Petit Larceny Charges in Richmond, VA
Petit larceny is one of the most common theft offenses in Virginia, but it carries serious long-term consequences. Even though it’s considered a misdemeanor, a conviction creates a permanent criminal record for theft — something employers, landlords, and licensing boards take seriously. Understanding how Virginia defines petit larceny and what defenses exist can make a significant difference in your case.
What Constitutes Petit Larceny in Virginia
Under Virginia Code § 18.2-96, petit larceny involves the theft of property or money valued under $1,000, or the theft of an item directly from a person valued under $5. This includes both physical property and money, whether taken from an individual, a store, or an unattended location.
Petit larceny is typically charged when:
- Merchandise is taken from a store without payment.
- Personal belongings are stolen from another individual.
- Property is removed without permission but later recovered.
Even minor thefts can lead to arrest, and repeat convictions can elevate future offenses to felonies.
Penalties for Petit Larceny
Petit larceny is a Class 1 misdemeanor, punishable by:
- Up to 12 months in jail
- A fine up to $2,500
- Restitution to the victim
- Probation or community service
A second or subsequent conviction can carry enhanced penalties and affect sentencing for future offenses, particularly grand larceny or burglary.
Collateral Consequences
A petit larceny conviction does more than impose fines or jail time. It creates a permanent record of dishonesty that can affect employment, professional licensing, and immigration status. Unlike some other misdemeanors, petit larceny is not eligible for expungement after conviction, so avoiding a guilty finding is critical.
Virginia Petit Larceny Statistics
20K+
petit larceny cases are prosecuted in Virginia each year.
>40%
involve shoplifting or retail theft.
Defendants with legal representation are significantly more likely to receive reduced charges or deferred findings that keep convictions off their record.
Sources: Virginia Sentencing Commission 2023 Annual Report; Virginia State Police “Crime in Virginia” Data Summary.
Common Defenses to Petit Larceny
DPetit larceny charges often depend on intent — whether the accused truly meant to steal. A strong defense focuses on the facts and circumstances of the alleged theft, including:
- Lack of intent – showing the act was accidental or due to misunderstanding.
- Mistaken identity – disputing witness or video evidence.
- Ownership or permission – proving a right to possess or remove the property.
- Insufficient evidence – pointing out weak or circumstantial proof of intent to steal.
- Diversion or deferred findings – available in some first-offense cases to avoid a conviction.
An experienced attorney can often negotiate a dismissal or reduction to a lesser, non-theft offense to protect your record.
