While it is not always thought of in the same context as robbery, burglary, and other more “serious” theft offenses, shoplifting is still considered a serious crime in Virginia. Depending on the circumstances, it can be prosecuted harshly by state authorities. Even if you have never faced any sort of criminal accusation or charge before, a single conviction for shoplifting could lead to you facing long-lasting sanctions that may have permanent negative effects on your life.
Fortunately, help is available from seasoned theft defense attorneys who know how to handle cases just like yours in the most professional way possible. By hiring a Loudoun County shoplifting lawyer, you could enforce your rights, build the strongest defense possible, and have better chances of ultimately securing a positive result.
Shoplifting is defined under Code of Virginia § 18.2-103 as willfully taking possession of, concealing, or altering price tags or markings on any product in a business establishment, with the effect of depriving the product’s owner of its financial value. Notably, intent is a crucial component of shoplifting under this definition. If the prosecution cannot prove that a defendant knowingly and intentionally tried to take property from a store without paying for it, they should not be convicted of shoplifting.
However, anyone found to have willfully concealed any retail merchandise on their person while on store property can be convicted of shoplifting even if they did not leave the premises with that property, since the act of concealment itself is considered prima facie evidence of intent of shoplifting.
Additionally, as a Loudoun County shoplifting attorney could explain, someone who aids, abets, or advises anyone else in shoplifting can be prosecuted under the law, even if they had no direct physical involvement in the act itself.
Much like standard theft offenses, shoplifting can be classified and prosecuted as either petit larceny or grand larceny depending on the total value of goods allegedly taken. If someone is accused of shoplifting between $5 and $1,000 worth of merchandise, their offense would be categorized as petit larceny, a class 1 misdemeanor under VA Code § 18.2-96 for which a conviction could be punished by 12 months maximum of jail time plus a $2,500 maximum fine.
If the total value of goods allegedly taken exceeds $1,000, or if any of the goods taken is a firearm, the offense becomes grand larceny and is therefore considered a felony. As per VA Code § 18.2-95, a conviction here could result in a prison sentence of between one and 20 years, or—at the court’s discretion—the same penalties as those associated with a class 1 misdemeanor offense. A shoplifting lawyer in Loudoun County could go into further detail about possible consequences of a conviction during a private consultation.
No matter your past record or future plans, a shoplifting charge can wreak havoc on your life. Price Benowitz can represent you against these charges. A conversation with a Loudoun County shoplifting lawyer could provide clarity about your options. Call today to set up a free case evaluation.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.