Shoplifting Va Code 18.2-103

Shoplifting is undoubtedly one of the most common types of theft offenses. Shoplifting could be anything from hiding a packet of cookies in your purse to altering the price tags on the items you have picked in a store to make their total cost cheaper at the register. Generally speaking, shoplifting is a form of larceny that could lead to felony or misdemeanor charges after an arrest.

After conviction, the penalties you will face for a shoplifting charge could be life-changing. In addition to the lengthy jail terms and significant fines, a shoplifting charge will result in a permanent criminal record, which can result in several long-term consequences, including employment challenges.

At Virginia Criminal Attorney, we would be glad to walk you through every stage of the process and offer the legal representation you need to increase your chances of securing a favorable outcome, wherever you are in Fairfax.

Shoplifting at a Glance Under Virginia (Va) Code 18.2-103

Shoplifting is a type of larceny, which is the fraudulent or wrongful taking of another person’s goods or items without his/her consent with the criminal intent of depriving him/her of the items. Specifically, Va. Code 18.2-103 defines the crime of shoplifting.

According to this law, you commit a shoplifting offense when you willfully conceal or take possession of merchandise or goods from a store without settling the total purchase price. When considering or talking about shoplifting, the typical conceal-and-leave operation comes to many people’s minds. However, Va Code 18.2-103 defines this offense more broadly, covering various acts such as:

• Swapping price tags on merchandise to make it appear like the item is cheaper
• Aiding, counseling, or abetting someone to swap price tags or conceal an item in a store
• Transferring items from one container to the other with the intent of depriving the owner of their total value

Under these circumstances, the prosecutor could file shoplifting charges against you before leaving the store. The severity of your charges will depend on the value of the goods involved. If the value of the items in question is less than $1,000, the prosecutor will file your charge as a petit larceny, a Class 1 misdemeanor.

However, if the value of the items is more than $1,000, the prosecutor will file the violation as a grand theft, an unclassified felony.

Elements the Court Requires the Prosecutor to Prove to Secure a Shoplifting Conviction Against You

To secure a shoplifting conviction against you under Va. Code 18.2-103, the prosecutor must prove specific facts at trial. These facts form the legal foundation of any shoplifting case, necessitating careful assessment and substantial evidence. Here is an overview of these elements:

1. You Had the Intent to Deprive the Owner of

   His/Her Merchandise Permanently

Whether or not you intended to deprive the owner of their goods is the fundamental question in any shoplifting case. For the court to convict you of shoplifting, the prosecutor must provide evidence to prove that you had the criminal intent to deprive the store owner of his/her merchandise. The prosecutor must prove that you acted willfully, meaning your act was not a mere confusion or oversight.

To prove you had the intent to deprive the store owner of his/her items permanently, the prosecutor can argue that:

• You transferred the goods in question between containers
• You altered the goods’ price tags
• You willfully concealed the items in question while still on the store’s premises
• You assisted another person in performing any of these acts

2. You Willfully and Intentionally Hid or Concealed

   The Items of the Store or Trading Establishment

Willfully and intentionally concealing or hiding items or merchandise within a store or trading establishment is enough for a criminal charge under Va. Code 18.2-103, even if you have not left the premises. Conversely, taking possession means you walked out with the store’s items without paying for them.

To prove that you intentionally hid or concealed the items of the store or trading establishment, the prosecutor can argue that:

• You altered the item’s price markings
• You moved the items between containers
• You gained possession of the items, meaning you walked out with them

The Item’s Value

As mentioned in the previous sentence, the value of the items in question will influence the severity of your shoplifting case. When the prosecutor files your offense as a grand larceny, he/she must have clear evidence to prove that the value of the property in question is $1,000 or higher. Some of the factors the prosecutor considers when determining the value of the items include:

• The market value of the merchandise in question
• The condition of the merchandise in question compared to the replacement merchandise
• The original purchase cost and depreciation of the merchandise

The prosecutor must prove the value of the items involved beyond a reasonable doubt at trial because that will determine whether your offense qualifies as grand theft or petit larceny.

Generally speaking, shoplifting is a complex offense due to the multiple ways you can commit it. Having a defense attorney to advise you of the intricacies and the ins and outs of the prosecution process is crucial during these difficult times. The court’s decision at trial is final, meaning adequate preparation for this hearing is critical.

A credible and seasoned defense attorney will know the defense arguments that can create loopholes in the prosecutor’s shoplifting case against you during this court proceeding to secure the best possible verdict.

Ensure you contact an attorney soon after an arrest while the evidence is fresh in the eyewitnesses’ memories. Once you contact your attorney, he/she will immediately begin investigating and preparing suitable legal defenses to challenge the allegations you are facing for the best possible outcome.

Steps in Building Suitable Legal Defenses to a Shoplifting Charge

Crafting appropriate and viable legal defense arguments to a shoplifting charge under Va. Code 18.2-103 requires thorough evidence analysis and extreme attention to detail. That is where a criminal defense attorney’s valuable and professional services become paramount.

A defense attorney’s primary role in your case involves gathering and compiling various evidence that can help weaken the prosecutor’s case against you. Even if you believe that the allegations you are up against are true, when your case reaches the hands of the prosecutor, your evidence is necessary to secure a dismissal of the charge or a lighter charge.

Here is a step-by-step guide on preparing suitable defenses to challenge the shoplifting charges you are facing:

Crucial Evidence Collection

To challenge a shoplifting charge, a proper investigation of your case by an attorney is key. Your defense attorney will investigate your unique case and gather evidence that can help make robust defense arguments. Some of the crucial evidence your defense attorney will collect includes:

• Forensic analysis results
• Store security reports
• Forensic analysis results
• Physical evidence like fingerprints
• Price tag information
• Documentary communications and records
• Chain of custody reports
• Eyewitness testimonies

Your defense attorney will examine this evidence keenly to determine which will work best on your case. During this process, your attorney will focus on any inconsistencies that could help create a reasonable doubt about the prosecutor’s case against you.

Surveillance Video Footage Analysis

Most retail establishments and stores rely on surveillance systems that could significantly influence your shoplifting case. However, these surveillance cameras effectively prevent crimes if personnel actively monitor them. Your defense attorney will analyze the surveillance footage available to pinpoint any possible weakness in the prosecutor’s shoplifting case against you.

The security personnel monitoring these cameras often experience tiredness, which could lead to missed crucial indicators. Hence, your attorneys’ defense strategies will likely involve scrutinizing the following:

• Store or business establishment visibility
• The clarity and quality of surveillance footage
• Time stamps and continuity
• Employee movements and positioning
• Camera blind spots and angles

Eyewitness Testimony Considerations

Eyewitness testimonies play a crucial role in most criminal cases, including shoplifting. However, your attorney can challenge these testimonies on various grounds. For example, your defense attorney could challenge the eyewitness’s credibility based on the following grounds:

• Poor or inadequate lighting conditions
• Limited observation time
• Potential prejudice or bias
• Inconsistent statements
• Distance from the offense location

Undoubtedly, the most effective defenses for most crimes, including shoplifting, combine careful evaluation of evidence with strategic eyewitness examination. Your defense attorney will keenly investigate your shoplifting case to identify key factors and evidence that can help strengthen your case and weaken the prosecutor’s evidence against you for the best possible outcome.

Potential Penalties for a Shoplifting Charge Conviction Under Va. Code 18.2-103

The penalties you will face for a shoplifting charge will depend on the value of the goods or merchandise involved. Here are the penalties to expect after a conviction for grand larceny, shoplifting, and petty larceny, respectively:

Grand Larceny Shoplifting

If your shoplifting offense qualifies as grand larceny, you should expect felony penalties after conviction, including up to twenty (20) years of jail time and/or a fine of up to $2,500. Also, a conviction under this statute will remain on your record, which could affect your employment opportunities and even lead to deportation if you are an alien.

Petit Larceny Shoplifting

The prosecutor will file your shoplifting offense as petit larceny if the value of the involved merchandise is less than $1,000, carrying the following penalties after conviction:

• A jail term of up to one year
• Up to $2,500 maximum fine

In addition to these fines and jail terms, the court could require you to pay restitution to compensate the store owner for the loss. Furthermore, regardless of your conviction, the court could ban you from visiting the business establishment or store.

Even at the sentencing hearing, the presence of an attorney could make a significant difference. With the assistance of your defense attorney, the court could award you a shorter jail time, regardless of whether your conviction is for petit larceny or grand theft larceny.

Legal Defenses That Could Help Challenge a Shoplifting Charge

A skilled defense attorney can apply various legal defenses to challenge a shoplifting charge. Depending on your unique case facts and circumstances, your defense attorney could apply the following legal defenses to secure a dismissal of your shoplifting charge or a lighter charge:

You Did Not Have the Intent to Deprive the Owner of the Items

When your case reaches the trial stage of the criminal justice system, the prosecutor’s primary focus is to prove that you intended to steal or deprive the owner of the items in question. Therefore, if your defense attorney has evidence to prove that you did not have the intent to do so, the court could reduce or drop your charges.

For instance, with clear evidence, your attorney can claim that you were distracted by a phone call and accidentally left the store with the merchandise without paying.

There Was a Misunderstanding About the Goods’ Price

A mistake of fact is a valid legal defense to a shoplifting charge, especially if there was confusion about the item’s pricing. For example, your defense attorney can claim that you reasonably believed you paid for the item in question or that the price displayed was incorrect. If this defense argument is successful, the court will dismiss or reduce your shoplifting charges to a related offense.

You Had the Store Owner’s Consent

If you paid the item’s full price before you left, you can argue that you had the store owner’s permission to take it. That means a receipt of the merchandise or items you purchased would come in handy to help support this legal defense argument and secure a favorable outcome.

The Prosecutor’s Evidence is Insufficient

If the prosecutor lacks sufficient and clear evidence to prove that you intended to deprive the store owner of his/her items, the court will likely dismiss or reduce your shoplifting charges.

You are a Victim of Mistaken Identity

The issue of mistaken identity is also a common issue in shoplifting cases. The store owner or loss prevention officer could mistakenly identify you as the offender in the shoplifting case because you have the same skin color or height as the offender. Your attorney can help prove this defense argument using the available surveillance footage to secure a desirable outcome.

Steps to Take When Someone Accuses You Of Shoplifting

The steps you will take when facing shoplifting accusations can be critical in preparing your defense to increase your odds of securing a favorable outcome. To that end, here is what to do when someone accuses you of shoplifting:

Stay Put and Avoid Fleeing the Store’s Security

Attempting to flee the store’s security guards is a common mistake many make when accused of shoplifting. However, that is not wise because fleeing the store’s security guards is a sign of guilt and could act as strong evidence against you in court. Therefore, cooperating with the store’s security guards is important and would help you create viable legal defenses for your case.

Hire a Criminal Defense Attorney

Since shoplifting is a criminal offense, hiring an attorney soon after someone accuses you of shoplifting is vital. The attorney you choose can help you understand what a shoplifting case means under Va. Code 18.2-103 and help you plan your legal defenses.

The criminal justice system is a multistep process that begins with an arrest, and your attorney’s intervention in your shoplifting case could make you stand a chance of securing a favorable result. For knowledgeable and aggressive legal representation, you should ensure the attorney you choose for your case is:

• Qualified and experienced
• Credible and reputable
• Accessible and available
• Legally licensed

Remain Silent When Questioned by the Store’s Security Guards or the Police

When the police are involved in your shoplifting case, you should be careful and conscious about what you speak or disclose to them because the officers can ensure the prosecutor uses everything you say against you. Even if you believe the allegations you are up against are untrue, arguing or proving your side of the story to the officers will not make any difference.

Therefore, remaining silent is the rule of thumb when you are accused or arrested as a suspect in a shoplifting case.

Make the Necessary Compensation

If the business establishment or store owner asks you to make restitution, you should do so before the prosecutor files charges against you. While this will not necessarily have you forgiven, the store owner will unlikely press charges against you once you provide restitution.

Make Your Court Appearances as Required

If the court allows you to secure your freedom on bail after an arrest as a suspect in a shoplifting case, you should make all your court appearances as required. Securing your freedom on bail does not mean your case is over. Instead, bail acts as security for your pretrial freedom pending the outcome of your shoplifting case, which could take weeks, months, or even years.

When you fail to make your court appearances after posting bail, the court will issue an arrest warrant, authorizing the police to arrest and hold you in custody. Further, failing to make your court appearances could also put the bail you surrendered at risk of forfeiture.

Benefits of Accepting a Plea Bargain When Charged With Shoplifting

Many felony and misdemeanor offenses, like shoplifting, can be resolved through plea bargains. As the defendant is facing a shoplifting charge, it is up to you to decide whether to accept a plea bargain. Because this decision can have a lasting and significant impact on your life, you should never accept a plea offer without seeking legal guidance from a qualified attorney.

To receive a lighter charge, the prosecutor and your attorney will agree during a plea bargain negotiation that you must enter a “guilty” or “no contest” plea to the shoplifting charges. However, the judge has the final say over whether to accept the plea deal, meaning it is not a surefire way to resolve your unique case.

Your defense attorney will assist you in weighing the benefits and drawbacks of accepting a plea deal. Often, the benefits of accepting a plea offer when charged with shoplifting include the following:

• Lighter charges and penalties — If your shoplifting case is a felony (grand larceny), the prosecutor could agree to reduce it to a misdemeanor, resulting in lighter penalties after conviction. On the other hand, even if your attorney has strong evidence, there is no guarantee the judge will dismiss your case or award a lighter sentence at trial
• Reduced costs — Accepting a plea offer could help you save on legal fees and other possible trial-related costs for your case
• You will spend less time on the case—Accepting a plea offer can help speed up the resolution of your shoplifting case
• Certainty of the Case’s Outcome — Accepting a plea bargain gives you certainty of your case’s outcome and the possible penalties you will receive, giving you greater control over your plans and life

It is worth noting that while a plea bargain can reduce your shoplifting charges or penalties, you will still face some penalties. Your sentence will be harsher when you fail to comply with the conditions and requirements of your sentence. Additionally, agreeing to a plea bargain will result in a criminal record like any other offense, which could impact several aspects of your life.

Find a Seasoned Criminal Defense Attorney Near Me

Finding an attorney to help you understand what you are up against and your legal options is important if you face shoplifting charges. A skilled and reputable defense attorney can mount appropriate legal defenses to help you secure a dismissal of your shoplifting case or a lighter sentence if that is impossible.

The credible and profound defense attorneys at Virginia Criminal Attorney can offer you the legal guidance and representation you need if you or a loved one is under investigation, arrest, or charged with a shoplifting offense. We invite you to call us at 703-718-5533 to discuss each detail of your shoplifting case with our credible defense attorneys as soon as possible, wherever you are in Fairfax.