Virginia Petit Larceny: Charges, Value Thresholds, and Next Steps

A Virginia petit-larceny charge cannot be understood from the word “theft” or a dollar amount alone. Start with the section written on the charging document, whether the allegation concerns property taken from a person, and what property and value are alleged. This guide explains the limited statutory distinctions in Virginia Code §§ 18.2-96, 18.2-95, and 18.2-103. It does not decide whether an accusation is true or whether the prosecution can prove it.

Petit larceny and grand larceny are not interchangeable labels. A store-merchandise allegation also requires attention to the actual provision charged. An online threshold summary should not replace review of the complete accusation and current law.

What is petit larceny in Virginia?

Virginia Code § 18.2-96 describes two branches: larceny from the person of another involving money or something of value below $5; and simple larceny not from the person of another involving goods valued below $1,000, subject to the firearm exception in § 18.2-95. Section 18.2-96 makes petit larceny a Class 1 misdemeanor.

The different branches are why “anything under $1,000 is a misdemeanor” is not a reliable summary. The alleged manner of taking and type of property matter alongside value. These statutes are not a complete explanation of the common-law elements of larceny; this guide does not provide an elements checklist or a test for deciding guilt.

Where are the petit- and grand-larceny boundaries?

Section 18.2-95 supplies the contrasting grand-larceny branches. Read the rows separately rather than applying one dollar threshold to every allegation.

Exactly $1,000 is not below $1,000, and exactly $5 is not below $5. Those arithmetic boundaries do not establish how property must be valued or which facts have been proved. This article does not interpret disputed valuation, combine separate transactions, or classify a particular incident.

What punishment does a Class 1 misdemeanor authorize?

Virginia Code § 18.2-11(a) authorizes up to 12 months in jail, a fine of up to $2,500, or both for a Class 1 misdemeanor conviction. These are statutory ceilings, not an expected sentence or a promise of no jail. The fine ceiling is not a complete estimate of the financial consequences of a case.

A pending charge is not a conviction. Neither a low alleged value nor the description “first offense” supplies an outcome prediction here. This overview does not assess prior-record treatment, alternative dispositions, restitution, or eligibility for any particular resolution.

Is a shoplifting allegation the same question?

Look at the code section rather than assuming that an everyday label identifies the entire offense. Section 18.2-103 addresses specified store-merchandise conduct, without authority and with the intent stated in that statute. Its covered acts include concealment or taking possession, price-marking or container changes, and assisting another with the listed conduct. It uses below $1,000 and $1,000-or-more value branches.

Do not assume that leaving a store is always required: § 18.2-103 expressly addresses willful concealment while still on the premises. That does not mean every concealed item proves guilt. The statute’s evidentiary language and its application require separate legal review; this page offers no shortcut for deciding intent, authority, or proof.

Which records help identify the actual charge?

Organize records that already exist without editing their contents:

• The complete summons, warrant, indictment, or other charging document, including every section number and separate count shown.
• The named court, next date, and any later notice or order, kept separate from an informal description of what happened.
• The documents identifying the property and alleged value, with the source of each figure recorded rather than assumed.
• Existing receipts, messages, photographs, or other records you lawfully possess, preserved in their original form.

These are organizational categories, not required exhibits or a defense checklist. Do not alter or destroy records, post confidential details publicly, or send sensitive material before counsel confirms an appropriate way to provide it. Ask what is relevant to the actual accusation and current stage of the case.

Keep the next step tied to the charging papers

The useful starting questions are which statute is alleged, which value or property branch is involved, what remains disputed, and what the current court papers require. This guide does not change a court date, authorize missing a hearing, or recommend a plea. A particular case requires individual legal advice.

For the firm’s broader representation overview and questions to ask about availability for the actual charge and court, see criminal defense in Hampton Roads. This informational guide does not promise acceptance of a matter, a fee, or a result.

Source research: October 17, 2026, using the linked official Virginia Code public text. This is a limited statutory overview, not an independent Shepard’s or KeyCite subsequent-treatment check, case-law interpretation, amendment-history analysis, complete elements or defenses analysis, or individual eligibility assessment. Record sealing, immigration, employment, civil claims, and other collateral consequences are outside its scope. General information is not legal advice about a particular matter.