Theft & Larceny Defense FAQs

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 In Virginia, theft (larceny) is defined as taking property or money belonging to another person with the intent to permanently deprive the owner of it. Theft charges can arise from shoplifting, employee theft, fraud, or taking property without permission, and are prosecuted in Virginia General District Court or Circuit Court depending on severity.

 Virginia classifies theft offenses based on the value of the property and how the theft occurred:

• Petit Larceny – Typically a Class 1 misdemeanor 
• Grand Larceny – A felony offense, often involving higher-value property or theft directly from a person
  Felony larceny cases are handled in Virginia Circuit Court.

 Penalties vary based on the charge and criminal history but may include:

• Jail or prison time
• Fines and restitution
• Probation
• A permanent criminal record
  Felony theft convictions can result in years of incarceration and loss of civil rights.

 Yes. In Virginia, shoplifting charges may be pursued even if the merchandise is returned or never leaves the store. Surveillance footage, loss prevention reports, and witness statements are commonly used as evidence.

 Yes. Theft charges may be reduced or dismissed due to:

• Lack of intent to steal 
• Mistaken identity 
• Insufficient or improperly obtained evidence 
• Constitutional violations
  Some first-time offenders may qualify for diversion or deferred disposition programs.

 Theft by false pretenses occurs when property or money is obtained through misrepresentation or deception, such as fraud or issuing bad checks. These cases may be charged as misdemeanors or felonies depending on the amount involved.

 Yes. A conviction remains on your criminal record permanently. However, dismissed charges or acquittals may be eligible for expungement or record sealing under Virginia law.

 Yes. Juveniles may be charged with theft offenses in Virginia Juvenile and Domestic Relations Court. The focus is often on rehabilitation, but serious cases may still carry significant consequences.

 A theft conviction can impact:

• Employment and background checks 
• Professional licenses 
• Housing applications
• Security clearances
  Many employers consider theft offenses particularly serious. 

 Yes. Even misdemeanor theft charges can result in jail time and long-term consequences. An experienced criminal defense attorney can challenge evidence, negotiate reduced charges, or seek dismissal.

 Common defense strategies include:

• Lack of intent to steal 
• Ownership or right to the property 
• Insufficient evidence 
• Illegal search or seizure 
• False accusations 

 Immediately. Early legal representation helps preserve evidence, protect your rights, and improve the likelihood of a favorable outcome.