Theft

• Petit Larceny: This misdemeanor charge applies to the theft of goods or services valued at less than $1,000.
• Grand Larceny: This felony charge applies to the theft of goods or services valued at $1,000 or more.
• Embezzlement: This charge involves the misappropriation of funds or property entrusted to an individual’s care, usually through one’s employment.
• Shoplifting: This specific type of larceny involves the theft of merchandise from a retail establishment.
• Receiving Stolen Property: This charge pertains to knowingly possessing or receiving stolen goods.
• Identity Theft: This involves the unauthorized use of another person’s personal information for financial gain.

Penalties vary depending on the specific charge and the value of the stolen property.

• Petit Larceny: Up to 12 months in jail and/or a fine of up to $2,500.
• Grand Larceny: 1 to 20 years in prison.
• Embezzlement: Penalties vary depending on the value of the stolen funds or property.
• Shoplifting: Penalties vary depending on the value of the stolen merchandise and prior offenses.
• Receiving Stolen Property: Penalties vary depending on the value of the stolen goods.
• Identity Theft: Up to 20 years in prison.

While there is no specific statute that covers diversion in Virginia Theft cases, In Virginia, the primary statute that covers diversion is Virginia Code § 19.2-298.02. This code section provides for a deferred disposition in criminal cases. This law, enacted in 2020, allows a trial court to defer a disposition in criminal cases when both the Commonwealth and the defense agree.

The deferral of disposition may be conditioned upon the defendant complying with specific terms and conditions, such as probation, community service, restitution, or counseling.

Successful completion: If the defendant successfully completes the terms and conditions of the deferral, the charges will be dismissed.

In any theft case, the Commonwealth’s Attorney must prove the following elements beyond a reasonable doubt:

The taking and carrying away of property: The accused must have physically taken possession of the property and moved it from its original location.
The property belonged to another: The property must have been owned or possessed by someone other than the accused.

The intent to permanently deprive the owner of the property: The accused must have intended to keep the property for themselves or permanently deprive the owner of its use or possession.