Consequences & Stakes: Understanding Virginia’s Larceny Laws

The consequences of a theft conviction in Virginia are dictated by specific statutes that classify the offense based on the value of the stolen property. A conviction can lead to significant penalties, including incarceration, fines, restitution, and a lasting criminal record that creates substantial barriers to future opportunities.

In the Commonwealth of Virginia, the legal framework for theft is built upon a critical distinction: the value of the property involved. This single factor determines whether you face a misdemeanor or a life-altering felony charge. The primary laws governing these offenses are found in the Code of Virginia, and understanding them is essential to grasp the potential stakes.

Petit Larceny vs. Grand Larceny

The two main categories of theft are Petit Larceny and Grand Larceny. The line between them is defined by value, as outlined in the state’s key statutes.

• Petit Larceny (§ 18.2-96 of the Code of Virginia): This offense is charged when a person steals goods valued at less than $1,000. It is classified as a Class 1 Misdemeanor. While a misdemeanor may sound less severe, the penalties are still significant. A conviction can result in up to 12 months in jail and/or a fine of up to $2,500. This is the most common charge for incidents like shoplifting small items.
• Grand Larceny (§ 18.2-95 of the Code of Virginia): This is a much more serious charge. A person can be charged with Grand Larceny if they steal goods valued at $1,000 or more. This offense is an unclassified felony, punishable by a prison sentence of one to twenty years. The statute also specifies that stealing a firearm, regardless of its value, automatically constitutes Grand Larceny.

It’s crucial to recognize how quickly value can accumulate. The theft of a new smartphone, a laptop, or several high-end clothing items can easily cross the $1,000 threshold, elevating a charge from a misdemeanor to a felony. The Commonwealth’s Attorney will aggressively pursue these charges, and the valuation of the items often becomes a key point of contention in court.

Shoplifting and Concealment

A specific and frequently charged form of theft is shoplifting, legally referred to as “concealment.” Under § 18.2-103 of the Code of Virginia, a person can be found guilty of larceny if they, without authority, willfully conceal or take possession of goods from a store. The law contains a presumption: if a person conceals merchandise while still in the store, it is presumed they did so with the intent to steal. This means the prosecution does not have to wait for you to leave the store to bring a charge. The penalties for concealment mirror those of petit and grand larceny, depending entirely on the value of the concealed items.

The Long-Term Stakes Beyond the Courtroom

In my years of practice, I’ve consistently advised clients that the court-ordered penalties are often just the beginning of their challenges. A theft conviction creates a permanent criminal record that signals dishonesty to the world. The long-term consequences can include:

• Employment Difficulties: Many employers conduct background checks. A theft conviction, particularly a felony, can be an automatic disqualifier for jobs in finance, healthcare, education, government, and any position requiring a security clearance or handling of money.
• Professional Licensing Issues: Individuals in licensed professions, such as nursing, law, real estate, or accounting, may face disciplinary action or be denied a license altogether.
• Housing and Loan Applications: Landlords and lending institutions often view a theft conviction as a sign of untrustworthiness, leading to denied applications for apartments or loans.
• Immigration Consequences: For non-U.S. citizens, a theft conviction can be considered a “crime involving moral turpitude,” which can lead to deportation, denial of naturalization, or refusal of re-entry into the country.

The stakes are incredibly high. A momentary lapse in judgment or a misunderstanding can spiral into a legal battle with consequences that follow you for a lifetime. This is why approaching a theft charge in Arlington with the utmost seriousness and obtaining seasoned legal guidance is not just an option—it is a necessity.

The Arlington Legal Process for Theft Charges

The legal process for a theft charge in Arlington follows a structured path, typically beginning in the Arlington County General District Court for arraignment and preliminary hearings, and potentially moving to the Arlington County Circuit Court if the charge is a felony or a misdemeanor conviction is appealed.

Navigating the court system can be intimidating for those unfamiliar with its procedures. Each step is critical and has its own set of rules and objectives. In Arlington, your case will be handled by specific courts and agencies, each playing a distinct role in the administration of justice. As a defendant, understanding this roadmap is vital for preparing your defense.

1. Arrest and Investigation

The process typically starts with an arrest by the Arlington County Police Department or store security (who then involve the police). Following the arrest, you will be processed, which may involve being fingerprinted, photographed, and providing basic information. It is at this earliest stage that your right to remain silent and your right to an attorney are most critical. Anything you say can and will be used against you by the prosecution.

2. The Arraignment in Arlington County General District Court

Your first court appearance will be an arraignment, held at the Arlington County General District Court located on Courthouse Road. At the arraignment, the judge will formally inform you of the charges against you, advise you of your right to legal counsel, and set a date for your trial (for misdemeanors) or a preliminary hearing (for felonies). A plea of “not guilty” is almost always entered at this stage to preserve all your legal rights and options. This is also where the conditions of your release, such as bail or bond, will be determined.

3. Discovery and Case Preparation

After the arraignment, the discovery phase begins. Your attorney will file a motion for discovery, which legally obligates the prosecutor (the Commonwealth’s Attorney) to turn over all evidence they have against you. This includes police reports, witness statements, surveillance video, and any statements you may have made. This is a crucial phase where a knowledgeable property crime lawyer analyzes the strength of the prosecution’s case, identifies weaknesses, and begins building your defense strategy. We meticulously review every piece of evidence, looking for procedural errors, inconsistencies, or violations of your constitutional rights.

4. The Trial or Preliminary Hearing (General District Court)

• Misdemeanor Cases (Petit Larceny): If you are charged with a misdemeanor, your trial will be held in the General District Court. The judge will hear evidence from both the prosecution and the defense and will render a verdict of guilty or not guilty. There is no jury in the General District Court.
• Felony Cases (Grand Larceny): If you are charged with a felony, a preliminary hearing is held in the General District Court. The purpose of this hearing is not to determine guilt, but for the judge to decide if there is sufficient “probable cause” to believe a crime was committed and that you committed it. If the judge finds probable cause, the case is certified and sent to the Grand Jury.

5. The Grand Jury and Circuit Court (Felony Cases)

The Grand Jury is a panel of citizens that hears a summary of the evidence from the prosecutor and decides whether to issue a formal indictment. This is largely a procedural step, as the Grand Jury almost always returns an indictment. Once indicted, your case moves to the Arlington County Circuit Court for trial. The Circuit Court is where felony trials are held, and you have the right to a trial by jury or by a judge (a “bench trial”).

6. Plea Negotiations

Throughout this process, your attorney will likely engage in negotiations with the Commonwealth’s Attorney. Depending on the facts of your case and your prior record, it may be possible to negotiate a plea agreement. This could involve reducing a felony to a misdemeanor, amending the charge to something less serious like trespassing, or agreeing to a specific sentence in exchange for a guilty plea. A seasoned attorney understands the local prosecutors and judges, and can often achieve outcomes that are not possible for an unrepresented defendant, such as entry into a first offender program that could lead to the dismissal of the charges upon completion of certain conditions.

7. Sentencing

If you are found guilty at trial or accept a plea agreement, the final step is sentencing. The judge will determine your punishment based on the law, the facts of the case, your criminal history, and arguments from both your defense attorney and the prosecutor. Your attorney’s role here is to present mitigating factors to argue for the most lenient sentence possible.

The SRIS Theft Charge Defense Blueprint Tool

Facing a theft charge is overwhelming. To provide clarity in a stressful time, we have developed The SRIS Theft Charge Defense Blueprint. This is not legal advice but a structured guide to help you organize your thoughts and information before meeting with an attorney. A well-prepared client is an empowered client. Follow these steps to lay the groundwork for your defense.

Legal Strategies & Defenses in Theft Cases

A successful defense against a theft charge in Arlington requires a tailored strategy that attacks the specific elements of the prosecution’s case. Common approaches include challenging the alleged intent to steal, disputing the valuation of the property, and scrutinizing the procedures followed by law enforcement.

Every theft case is unique, and the right defense strategy depends entirely on the specific facts and evidence. After more than 20 years of defending clients in Arlington courts, I have found that a proactive and meticulous approach is key. The burden of proof is always on the Commonwealth; they must prove every element of the crime beyond a reasonable doubt. Our job is to create that doubt.

Challenging “Intent” (Mens Rea)

Perhaps the most critical element the prosecution must prove is your intent to permanently deprive the owner of their property. Without intent, there is no crime of larceny. A skilled defense often hinges on demonstrating that the alleged theft was a result of a mistake, accident, or misunderstanding. Examples include:

• Accidental Concealment: A person may have been distracted (e.g., by a phone call or a child) and placed an item in a bag or pocket out of habit, with no intention of stealing it.
• Forgetting to Pay: It’s plausible, especially with un-bagged items at the bottom of a shopping cart, to simply forget an item at the checkout.
• Lack of Awareness: A person might be accused of taking property left in a shared space, believing it was abandoned or that they had a right to it.

Proving a negative (that you didn’t have intent) is difficult, so we build a case based on circumstantial evidence, your behavior, your past record, and your credibility to show that your actions were inconsistent with someone trying to commit a crime.

Disputing the Value of the Property

As discussed, value is the lynchpin that separates misdemeanor petit larceny from felony grand larceny. The Commonwealth often relies on the store’s retail sticker price, but this may not be the actual fair market value. An effective strategy involves:

• Auditing the Valuation: We investigate the true market value of the items. Were they on clearance? Are they available for less elsewhere? For used goods, we may bring in an appraiser.
• Arguing for a Lower Value: If we can successfully argue that the total value is below the $1,000 felony threshold, we can get a grand larceny charge reduced to a misdemeanor. This is a monumental victory that can prevent a client from becoming a convicted felon.

Asserting a Claim of Right

In some situations, a person takes property under the genuine, good-faith belief that they have a right to it. For example, in a dispute between former roommates, one might take an item believing it is theirs. If the belief is genuine, even if it’s mistaken, it can negate the criminal intent required for a larceny conviction. This is a complex defense that requires careful presentation of the facts.

Scrutinizing Police and Store Security Procedure

Your constitutional rights do not disappear when you are accused of a crime. We meticulously examine every action taken by law enforcement and loss prevention officers.

• Illegal Search and Seizure: Was the evidence against you obtained through an illegal search of your person, car, or home? If so, we can file a motion to suppress that evidence, which could lead to the case being dismissed.
• Chain of Custody: The prosecution must prove that the evidence presented in court is the exact same evidence that was seized at the time of the incident and that it has not been tampered with. Any break in this chain of custody can render the evidence inadmissible.
• Miranda Rights Violations: If you were in custody and interrogated without being read your Miranda rights, any confession or incriminating statements you made may be suppressed.

Negotiating for Diversion and First Offender Programs

For some clients, especially those with no prior criminal record, the best strategy may not be to fight the charge at trial but to negotiate a disposition that avoids a conviction altogether. Virginia law allows for a “deferred disposition” in certain cases. Under such an agreement, a defendant may be required to complete community service, attend anti-theft classes, and remain on good behavior for a period of time. If all conditions are met, the court can dismiss the charge, allowing the individual to later seek an expungement to clear their record.

Common Mistakes to Avoid When Facing a Theft Charge

In the high-stress moments following a theft accusation, it is easy to make critical errors that can severely damage your case. Over my career, I’ve seen well-meaning individuals unintentionally harm their own defense. Avoiding these common pitfalls is paramount.

1. Talking to the Police or Store Security. This is the most common and most damaging mistake. Police and loss prevention officers are trained to elicit incriminating statements. They may seem friendly or suggest that “cooperating” will make things easier. It will not. You have a constitutional right to remain silent. Politely state that you will not answer any questions and that you wish to speak with an attorney.
2. Underestimating a Misdemeanor Charge. Many people assume a “petit” larceny charge is “no big deal.” This is a dangerous misconception. A Class 1 Misdemeanor in Virginia carries up to a year in jail and leaves you with a permanent criminal record for a crime of dishonesty, which can be just as damaging as a felony for employment purposes.
3. Trying to “Fix It” Yourself. Some individuals attempt to contact the store or the alleged victim to apologize or offer to pay for the item. While the intention may be good, this can be interpreted as an admission of guilt and used against you in court. All communication should be handled by your legal counsel.
4. Posting About the Incident on Social Media. Never discuss any aspect of your case online. Social media is not private. Prosecutors can and do subpoena social media posts, and anything you write—even a joke or a vent—can be taken out of context and used to undermine your defense.
5. Waiting Too Long to Hire an Attorney. The time between your arrest and your first court date is a critical period for evidence gathering and strategy development. Witnesses’ memories fade, and surveillance video can be erased. The sooner a seasoned theft attorney is on your case, the better their ability to preserve crucial evidence and begin building a strong defense.
6. Failing to Appear in Court. Missing a court date, even for what seems like a minor procedural hearing, will result in the judge issuing a “capias,” which is a bench warrant for your arrest. This complicates your case significantly and makes you look unreliable to the court.

Glossary of Key Legal Terms

Larceny

The legal term for theft in Virginia. It is the wrongful or fraudulent taking of goods belonging to another without their consent and with the intent to permanently deprive the owner of them.

Mens Rea

A Latin term meaning “guilty mind.” It refers to the state of mind, specifically the intent, that the prosecution must prove to secure a conviction for most crimes, including larceny.

Commonwealth’s Attorney

The official title for the prosecutor in Virginia who represents the government (the “Commonwealth”) in criminal cases. They are responsible for deciding what charges to file and prosecuting the case in court.

Arraignment

The first formal court appearance where a defendant is officially informed of the charges against them and is asked to enter a plea.

Discovery

The pre-trial process in which the defense and prosecution exchange information and evidence related to the case. This includes police reports, witness statements, and video evidence.

Deferred Disposition

An arrangement where a defendant agrees to fulfill certain court-ordered conditions (like community service or classes) in exchange for the court agreeing to dismiss the charge upon successful completion. This avoids a formal conviction.

Expungement

A legal process to seal or destroy a criminal record. In Virginia, you can typically only expunge charges that were dismissed or for which you were found not guilty.

Common Scenarios & Questions

Scenario 1: “I was shopping at Pentagon City Mall and got distracted. I walked out with an item in my cart by mistake and was stopped by security. What am I facing?”

This is a classic scenario where the central issue is intent. The prosecution will argue that you intended to steal, using the act of passing all points of sale as evidence. Your defense would focus on demonstrating this was a genuine mistake. Factors like your behavior when stopped, whether you had the means to pay, and your lack of a prior record would be crucial. If the item’s value is under $1,000, you would be charged with Petit Larceny, a Class 1 Misdemeanor. An experienced Arlington theft lawyer would immediately begin negotiations with the prosecutor to highlight the accidental nature of the event, aiming for a dismissal or a resolution through a first offender program.

Scenario 2: “My ex-roommate moved out and accused me of stealing their laptop, valued at $1,200. The police are involved. I believed the laptop was a shared item. What can I do?”

Because the alleged value is over $1,000, you are facing a Grand Larceny felony charge. The key defense here would be “claim of right.” Your attorney would work to gather evidence proving your good-faith belief that you had a right to possess the laptop. This could include text messages, emails, or witness testimony about the living arrangement and how property was shared. The goal is to show the court that this is a civil property dispute between former roommates, not a criminal matter, because you lacked the necessary “mens rea” or criminal intent to steal.

Scenario 3: “My 17-year-old was caught shoplifting with friends. It was a stupid mistake. How is this handled for a minor in Arlington?”

Cases involving minors are handled in the Arlington County Juvenile and Domestic Relations (JDR) District Court. The focus of the JDR court is on rehabilitation rather than punishment. However, the charge is still serious. The legal process is different, involving an intake officer and a focus on the “best interests of the child.” A knowledgeable attorney can guide you through this distinct system, working with the intake officer and the Commonwealth’s Attorney to secure a resolution that may involve diversion programs, counseling, or community service, all with the primary goal of preventing a formal delinquency finding that could impact your child’s future educational and career prospects.

Frequently Asked Questions

1. What is the difference between theft, larceny, and robbery?

In Virginia, “theft” is the common term for the crime legally called “larceny.” Robbery is a separate, more serious crime that involves taking property from a person by force, violence, or threat. Larceny is taking property without such force.

2. If I return the stolen item, will the charges be dropped?

Not automatically. Returning the property may be seen as a sign of remorse and can be a positive factor in negotiations or at sentencing, but the crime was legally completed when the item was taken with intent to steal. The decision to drop the charges rests solely with the prosecutor.

3. Will I definitely go to jail for a first-offense petit larceny?

While a jail sentence of up to 12 months is possible, it is not mandatory or even typical for a first-time petit larceny offense with a low-value item. Often, a favorable outcome like a fine, community service, or a deferred disposition leading to dismissal is achievable with effective legal representation.

4. Can a theft conviction be expunged from my record in Virginia?

This is a critical point. In Virginia, you cannot expunge a conviction (except in very rare circumstances). You can only expunge a charge that was dismissed, dropped (nolle prosequi), or for which you were found not guilty. This is why fighting for a dismissal is so important.

5. What if the store security held me for a long time before the police arrived?

Merchants in Virginia have a limited legal right to detain someone they have probable cause to believe is shoplifting for a reasonable amount of time to await law enforcement. However, if the detention was unreasonably long or involved excessive force, it could be a factor in your defense or even grounds for a separate civil claim.

6. The store has me on video. Is my case hopeless?

No. Video evidence is powerful, but it doesn’t always tell the whole story. It may not clearly show intent. It may not capture crucial context. An experienced attorney can review the video to see if it truly proves every element of the crime beyond a reasonable doubt.

7. What is “constructive possession”?

Constructive possession is a legal theory used when stolen property isn’t found on your person but is in a place you control, like your car or your home. The prosecution would have to prove you knew the property was there and that you exercised control over it.

8. Do I need a lawyer for a shoplifting charge in Arlington?

While you can represent yourself, it is highly inadvisable. The legal system is complex, and the stakes are high. A knowledgeable property crime lawyer understands the local courts, prosecutors, and available programs, dramatically increasing your chances of achieving a favorable outcome and protecting your future.

9. What is restitution?

Restitution is a court order requiring a defendant to pay back the victim for the financial loss caused by the crime. In a theft case, this would typically be the value of the stolen property if it was not recovered or was damaged.

10. Can a theft charge affect my security clearance?

Absolutely. A theft conviction is a major red flag on a security clearance application or review because it is considered a crime of dishonesty. It can easily lead to the denial or revocation of a clearance, which is often career-ending for those in the Arlington and D.C. area.

11. What if I was with a friend who stole something, but I didn’t?

You could potentially be charged under a theory of “principal in the second degree” or “accessory” if the prosecution believes you aided or encouraged your friend in committing the crime (e.g., by acting as a lookout). Your defense would focus on proving you were merely present and had no knowledge of or involvement in your friend’s actions.

12. The police didn’t read me my rights. Will my case be dismissed?

Not necessarily. The Miranda rights are only required if you are (1) in custody and (2) being interrogated. If they weren’t required, or if you didn’t make any incriminating statements, it may not affect your case. If you did make statements under custodial interrogation without being read your rights, your attorney can file a motion to have those statements suppressed so they cannot be used as evidence.