Petit Larceny

A Virginia petit larceny charge is a criminal misdemeanor, even when the property was inexpensive or returned. The alleged value, how it was taken and what the evidence shows can change the charge and the available options. A conviction can affect employment, professional licensing, security clearances and immigration matters, depending on your circumstances.

At a glance

• Charge: Petit larceny is a Class 1 misdemeanor under § 18.2-96.
• Maximum penalty: Up to 12 months in jail, a fine of up to $2,500, or both (§ 18.2-11).
• Value line: Property worth less than $1,000, or less than $5 if taken from another person.
• Deferred disposition: Eligible defendants may receive probation followed by dismissal under § 19.2-303.2; eligibility and court approval require individual review.
• Store demand letters: A merchant’s civil claim is separate from the criminal case. Section 8.01-44.4 sets the available damages and limits.

What Counts as Petit Larceny in Virginia?

Larceny means taking someone else’s property without permission, intending to keep it from them permanently. Virginia divides larceny into petit and grand larceny mainly by value:

• Larceny from the person: taking money or property worth less than $5 from another person is petit larceny. Taking $5 or more from a person is grand larceny. Pickpocketing is the classic example.
• Larceny based on value: other theft is petit larceny when the property is worth less than $1,000. Property worth $1,000 or more is grand larceny under § 18.2-95, and theft of a firearm is grand larceny whatever its value.

Shoplifting under § 18.2-103 covers unauthorized concealment or possession of merchandise, altered price tags, transfers between containers and assistance with those acts, with the required intent to avoid full payment or defraud the owner. The value determines petit or grand larceny. Willful concealment inside a store is prima facie evidence of that intent; leaving the store is not required, but concealment does not make guilt automatic. The exact statute on the charging document matters.

What the Commonwealth Has to Prove

For common-law larceny charged under § 18.2-96, the Commonwealth must prove beyond a reasonable doubt a wrongful taking and carrying away of another person’s property without consent, with the intent to deprive the owner permanently. Identity and the legally relevant value also matter. A shoplifting charge under § 18.2-103 has its own statutory elements, so the prosecution does not always have to prove that goods were carried out of the store.

Each of those elements can be contested in the right case. Store video, receipts, witness accounts and what was said at the scene often matter, which is why it helps to talk with a lawyer before you discuss the incident with anyone else.

Penalties for Petit Larceny

Petit larceny is a Class 1 misdemeanor, the most serious class of misdemeanor in Virginia. The maximum is 12 months in jail and a $2,500 fine. Those are limits, not predictions. The facts, the value involved, restitution and your prior record all affect the outcome.

Prior theft convictions can affect sentencing, but Virginia repealed its former repeat-larceny felony enhancement, § 18.2-104, effective July 1, 2021. Two prior theft convictions no longer turn a new petit larceny charge into a felony.

The court can also order restitution to the owner. The laws listed below include special theft offenses that may be felonies regardless of the ordinary $1,000 threshold. A store’s separate civil claim is explained next.

Deferred Disposition for Eligible Defendants

Section 19.2-303.2 permits deferred disposition for eligible misdemeanor property offenses, including petit larceny and shoplifting. The court must review the statutory eligibility requirements, including felony history and prior use of this dismissal procedure. It does not extend this option to felony grand larceny.

With your consent, and if the facts would justify a finding of guilt, the court may defer judgment and place you on probation. Terms can include restitution, community service or a theft-awareness class. If you complete the terms, the court dismisses the case without a finding of guilt. If you violate them, the court can find you guilty and sentence you.

Dismissal under this procedure does not automatically erase the case record. The disposition, dates and criminal history affect any later record-relief option. Our record sealing and expungement guide explains the separate remedies.

Store Demand Letters and Civil Penalties

Under § 8.01-44.4, a merchant may pursue a separate civil claim against an adult or emancipated minor who shoplifts. The statute provides twice the unpaid retail value, with a $50 minimum. If the merchandise is recovered in merchantable condition, it provides liquidated damages of no more than $350. A prevailing party may receive reasonable attorney’s fees and costs capped at $150. Rules against duplicate recovery for the same loss also apply.

A store does not need a criminal conviction to bring this claim, but it cannot file suit while the criminal case on the same facts is pending. Talk with us before you pay or respond, so the letter is handled with your criminal case in mind.

How We Help

We start by listening. Then we review the charging document, any store video and reports, the alleged value and your record, and we explain what the realistic options are, including whether a deferred disposition is available and what it would mean for you. We appear with you in court and keep you informed at each step.

Our criminal defense overview explains the other charges we handle, including grand larceny. If your charge is in Fairfax, our Fairfax petit larceny and shoplifting page covers local court information.

Related Virginia Theft Laws

• § 18.2-97: larceny of certain animals and poultry
• § 18.2-98: larceny of bank notes, checks and other writings
• § 18.2-102: unauthorized use of an animal, aircraft, vehicle or boat
• § 18.2-103: concealing or taking possession of merchandise (shoplifting)
• § 18.2-107: theft or destruction of public records
• § 18.2-108: receiving stolen goods
• § 18.2-111: embezzlement

Frequently Asked Questions

Talk With a Virginia Petit Larceny Lawyer

At NOVADefenders, our office is in Fairfax, and we represent people charged with theft offenses across Northern Virginia. Bring your summons or warrant and any letters you have received from the store, and we will explain your next steps. We tell you our fee up front.

Call 703.273.6431 at any hour and you will speak with a real person. The consultation is free, and you can also contact us online.

Reviewed by attorney Benjamin Schaefer | Updated October 14, 2026