Arlington County VA Petit Larceny Lawyer

Arlington Petit Larceny Defense Guide

Virginia Petit Larceny Law	Petit Larceny Penalties
What the Commonwealth Must Prove	Petit vs. Grand Larceny
Property Value	Evidence in Larceny Cases
Common Defense Issues	Arlington Court Process
What to Send	Petit Larceny FAQs

Arlington County Defense Services

For broader statewide criminal-defense information, see our Virginia Petit Larceny Lawyers page.

Petit Larceny Under Virginia Law

Virginia larceny is based substantially on common law, while Virginia Code § 18.2-96 determines when qualifying larceny is punished as petit larceny.

Section 18.2-96 applies to:

• Larceny from the person of another involving money or another thing of value worth less than $5; and
• Simple larceny not from the person involving goods or property valued at less than $1,000, except for theft of a firearm.

In general, larceny requires a wrongful or fraudulent taking and carrying away of personal property belonging to another person, without consent, and with the intent to permanently deprive the owner of the property.

The exact circumstances matter. A dispute over ownership, permission, temporary use, mistake, possession, identity, or intent may create issues different from a straightforward allegation that property was deliberately stolen.

Arlington Petit Larceny Penalties

Petit larceny is a Class 1 misdemeanor in Virginia. A Class 1 misdemeanor may be punished by up to 12 months in jail, a fine of up to $2,500, or both. A conviction may also create consequences involving employment, professional licensing, security clearance, immigration status in appropriate cases, background checks, and future opportunities. The actual outcome depends on the evidence, criminal history, property involved, restitution or recovery of property, available defenses, and other circumstances.

What the Commonwealth Must Prove

A petit larceny conviction requires proof beyond a reasonable doubt of the required elements of larceny and the facts establishing misdemeanor treatment under Virginia law.

Depending on the allegation, important issues may include whether the Commonwealth can prove:

• A taking and carrying away of personal property;
• That the property belonged to another person;
• That the taking occurred without consent or lawful authority;
• An intent to permanently deprive the owner of the property;
• The identity of the person who allegedly committed the offense; and
• The value of the property when value determines the classification of the charge.

Possession of disputed property does not automatically establish every element of larceny. The surrounding circumstances should be examined carefully.

Petit Larceny vs. Grand Larceny

For ordinary larceny not from the person, the $1,000 value threshold generally separates petit larceny from grand larceny.

Property valued at less than $1,000 generally falls within Virginia Code § 18.2-96. Property valued at $1,000 or more may constitute grand larceny under § 18.2-95.

Different rules apply to larceny directly from another person. Theft of a firearm is also treated differently and can constitute grand larceny regardless of the firearm’s value.

For felony theft allegations, see our Arlington County VA Grand Larceny Lawyer page.

Property Value in an Arlington Larceny Case

Property value can become particularly important when the alleged value approaches the $1,000 threshold separating ordinary petit and grand larceny.

Evidence concerning value may include:

• Purchase receipts;
• Market-value testimony;
• The age and condition of the property;
• Photographs;
• Appraisals;
• Business records; and
• Other evidence showing what the property was worth at the relevant time.

The original purchase price does not necessarily establish the value of used or depreciated property at the time of the alleged offense.

Evidence Used in Arlington Petit Larceny Cases

Depending on the allegation, evidence may include:

• Surveillance or security video;
• Witness statements;
• Statements attributed to the accused;
• Body-camera recordings;
• Photographs of the property;
• Receipts and transaction records;
• Text messages, emails, or other communications;
• Evidence concerning ownership or permission;
• Evidence concerning property value; and
• Evidence showing where and how the property was recovered.

The evidence should be evaluated as a whole rather than assuming that one photograph, statement, or possession of property establishes the offense.

Common Defense Issues in Petit Larceny Cases

The appropriate defense depends on the particular evidence and theory of prosecution. Petit larceny cases may involve disputes about intent, ownership, permission, identity, property value, or the reliability of the Commonwealth’s evidence. A defense should begin with the exact allegation and the evidence the prosecution intends to use. Surveillance video, witness testimony, statements, possession of property, receipts, electronic communications, and other records may support or undermine the Commonwealth’s theory of the case. Not every possession or taking of property establishes larceny. The surrounding circumstances may show mistake, misunderstanding, temporary use, permission, a claim of right, mistaken identification, or another explanation inconsistent with an intent to steal.

Lack of Intent to Steal

Larceny generally requires an intent to permanently deprive the owner of the property. Mistake, misunderstanding, temporary use, or another innocent explanation may create an important intent issue.

Ownership or Claim of Right

A genuine dispute concerning ownership or the accused person’s right to possess the property may affect whether the Commonwealth can prove a wrongful taking.

Consent or Permission

Evidence that the owner authorized possession or use of the property may be inconsistent with the Commonwealth’s theory of larceny.

Mistaken Identity

The prosecution must prove that the accused person committed the alleged taking. Surveillance video, eyewitness testimony, and identification evidence should be examined carefully.

Insufficient Proof of Value

When value affects classification, the Commonwealth must present sufficient evidence establishing the relevant property value.

Conflicting Evidence

Witness accounts, video, physical evidence, electronic records, and statements may conflict. Those inconsistencies may affect whether the Commonwealth can prove the charge beyond a reasonable doubt.

Arlington County Petit Larceny Court Process

Adult petit larceny charges are generally misdemeanor cases heard in Arlington County General District Court. The case may involve an advisement or arraignment, review of available evidence, negotiations, motions, and trial. The charging document should be reviewed to confirm the exact statute, alleged property, value, court date, and procedural posture of the case. A person accused of petit larceny should preserve the summons, warrant, bond paperwork, receipts, photographs, communications, and other potentially relevant evidence.

What to Send for an Arlington Petit Larceny Case Review

Helpful information may include:

• The warrant, summons, or other charging document;
• The scheduled Arlington court date;
• Documents identifying the property involved;
• Receipts, appraisals, or other value information;
• Documents concerning ownership or permission;
• Photographs or video;
• Text messages, emails, or other communications;
• Names and contact information for witnesses; and
• Other paperwork provided by police, a magistrate, prosecutor, or court.

Potentially relevant evidence should be preserved in its original form.

Frequently Asked Questions About Arlington Petit Larceny

What is petit larceny in Virginia?

Virginia Code § 18.2-96 generally treats ordinary larceny involving property valued at less than $1,000 as petit larceny. Larceny from the person involving property valued at less than $5 may also constitute petit larceny.

Is petit larceny a misdemeanor in Virginia?

Yes. Petit larceny under Virginia Code § 18.2-96 is a Class 1 misdemeanor.

What is the punishment for petit larceny?

A Class 1 misdemeanor may be punished by up to 12 months in jail, a fine of up to $2,500, or both.

What is the difference between petit and grand larceny?

For ordinary larceny not from the person, property valued at less than $1,000 generally falls within petit larceny, while property valued at $1,000 or more may constitute grand larceny. Different rules apply to larceny from the person and theft of a firearm.

Does the Commonwealth have to prove intent to steal?

Generally, yes. Larceny requires an intent to permanently deprive the owner of the property. Intent may be proven through conduct, statements, possession, and other surrounding circumstances.

Can ownership or permission be a defense?

Potentially. Evidence that the accused owned the property, had a legitimate claim to it, or had permission to possess or use it may affect whether the Commonwealth can prove a wrongful taking.

Can the value of the property be challenged?

Yes. Value can determine whether an ordinary theft allegation is petit or grand larceny. Receipts, age, condition, market evidence, appraisals, and other information may be relevant.

Where is an Arlington County petit larceny charge heard?

Adult misdemeanor petit larceny cases are generally heard in Arlington County General District Court.

Request a Confidential Arlington Petit Larceny Case Review

If you have been charged with petit larceny in Arlington County, reviewing the charging document, alleged property value, ownership, intent, witness testimony, video, statements, and other available evidence can help identify the legal and factual issues involved. Request a confidential case review with an Arlington criminal defense lawyer.

9/15/2026