In
the last post, we established a basic definition of larceny. In this
post I shall attempt to lay out the different types of misdemeanor
and felony larcenies.
Petit
larceny is larceny shorn of any adornments. If a person has committed
larceny he has, at the very least committed petit larceny. Basically,
petit larceny is the stealing of an item valued at less than $200 or
stealing something directly from a person which is valued at less
than $5. Virginia Code sec. 18.2-96 sets the punishment for this
offense at up to 12 months in jail and up to a $2,500 fine. However,
under 18.2-104 a person convicted of a petit larceny who has
previously been convicted of any crime (felony or misdemeanor) that
is deemed a larceny or is punishable as such faces a punishment
between 30 days to 12 months, although the judge can still suspend
all of that time and allow the defendant to have no actual jail
sentence.
Felony
Petit Larceny (felony by aggregation) - 18.2-104 also sets forth a
rule that if the defendant has previously convicted of 2 crimes
(felony or misdemeanor) that are deemed larcenies or punishable as
such a petit larceny conviction is a felony carrying a maximum of 5
years in prison.
Grand
Larceny (felony by value) - This is the most common form of grand
larceny. Virginia Code sec. 18.2-95 sets out that if a larceny is of
an item worth $200 or more or if the larceny is directly from a
person and the value of the item is $5 or more then the larceny is a
felony and carries a punishment of up to 20 years. Larceny from a
person is rarely charged and would be for things like pickpocketing,
cutpursing, or purse snatching. However, the $200 larceny charge is
seen in every circuit court in Virginia every day court is in
session. Obviously, the pertinent element here is the value of items
stolen. As you might imagine this has been the subject of a good deal
of litigation and all sorts of rules have been developed by the
courts.
Determining
Value:
For
grand larceny the amount of items stolen from one individual at one
discrete and limited period of time can be aggregated to reach $200.
In fact, under the single larceny doctrine, they must be. See
Acey
v. Commonwealth,
29 Va.App 240 (1999), But
See
contra
Scott
v. Commonwealth,
36 Va.App. 276 (2001)(single larceny doctrine does not apply to the
theft of credit cards).
However, there is no authority allowing the aggregation of general
larcenies on different occasions or from different people. As well,
the value of the item stolen cannot be determined by its replacement
cost, although it can be a factor in determining the value. Little
v. Commonwealth,
59 Va.App 725 (2012).
The value of an item can be determined by fair market value though
opinion testimony of the owner, the testimony of an expert or, if
there is no market for that item, it can be done in a more complex
manner by determining value at time purchased and depreciating the
value until the time of theft. Baylor
v. Commonwealth,
55 Va.App 82 (2009).
In cases involving the theft of a car Virginia Code sec. 8.01-419.1
specifically allows value to be determined by recourse to an NADA
book (more popularly known as a “blue book”) and the value
obtained from this book is not considered testimonial. Walker
v. Commonwealth,
281 Va. 227 (2011).
Grand
Larceny (felony by type) - There are various and sundry statutes
declaring the theft of a specific item grand larceny. There are too
many for an easy paragraph here, so this will be covered in separate
posts. However, since I have already discussed 18.2-95 I will use it
as an example. In addition to the monetary value grand larcenies in
18.2-95 there is one specific type of theft listed which does not
require a proof of any value. Under this statute, the stealing of any
firearm is a felony carrying a punishment of up to 20 years.
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