Henrico County Petit Larceny Defense Attorney
It is "only" a misdemeanor.
That is what most people are told, and it is the reason so many people walk into court without a lawyer.
But a petit larceny conviction is a theft conviction. It shows up on background checks long after any fine is paid, and employers, landlords, and licensing boards tend to read it as a judgment about your honesty. And for a college student, a nurse, or anyone applying for a security clearance, that can matter far more than the sentence itself.
Peters Law Firm, PLLC helps people charged with petit larceny protect their records, not just get through a court date.
Petit Larceny or "Petty" Larceny: What Virginia Law Says
You will see both spellings.
Virginia’s statute uses “petit,” the older legal term, but most people search for “petty” larceny.
They mean the same offense.
Under Va. Code § 18.2-96, petit larceny covers two situations. One is taking property worth less than $1,000 that is not on another person, the second is taking less than $5 directly from someone.
It is a Class 1 misdemeanor, the most serious misdemeanor class in Virginia. This charge comes with a maximum of 12 months in jail and a $2,500 fine.
The $1,000 line is what keeps the charge a misdemeanor. One dollar over, and the same conduct becomes grand larceny, which is a felony.
There is one exception worth knowing here, and that is stealing any firearm is grand larceny no matter what it is worth. And the consequences include a felony charge.
How Petit Larceny Charges Usually Start
Most of the petit larceny cases we see in Virginia fall into a handful of familiar patterns:
- Retail stops. A loss prevention employee watches someone conceal an item, waits until they pass the registers, and stops them. Under § 18.2-103, hiding merchandise while still inside the store can be enough to support the charge, and the store can hold you for up to an hour before police arrive.
- Self-checkout disputes. Missed scans at self-checkout lanes have become a common source of charges, and the difference between a mistake and a theft often comes down to intent.
- Workplace accusations. An employee accused of taking cash from a register or small items from inventory.
- Personal disputes. A breakup, a roommate moving out, or a disagreement over who owns a phone, a game console, or a piece of furniture. These cases often look more like property disputes than crimes.
- Found property. Keeping a wallet or phone you found, without trying to return it, can be charged as larceny in some circumstances.
Retail cases are especially common along the region’s busiest shopping corridors, from Short Pump Town Center and the West Broad Street retail strip in Henrico to Chesterfield Towne Center and Southpark Mall in Colonial Heights.
Where the stop happened decides which General District Court hears your case and which prosecutor’s office handles it.
Petit Larceny or "Petty" Larceny: What Virginia Law Says
You will see both spellings.
Virginia’s statute uses “petit,” the older legal term, but most people search for “petty” larceny.
They mean the same offense.
Under Va. Code § 18.2-96, petit larceny covers two situations. One is taking property worth less than $1,000 that is not on another person, the second is taking less than $5 directly from someone.
It is a Class 1 misdemeanor, the most serious misdemeanor class in Virginia. This charge comes with a maximum of 12 months in jail and a $2,500 fine.
The $1,000 line is what keeps the charge a misdemeanor. One dollar over, and the same conduct becomes grand larceny, which is a felony.
There is one exception worth knowing here, and that is stealing any firearm is grand larceny no matter what it is worth. And the consequences include a felony charge.
How Petit Larceny Charges Usually Start
Most of the petit larceny cases we see in Virginia fall into a handful of familiar patterns:
- Retail stops. A loss prevention employee watches someone conceal an item, waits until they pass the registers, and stops them. Under § 18.2-103, hiding merchandise while still inside the store can be enough to support the charge, and the store can hold you for up to an hour before police arrive.
- Self-checkout disputes. Missed scans at self-checkout lanes have become a common source of charges, and the difference between a mistake and a theft often comes down to intent.
- Workplace accusations. An employee accused of taking cash from a register or small items from inventory.
- Personal disputes. A breakup, a roommate moving out, or a disagreement over who owns a phone, a game console, or a piece of furniture. These cases often look more like property disputes than crimes.
- Found property. Keeping a wallet or phone you found, without trying to return it, can be charged as larceny in some circumstances.
Retail cases are especially common along the region’s busiest shopping corridors, from Short Pump Town Center and the West Broad Street retail strip in Henrico to Chesterfield Towne Center and Southpark Mall in Colonial Heights.
Where the stop happened decides which General District Court hears your case and which prosecutor’s office handles it.
Why a Misdemeanor Theft Charge Still Matters
The jail exposure on a first petit larceny charge is often limited.
The long-term exposure is not.
A petit larceny conviction can:
- Stay on your criminal record for years, since Virginia does not automatically clear a conviction when your sentence ends
- Be treated as a crime involving dishonesty, which can affect your credibility if you ever testify in court
- Disqualify you from jobs in retail, banking, healthcare, childcare, and government, where theft convictions are screened closely
- Trigger a review by professional licensing boards
- Create problems with student housing, financial aid, or a university’s conduct process
- Complicate immigration matters for anyone who is not a U.S. citizen
A prior larceny conviction will also be part of the picture if you are ever charged again.
Virginia ended its automatic felony upgrade for a third larceny in 2021, but judges and prosecutors can still see your history.
The Letter From the Store Is Not the Same as the Criminal Case
Many people charged with shoplifting receive a letter from the retailer or a collection company demanding payment. This is a civil demand under Va. Code § 8.01-44.4, and it is separate from the criminal charge.
Under that statute, a merchant can seek twice the unpaid retail value of the merchandise, with a minimum of $50.
If the store got the merchandise back in sellable condition, the amount is capped at $350, plus up to $150 in attorney fees and costs. The store cannot file that civil action while the criminal case is still pending.
Paying the demand does not make the criminal charge go away, and the letter itself is not a court order.
Talk to a lawyer before you pay or respond, so that nothing you send can be used against you in the resulting criminal case.
What Happens in Court
Petit larceny is tried in the General District Court for the city or county where the alleged theft happened, usually in front of a judge rather than a jury.
Many cases are resolved at the first or second court date, which is why preparation before that date matters.
If a General District Court judge finds you guilty, Va. Code § 16.1-132 gives you ten days to appeal to the Circuit Court, where the case is heard again from the beginning.
That ten-day window is short, and missing it usually means the conviction stands.
If the person charged is under 18, the case will instead go to the Juvenile and Domestic Relations District Court, where the process and possible outcomes are different for minors.
Building a Defense to a Petit Larceny Charge
Our first question is not “what can we negotiate?” It is “what can the Commonwealth actually prove?”
Depending on the case, that may include:
- Whether you meant to steal. The Commonwealth has to prove you intended to keep the item from its owner for good. Distraction, a missed scan, or a good-faith belief that something was yours can all undercut that element.
- What the video really shows. Loss prevention footage often captures fragments, not the full sequence of events. We review it frame by frame.
- How the stop was handled. Store employees and police both have limits on how long and how they can detain someone. Statements made during a stop may be challenged.
- Whether the property was yours, or borrowed. In personal disputes, ownership is often unclear, and the Commonwealth has to prove it.
When the facts favor resolving the case, the goal is usually a dismissal or reduction rather than a conviction.
Virginia’s deferred disposition law, § 19.2-298.02, lets a court postpone a case and dismiss it if you complete agreed conditions, which may include restitution, community service, or a theft-awareness class.
A dismissed charge may then be eligible for expungement.
Clearing a Petit Larceny Conviction From Your Record
Virginia’s new record sealing law gives people with older petit larceny convictions a path forward.
Under Va. Code § 19.2-392.6, a misdemeanor conviction under § 18.2-96 or § 18.2-103 can be sealed automatically once seven years have passed from the conviction date without a new reportable conviction.
People who do not qualify for automatic sealing may be able to petition the Circuit Court instead under § 19.2-392.12.
Sealing is not the same as never being convicted, and seven years is a long time to carry a theft record.
Avoiding the conviction in the first place is almost always the better outcome.
Why Peters Law Firm
Misdemeanor cases are sometimes treated as volume work.
We do not handle them that way.
A petit larceny case still receives a full review from our team, including a look at the evidence, the court, and what a conviction would mean for your job and future.
Rebecca Peters founded the firm to give people charged with crimes a defense built around their particular lives, and that applies to everyone whether you are dealing with a first-time shoplifting charge or a felony.
Frequently Asked Questions About Petit Larceny in Virginia
You can, but paying the fine usually means accepting a conviction that stays on your record. Speak with a lawyer before your court date about whether a dismissal or reduction is realistic.
Shoplifting is one of the most common forms of petit larceny, but not the only one. Virginia charges shoplifting under § 18.2-103, and it is treated as petit larceny when the merchandise is worth less than $1,000.
Jail is possible because petit larceny is a Class 1 misdemeanor, but outcomes depend on the facts, the court, and your history. Many first-time cases are resolved without active jail time. We cannot promise any result, but we can tell you what is realistic once we review your case.
It can affect negotiations and limits what the store can collect civilly, but recovering the merchandise does not end the criminal case.
In many cases, yes. Failing to appear can lead to a separate charge. In some situations, your attorney may be able to appear for you.
Talk to Peters Law Firm About Your Petit Larceny Charge
A small charge should not leave a lasting mark.
Peters Law Firm represents people charged with petit larceny and shoplifting in Henrico, Chesterfield, Hanover, and Powhatan, south through Colonial Heights and Petersburg, and north into Spotsylvania and Stafford.
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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