more, theft of a firearm regardless of value, or theft directly from a person of property worth $5 or more. Petit larceny (§ 18.2-96) covers theft of property worth less than $1,000 not taken directly from a person, or theft from a person of property worth less than $5. Grand larceny is a felony; petit larceny is a misdemeanor.
Virginia also has specific statutes for embezzlement (§ 18.2-111), larceny by false pretenses (§ 18.2-178), credit card theft (§ 18.2-192), and identity theft (§ 18.2-186.3). These offenses carry penalties similar to larceny but involve distinct elements that require tailored defense strategies.
| Offense | Code | Classification | Penalty |
|---|---|---|---|
| Grand Larceny (≥ $1,000) | § 18.2-95 | Class U Felony | 1–20 years (or up to 12 months jail) |
| Grand Larceny (firearm) | § 18.2-95 | Class U Felony | 1–20 years (or up to 12 months jail) |
| Grand Larceny (from person ≥ $5) | § 18.2-95 | Class U Felony | 1–20 years (or up to 12 months jail) |
| Petit Larceny (< $1,000) | § 18.2-96 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Embezzlement (≥ $1,000) | § 18.2-111 | Class U Felony | 1–20 years |
| Embezzlement (< $1,000) | § 18.2-111 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Larceny by False Pretenses (≥ $1,000) | § 18.2-178 | Class U Felony | 1–20 years |
| Identity Theft (≥ $1,000) | § 18.2-186.3 | Class 5 Felony | Up to 10 years |
| Credit Card Theft | § 18.2-192 | Class 6 Felony | Up to 5 years |
| Receiving Stolen Property (≥ $1,000) | § 18.2-108 | Class U Felony | 1–20 years |
Challenging intent: Larceny requires proof of intent to permanently deprive the owner of their property. If the defendant intended to return the property, or if the taking was the result of a misunderstanding or mistake, the intent element cannot be proven. D.J. Rivera develops intent defenses based on the specific facts of each case.
Challenging the value of the property: The distinction between grand larceny (felony) and petit larceny (misdemeanor) turns entirely on the value of the property stolen. D.J. Rivera challenges the prosecution's valuation evidence and, where appropriate, argues for a reduction to petit larceny.
Claim of right: If the defendant genuinely believed they had a legal right to the property — for example, in a dispute over ownership — the claim of right defense may negate the intent to steal. This defense is particularly relevant in embezzlement and business dispute cases.
Negotiating restitution and deferred disposition: In many larceny cases, particularly for first-time offenders, D.J. Rivera negotiates for a deferred disposition or suspended sentence conditioned on payment of restitution. Successful completion results in a reduced charge or dismissal, protecting the client's record.
A theft conviction can damage your career and reputation for years. D.J. Rivera will fight to protect your record. Free consultation available 24/7.
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