How Prior Theft Convictions Can Impact a New Larceny Case in Virginia
December 22, 2025
Facing a larceny charge in Virginia is daunting enough—but if you have prior theft convictions, the risks increase dramatically. Virginia law does not treat every larceny offense in isolation. Prior convictions can change how prosecutors approach your case, affect the severity of penalties, and shape the way judges and juries perceive your defense.
If you are confronting theft or larceny allegations in Northern Virginia, call 703-596-9566 for immediate assistance to speak with the best criminal defense attorney in Fairfax, VA who understands how to challenge every element of the prosecution’s case.
The Impact of Prior Theft Convictions in Virginia
Virginia no longer imposes an automatic felony “three-strikes” escalation for repeat petit-larceny convictions. The General Assembly repealed Va. Code § 18.2-104 effective July 1 2021, ending the rule that had turned a third misdemeanor larceny into a Class 6 felony. Today:
- Petit larceny—stealing property worth less than $1,000 (or < $5 taken directly from a person)—is a Class 1 misdemeanor for first and subsequent offenses, punishable by up to 12 months in jail and/or a $2,500 fine. Judges may still consider prior theft convictions when deciding a sentence within that range.
- Grand larceny is charged when the property is $1,000 or more, when $5 or more is taken from the person, or when any firearm is stolen, regardless of value. It is an unclassified felony carrying one to twenty years in prison, or, at the court’s discretion, up to 12 months in jail and/or a $2,500 fine.
Although the mandatory felony upgrade is gone, prosecutors still cite an accused’s theft history to argue for stiffer sentences, higher bonds, or less favorable plea terms. A seasoned Virginia criminal-defense lawyer can challenge the use of old convictions, negotiate effectively, and work to minimize both jail exposure and collateral consequences.
Prosecutorial Discretion and Charging Decisions
Prosecutors in Virginia have broad authority to review your entire criminal history. When prior theft convictions appear, they may pursue the case more harshly—even when the new incident involves minor property or alleged shoplifting. Prosecutors may press for stiffer sentences or charge grand larceny if the new property value meets the $1,000 threshold, but priors alone no longer create a felony.
Moreover, prosecutors can use your record as a bargaining chip, pushing for plea deals with steeper consequences. They are also more likely to argue for jail time or prison rather than alternatives such as diversion or probation. When your freedom and reputation are at risk, having a Fairfax criminal attorney who can contest prior convictions, negotiate assertively, and challenge improper charging decisions is vital.
How Prior Convictions Affect Trial Strategy and Evidence
In Virginia, prior theft convictions can sometimes be introduced as evidence at trial if you choose to testify. The prosecution may use your record to attack your credibility, which is especially harmful if the new case involves allegations of theft, dishonesty, or false statements.
A Virginia criminal defense lawyer will assess the risk and benefits of testifying, prepare pretrial motions to exclude prejudicial evidence, and develop a strategy that minimizes the impact of your history. This may include:
- Filing motions in limine to keep certain details away from the jury.
- Presenting mitigating evidence of rehabilitation, employment, or positive community contributions.
- Highlighting remote timing of prior convictions, arguing that they are stale.
It’s not just about arguing the facts of your new case. It’s about crafting a holistic defense that considers your entire record and finds every available legal avenue to reduce exposure.
Sentencing Enhancements and Collateral Consequences
The leap from misdemeanor to felony based on prior convictions brings lasting consequences. A felony theft record in Virginia means loss of civil rights, including voting and firearms privileges. It can also lead to loss of professional licenses, difficulty obtaining housing or employment, and serious immigration consequences for non-citizens. While judges follow the sentencing guidelines approximately 70-80% of the time, there are no guarantees regarding sentencing.
Your Best Defense Starts with a Conversation
No one should face Virginia’s harsh theft laws alone—least of all someone with so much on the line. Rudolphi Law understands how a prior record can tip the scales, but it doesn’t have to decide your fate. Honest answers, strategic planning, and tireless advocacy: that’s what you can expect from your first call. Secure representation from a criminal defense lawyer in Fairfax, VA who knows what’s at stake. Don’t leave your case to chance—connect with us or call 703-596-9566 today.