Shoplifting in Virginia

What is Shoplifting in Virginia?

Shoplifting in Virginia involves taking items from a retail store without paying for them. Commonly, such actions are charged as petit or grand larceny (depending on the value of the goods). Shoplifting occurs when someone:

• Takes possession of merchandise of a retail store,
• Hides merchandise,
• Changes the price tag of an item,
• Transfers a product from one package to another, or
• Helps anyone else doing any of the above.

Statute for Shoplifting in Virginia: § 18.2-103

Va. Code § 18.2-103 reads:

Whoever, without authority, with 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, when the value of the goods or merchandise involved in the offense is less than $1,000, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $1,000 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

What are the Penalities for Shoplifting in Virginia?

Shoplifting in Virginia is considered a serious crime. Depending on the value of the goods, it can be charged as a misdemeanor or a felony. When the value of the goods is less than $1,000, shoplifting is considered petit larceny and is charged as a Class 1 Misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500. When the value of the goods is $1,000 or more, shoplifting is considered grand larceny and is charged as a Felony, punishable by 1 to 20 years in prison and/or a fine of up to $2,500. Both misdemeanor and felony convictions can have lasting impacts on your employment, reputation, immigration status, and more.

Common Defenses to Shoplifting in Virginia

Some common defenses to shoplifting in Virginia include:

• Lack of intent: if the defendant did not intend to steal the items, but rather accidentally forgot to pay or was unaware of the item in their possession, this could be a strong defense. For example, if a person simply forgot to pay for an item in their cart, it could be argued that there was no criminal intent.
• Mistaken identity: if the defendant was not the person seen committing the shoplifting, or there was a mistake in identifying them, this could be a defense.
• Insufficient evidence: if the prosecution doesn’t have enough evidence, such as video footage, eyewitness testimony, or physical evidence linking the defendant to the theft, a defense lawyer may argue that the charges should be dropped.

How Our Criminal Defense Attorneys Can Help You

If you have been charged with shoplifting, you should consider consulting with an attorney immediately to evaluate the facts of your case. Our attorneys have experience with these types of cases and regularly help clients in courts throughout Northern Virginia including Alexandria, Arlington, Fairfax, Loudoun, and Prince William Counties. Contact us today for a free consultation to talk through potential defenses and discuss the specific facts of your case.