Henrico County Burglary and Theft Defense Attorney
A theft charge says something about your character before you ever get a chance to speak. That is what makes these cases so damaging.
A shoplifting arrest, a grand larceny warrant, or a burglary charge can follow you into every job application, background check, and professional license renewal for years. And employers and landlords tend to treat theft as a question of honesty, not just a legal matter.
At Peters Law Firm, PLLC, we know that one decision on a bad day, a misunderstanding over property, or a case of being in the wrong place at the wrong time should not define your future. If you have been charged with theft or burglary anywhere in the Richmond metro area or south through the Tri-Cities, a confidential consultation is one call away.
Understanding Theft Charges in Virginia
Virginia law groups most theft offenses under the word “larceny.”
But what separates a misdemeanor from a felony is usually the value of the property, how it was taken, and what kind of property it was.
Petit Larceny (Va. Code § 18.2-96)
Taking property worth less than $1,000, or taking less than $5 directly from another person, is petit larceny. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.
Many first-time shoplifting cases fall into this category.
Grand Larceny (Va. Code § 18.2-95)
Once the property is valued at $1,000 or more, the charge becomes grand larceny, a felony.
The same is true for taking $5 or more directly from another person, or for taking any firearm regardless of its value. Grand larceny carries 1 to 20 years in prison, although a judge or jury may instead impose up to 12 months in jail and a fine of up to $2,500. Because the $1,000 line decides whether you face a felony, the value the Commonwealth assigns to the property is often one of the first things we examine.
Shoplifting and Concealment (Va. Code § 18.2-103)
Virginia does not require a person to leave the store to be charged.
Concealing merchandise, switching price tags, or moving items into another container can all support a charge, and the law treats concealment on the premises as evidence of intent to steal. The charge is petit or grand larceny depending on the value involved.
Store employees may also hold a suspected shoplifter for up to one hour while waiting for police, under § 18.2-105.1.
Receiving Stolen Property (Va. Code § 18.2-108)
Buying, receiving, or helping conceal property you know was stolen is treated as larceny of that property, even if the person who actually took it is never convicted.
These cases often turn on what the accused actually knew, which is one of the most contestable elements in theft law.
Larceny With Intent to Sell and Organized Retail Theft (Va. Code §§ 18.2-108.01, 18.2-103.1)
Prosecutors increasingly pursue enhanced charges when they believe stolen goods were meant for resale.
Larceny of property worth $1,000 or more with intent to sell carries 2 to 20 years in prison, and taking multiple units of the same product can be used as evidence of that intent. Organized retail theft, which applies to coordinated thefts from retailers exceeding $5,000 over a 90-day period, is a Class 3 felony carrying 5 to 20 years.
Thefts from stores in different counties and cities can be combined into a single charge.
Other Common Theft Charges
- Unauthorized use of a vehicle (§ 18.2-102): Taking a car without permission but without intent to keep it. A Class 6 felony, or a Class 1 misdemeanor if the vehicle is worth less than $1,000.
- Mail theft (§ 18.2-110.1): Taking mail or packages from a mailbox, porch, or delivery point. A Class 6 felony since 2025.
- Embezzlement (§ 18.2-111): Taking money or property entrusted to you by an employer or another person. See our White Collar Crimes page for more on these cases.
Burglary and Breaking and Entering Charges
Burglary is not simply theft from a home.
Virginia focuses on the unlawful entry itself and what the person intended to do once inside, which is why someone can be charged with burglary even if nothing was taken.
Common-Law Burglary (Va. Code § 18.2-89)
Breaking and entering another person’s home at night with intent to commit a felony or any larceny is a Class 3 felony, carrying 5 to 20 years in prison.
If the person was armed with a deadly weapon at the time, it becomes a Class 2 felony, punishable by 20 years to life.
Statutory Burglary (Va. Code §§ 18.2-90, 18.2-91)
Virginia extends burglary well beyond nighttime break-ins.
Statutory burglary covers daytime breaking and entering, entering at night without breaking, and hiding inside a building. This applies to businesses, sheds, and other permanent structures, not just homes.
When the alleged intent was larceny, assault and battery, or another felony, the charge under § 18.2-91 carries 1 to 20 years in prison, or up to 12 months in jail at the discretion of the judge or jury.
Carrying a deadly weapon raises any of these offenses to a Class 2 felony.
Breaking and Entering With Intent to Commit a Misdemeanor (Va. Code § 18.2-92)
Breaking into an occupied home with intent to commit a misdemeanor other than assault and battery or trespass is a Class 6 felony, carrying 1 to 5 years.
Possession of Burglary Tools (Va. Code § 18.2-94)
Having tools with intent to commit burglary, robbery, or larceny is a Class 5 felony, carrying 1 to 10 years. The law presumes that intent from possession alone, which places a heavy burden on the accused to explain ordinary tools that may have a perfectly legitimate purpose.
What Is at Stake
The sentence is only part of what a theft conviction costs.
A conviction can also bring:
- A permanent record that background checks will flag as a crime of dishonesty, which can close doors in banking, healthcare, retail, education, and government work
- Damage to your credibility as a witness in any future court case, including custody or civil matters
- Court-ordered restitution and, in shoplifting cases, civil liability to the store under § 18.2-104.1
- Professional licensing reviews for nurses, real estate agents, financial professionals, and others
- Serious immigration problems for clients who are not U.S. citizens, since theft is often treated harshly in immigration proceedings
In many cases, the most important goal is not just avoiding jail. It is keeping a conviction off your record entirely.
How Theft and Burglary Cases Move Through Local Courts
Petit larceny and most shoplifting charges stay in the General District Court in Henrico. Grand larceny and burglary charges start there too, but only for a preliminary hearing. If the judge finds probable cause, the case then moves to a grand jury and then to the Circuit Court for trial.
Where a case is filed is not always obvious.
For grand larceny and embezzlement, Virginia allows prosecution in the locality where the alleged victim lives, not only where the property was taken. Retail theft charges may combine incidents from several jurisdictions.
A charge that began at a store in Short Pump could end up in Chesterfield, or a theft alleged in Colonial Heights could be prosecuted in Petersburg. Knowing which court, which prosecutor’s office, and which local practices apply shapes the strategy from the first day.
How We Defend Theft and Burglary Charges
Every case starts with a close look at what the Commonwealth can actually prove.
The strongest defenses usually involve one or more of these issues:
- Intent. Larceny requires an intent to permanently deprive the owner of the property. Forgetting to pay, taking something you believed was yours, or borrowing with permission are not theft.
- Value. Retail price, resale value, and replacement cost are not the same thing. Pushing the value below $1,000 can turn a felony into a misdemeanor.
- Identity. Store surveillance footage is often grainy, partial, or open to interpretation. Eyewitness identification is frequently less reliable than it seems.
The entry. Burglary requires a “breaking” and a specific intent at the moment of entry. Walking through an open door with permission, or forming an intent only after entering, can change the charge entirely. - Knowledge. In receiving stolen property cases, the Commonwealth must prove you knew the property was stolen.
- The investigation. Statements taken without proper warnings, unlawful searches of your car or home, and improper detentions by store security can all lead to suppressed evidence.
When the evidence is strong, we focus on outcomes that protect your record. Virginia’s deferred disposition statute, § 19.2-298.02, allows a court to defer a case and later dismiss it or reduce it when the defendant meets agreed conditions, such as restitution or community service.
Depending on the outcome, a dismissed charge may also be eligible for expungement.
Why Choose Peters Law Firm for a Theft Charge
Theft cases often come down to small details like a timestamp on store video, a receipt, or a valuation that does not hold up. At Peters Law Firm, your case is reviewed by a team rather than a single attorney, so those details are less likely to slip through.
Rebecca Peters founded the firm on the idea that every client’s situation deserves its own strategy, not just a standard plea offer. That idea alone shapes how the firm approaches every theft and burglary case, from a first time shoplifting charge to a felony break-in. Rebecca is joined by Gabrielle Sandoval, Esquire, speaks Spanish and works directly with Spanish-speaking clients and their families.
Questions do not sit unanswered here. We respond to every client within 24 hours.
Frequently Asked Questions About Theft Charges in Virginia
Retailers often hand the case to police after the fact, and a summons or warrant can follow days or weeks later. Do not contact the store to apologize or explain, and do not sign any civil demand letter admitting fault before speaking with a lawyer.
Not automatically. After a charge is filed, the store no longer controls the case. The Commonwealth’s Attorney does. Restitution can still matter a great deal in negotiations and is often a condition of a deferred disposition, but it should be handled through your attorney.
No. Virginia repealed its third-offense larceny enhancement, former § 18.2-104, effective July 1, 2021. Prior convictions can still affect sentencing, but a third petit larceny is no longer automatically a felony. Many older websites still describe the repealed rule.
Yes. Burglary focuses on the unlawful entry and the intent at the time of entry. Whether anything was actually taken can still matter to the defense and to sentencing.
Peters Law Firm regularly represents clients charged throughout the Richmond area and beyond. We can handle your case wherever it is filed in our service area.
Contact Peters Law Firm Today
One decision should not define your future.
From our Glen Allen office, Peters Law Firm defends clients charged with theft and burglary across Henrico, Richmond, Chesterfield, and Hanover, south through the Tri-Cities region of Petersburg, Hopewell, and Colonial Heights, and into Prince George, Dinwiddie, Brunswick, Greensville, and Sussex.
Call (804) 572-8265 or send us a message through our contact form, and we will review your options with you in confidence.
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