If you’re wondering whether larceny is a felony or misdemeanor, the answer depends on the situation: larceny can be either, based on the value of the stolen property or specific circumstances. This guide breaks down what larceny is, how it’s classified, the penalties you might face, and defenses that could help, giving you a clear picture of this common theft charge.
What Is Larceny?
Larceny is the act of unlawfully taking someone else’s property with the intent to keep it permanently, without their permission. Think shoplifting, pickpocketing, or stealing a bike from a rack. It’s a type of theft, and its legal classification—felony or misdemeanor—varies by jurisdiction and factors like the property’s value or the method of theft.
In many states, including Virginia, larceny splits into two categories:
- Petit Larceny: A misdemeanor for lower-value thefts.
- Grand Larceny: A felony for higher-value or specific thefts.
When Is Larceny a Misdemeanor?
Larceny is a misdemeanor, often called petit larceny, when the stolen property’s value is below a certain threshold or the theft is less severe. In Virginia, under Virginia Code § 18.2-96, petit larceny includes:
- Property valued at less than $1,000.
- Property valued at less than $5 taken directly from a person (e.g., pickpocketing).
Penalties for Petit Larceny:
- Classification: Class 1 misdemeanor.
- Jail Time: Up to 12 months.
- Fines: Up to $2,500.
- Criminal Record: A permanent record that can affect jobs and housing.
Misdemeanor larceny typically involves minor thefts, like stealing a low-cost item from a store, but the consequences can still be significant.
When Is Larceny a Felony?
Larceny becomes a felony, known as grand larceny, when the theft involves higher-value property or specific items. In Virginia, under Virginia Code § 18.2-95, grand larceny includes:
- Property valued at $1,000 or more.
- Property valued at $5 or more taken directly from a person.
- Any firearm, regardless of value.
Penalties for Grand Larceny:
- Classification: Class 7 felony.
- Prison Time: Up to 7 years, or up to 12 months in jail at the court’s discretion.
- Fines: Up to $2,500.
- Restitution: Repaying the victim for the stolen property.
- Criminal Record: A felony record
Additional Consequences:
- Permanent felony record, limiting employment, housing, and civil rights (e.g., voting, firearm ownership).
- Potential loss of professional licenses or security clearances.
Conclusion
Larceny can be a felony or misdemeanor, depending on the value of the stolen property or specific circumstances like taking from a person or stealing a firearm. Misdemeanor petit larceny involves lower-value thefts with lighter penalties, while felony grand larceny carries severe consequences like years in prison and a permanent record. Knowing this distinction is crucial for defending against charges and protecting your future.
Facing larceny charges? The experienced criminal defense attorneys at The Law Offices of Krum, Gergely, & Oates are here to help. Serving Fairfax, Arlington, and throughout Virginia, our team fights to reduce or dismiss charges, safeguarding your rights. Contact us for a free consultation.
