Shoplifting: Charges, Penalties and Defenses in Virginia

If you have been arrested for shoplifting in Virginia, it is important to know what is at stake in your case. It is also important to know what defenses you have available. Shoplifting can be prosecuted as either a misdemeanor or a felony, depending on the circumstances, and while there are several potential defenses to shoplifting charges in Virginia, individuals facing these charges must assert the right defenses based on the circumstances at hand. Learn more from an experienced Woodbridge shoplifting lawyer.

Understanding Your Shoplifting Charge in Virginia

The crime of shoplifting is defined in Section 18.2-103 of the Code of Virginia. Section 18.2-103 allows for the prosecution of anyone who:

“[W]ith the intention of converting goods or merchandise to his own or another’s use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts.”

While shoplifting might seem like a fairly straightforward offense, there is a lot to unpack here. To secure a shoplifting conviction, prosecutors must be able to prove each individual element of the crime as specified in Section 18.2-103. This means that prosecutors must be able to prove that a defendant:

Intended to convert (steal) goods or merchandise; or,
Intended to defraud the owner of the value of goods or merchandise.

It also means that prosecutors must be able to prove that a defendant:

Willfully concealed or took goods or merchandise from a business;
Altered a price tag or price marking;
Transferred goods from one piece of packaging to another; or,
Assisted with the commission of any of these acts.

If prosecutors cannot prove each of the elements of shoplifting—including a defendant’s intent—then a shoplifting conviction is unwarranted. As discussed below, challenging the sufficiency of the prosecution’s evidence will be a key defense strategy in many cases.

Penalties for Shoplifting in Virginia

In Virginia, the penalties for shoplifting are determined by the value of the goods or merchandise involved. Section 18.2-103 specifies that:

Shoplifting involving goods or merchandise worth less than $1,000 constitutes petit larceny; and,
Shoplifting involving goods or merchandise worth $1,000 or more constitutes grand larceny.

Under Section 18.2-96 of the Code of Virginia, petit larceny is a Class 1 misdemeanor. Class 1 misdemeanors carry a maximum of 12 months in jail and a $2,500 fine. Under Section 18.2-95, grand larceny carries a maximum prison sentence of 20 years, though judges have the discretion to impose a sentence of up to 12 months in jail and a $2,500 fine.

Potential Defenses to Shoplifting in Virginia

Due to the penalties that are at stake, if you are facing a shoplifting charge in Virginia, you need to defend yourself by all means available. The defenses you have available will depend on the specific circumstances of your case, and you will need to consult with an experienced Woodbridge shoplifting lawyer to find out what defenses you can assert based on the facts at hand.

With this in mind, some examples of potential defenses to shoplifting charges in Virginia include:

Insufficient Evidence of Intent

In all cases, shoplifting charges require evidence of intent. If prosecutors cannot prove that you intended to steal or defraud, then you do not deserve to face the consequences of a shoplifting conviction. While prosecutors can use various forms of evidence to prove intent (including evidence that you concealed goods or merchandise while in a store), there are various ways to raise questions about the prosecution’s ability to prove your state of mind as well.

False Accusations

If you have been falsely accused of shoplifting, this is another scenario where a conviction is clearly unwarranted. Unfortunately, false accusations are not uncommon. The simple fact that it looked like you were shoplifting (or were thinking about shoplifting) does not mean that you are a criminal; and, if prosecutors cannot prove that you broke the law, then you are entitled to have your shoplifting charge dismissed.

Inadmissible Evidence of Guilt

Even if prosecutors have the evidence they need to secure a conviction, you may still be able to fight your shoplifting charge by keeping the prosecution’s evidence out of court. If prosecutors’ evidence is constitutionally inadmissible, your lawyer can fight to have it suppressed from your trial. For example, if the police illegally stopped you or searched your home, your lawyer may be able to use this to challenge the admissibility of the prosecution’s evidence and seek a pre-trial dismissal.

Alternatives to Defending Against Your Shoplifting Charge in Court

Importantly, if you are facing a shoplifting charge in Virginia, defending against your charge in court might not be your only option. Depending on the circumstances of your case, you could also have the following options:

Pre-Trial Diversion – Pre-trial diversion is an option for most first-time offenders. If the circumstances of your case are such that you are likely to face a conviction if you go to trial, then pursuing pre-trial diversion could be your best option.
Plea Bargaining – Plea bargaining is generally an option in shoplifting cases as well. If pursuing pre-trial diversion is not an option in your case, your lawyer can help you decide whether you should seek a plea bargain instead of fighting your charge in court.

Schedule a Free Consultation with a Woodbridge Shoplifting Lawyer at Stevens Caruso

Do you need to know more about your options for seeking to avoid a shoplifting conviction in Virginia? If so, our lawyers can help, but it is important that you contact us promptly. To schedule a free consultation with an experienced Woodbridge shoplifting lawyer at Stevens Caruso, call 703-897-1777 or tell us how we can reach you online now.