Third or Greater Misdemeanor Larceny Conviction

If a person is charged with a third misdemeanor larceny offense (petit larceny or misdemeanor concealment) having been convicted twice or more of any other larceny offense, then the new offense is considered a Class 6 felony, rather than a misdemeanor, punishable by up to 5 years in jail. This means that if a person has two previous larceny convictions, any new larceny, even shoplifting a piece of candy, can be treated as a felony offense.

ยง 18.2-104. Punishment for conviction of misdemeanor larceny.
When a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny under any provision of the Code, and it is alleged in the warrant, indictment or information on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before convicted in the Commonwealth of Virginia or in another jurisdiction for any offense of larceny or any offense deemed or punishable as larceny, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies or a combination thereof, he shall be confined in jail not less than thirty days nor more than twelve months; and for a third, or any subsequent offense, he shall be guilty of a Class 6 felony.