Under Virginia law, shoplifting involves intentionally taking, concealing, or altering merchandise without the merchant’s consent and with the intent to avoid paying for it. The law treats shoplifting as a form of larceny. Virginia divides larceny into petit and grand larceny based on the value of the stolen items. If the merchandise is valued under $1,000, the offense is considered petit (petty) larceny, which is a misdemeanor. If the value is $1,000 or more, the offense qualifies as grand larceny, a felony. Altering price tags and using devices to bypass theft detection systems also fall under Virginia shoplifting laws and carry additional penalties.
Penalties for Shoplifting in Virginia
The penalties for shoplifting in Virginia depend on the value of the stolen merchandise. For items worth less than $1,000, offenders face a Class 1 misdemeanor charge, punishable by up to 12 months in jail and $2,500 in fines. For grand larceny charges involving merchandise valued at $1,000 or more, possible penalties include one to 20 years in prison and $2,500 in fines. Additional penalties apply to people caught using tools designed to prevent detection, such as laminated bags.
Civil penalties that require convicted offenders to compensate merchants for their losses can also apply. For instance, a convicted person could be ordered to pay the merchant up to two times the retail value of the stolen items or $50, whichever is greater. However, if the recovered merchandise is still sellable, the maximum penalty is $350. Convicted shoplifters might also have to pay up to $150 toward the merchant’s legal fees.
Other Long-Term Consequences of a Shoplifting Conviction
A shoplifting conviction in Virginia can carry consequences that extend beyond legal and administrative penalties. A conviction creates a criminal record, which can appear on background checks and limit career, housing, and financial opportunities. Licensed professionals, such as nurses or teachers, can face disciplinary action, including suspension or loss of license. Non-citizens could suffer immigration consequences, such as difficulty renewing visas or facing deportation. Colleges might also deny admission or revoke scholarships due to a criminal record. In addition to legal and professional impacts, a shoplifting conviction can harm personal relationships and reputations.
Defense Strategies for Shoplifting Charges
A skilled defense lawyer can analyze the evidence, assess your specific circumstances, and craft a defense strategy to protect you from the harsh consequences of a shoplifting conviction. Below are some examples of common defense strategies attorneys use in shoplifting cases:
- Lack of Intent: Intent is crucial in shoplifting cases. Your lawyer could argue that you had no intention to steal. For example, perhaps you accidentally left the store with an unpaid item in your possession. If the defense can show that the act was unintentional and not an effort to shoplift, the court could dismiss or reduce the charges.
- Mistaken Identity: A lawyer could use mistaken identity as a defense if someone falsely accuses you of shoplifting. People can get confused in busy shopping environments. If the merchant lacks clear surveillance footage or relies on questionable witness accounts, the defense could argue that the wrong person was identified.
- Illegal Search or Seizure: If store employees or law enforcement obtained evidence through illegal means, the court might exclude that evidence. For example, a lawyer could argue that the store’s security personnel detained you without proper cause or conducted a search that violated your constitutional rights. Without key evidence, the prosecution might struggle to prove its case against you.
- Ownership Disputes: The defense could also challenge the ownership of the allegedly stolen items. This could be a valid defense if you believed the items were yours or that you had permission to take them. A lawyer can present evidence, such as receipts, communication with store staff, or testimony, to support your claim.
Contact a Fairfax Defense Lawyer Now
If you face shoplifting charges in Fairfax, Virginia, protect your future now by speaking with a skilled legal team. The attorneys at Surovell Isaacs & Levy PLC have years of experience defending our clients against all types of criminal charges. We can discuss your situation, explain your options, and develop a strong defense strategy. Contact us today to get started with your confidential initial consultation.
Posted in: Criminal Law