In Virginia, shoplifting is when someone takes items from a store without paying for them. Depending on the value of the stolen merchandise, shoplifting can result in a misdemeanor or a felony charge. The consequences of a conviction range from hefty fines and jail time to a permanent criminal record.
Navigating the legal process after being accused of shoplifting can be overwhelming and confusing. Knowing how shoplifting is prosecuted in Virginia and what to do during the process is crucial. If you're facing shoplifting charges, seeking the advice of a criminal defense attorney can make a difference. A lawyer can explain your rights, evaluate your case, and work to reduce the impact of the charges.
If you face shoplifting charges in Fredericksburg, schedule a consultation with Cornick Ndlovu, PLC, by calling (540) 386-0204 or contacting us online.
What Is Shoplifting in Virginia?
Code of Virginia § 18.2-103 defines shoplifting as taking merchandise from a store without paying for it or attempting to avoid paying the full price.
This conduct can include several actions, such as:
- Concealing or taking possession of an item: Hiding an item in a bag, pocket, or another location to steal it.
- Altering the price tag or transferring items: Changing the price on an item or moving it to another container to pay less.
- Assisting someone else in committing these acts: Helping another person steal, even if you aren’t physically taking the merchandise.
These actions can lead to serious criminal charges, individually or in conjunction with others. Shoplifting penalties depend on the item’s value.
If the value of the stolen items is less than $1,000, the charge is petit larceny, a Class 1 misdemeanor. Conviction may result in a sentence of up to 12 months in jail and/or a fine of up to $2,500.
If the value of the stolen goods is $1,000 or more, the charge is considered grand larceny, which can lead to more severe consequences. Depending on the circumstances, you could face one to 20 years in prison or up to 12 months in jail, with a fine of up to $2,500.
Shoplifting is distinct from other theft crimes. Unlike burglary or robbery, which involve entering a building or using force, shoplifting specifically relates to taking items from a retail store without paying.
The Prosecution Process for Shoplifting
Understanding how the legal process works can help ease some uncertainty if you are accused of shoplifting in Virginia. Prosecuting shoplifting cases involves several key stages, from the moment of arrest to the potential trial.
If facing shoplifting charges, you can expect the following:
- Investigation by law enforcement: Law enforcement will conduct a thorough investigation, which includes gathering evidence like store surveillance footage, witness statements, and items that were allegedly stolen. This evidence is used to build the case against you, which is then presented to the prosecutor.
- Arraignment and preliminary hearing: During the arraignment, you will be informed of the charges against you and advised of your right to legal representation.
- Pre-trial activities: Various pre-trial motions, such as dismissing charges or suppressing evidence, may happen before the trial. The defense attorney may also negotiate with the prosecution for a plea deal, where you agree to plead guilty in exchange for a lighter sentence or reduced charges.
- Trial: If the case is not resolved through a plea deal, it will go to trial. The prosecution and defense will present their arguments and evidence during the trial. A judge or jury will determine guilt based on the facts presented.
What to Do If You Are Accused of Shoplifting
Being accused of shoplifting can be a stressful and unsettling experience. However, how you respond in the moments following the accusation can impact your case. Staying calm and taking strategic steps to protect your rights is essential.
Actions you can take if you face shoplifting charges include:
- Remain calm and respectful: Avoid escalating the situation or engaging in arguments. Respectfully cooperating with the authorities can help avoid additional complications.
- Do not admit guilt: It can be tempting to explain yourself or apologize, especially if the situation feels like a misunderstanding. However, avoid admitting guilt or making (and/or signing) statements without legal representation. Anything you say could be used against you later, even if you didn’t intend for it to.
- Contact a defense attorney: The next crucial step is to contact a lawyer with experience handling shoplifting and other criminal cases.
Facing shoplifting charges doesn’t mean your future is set in stone. With competent legal support, fighting the charges or seeking to reduce the potential consequences may be possible.
If you’re in Fredericksburg and need assistance, please contact Cornick Ndlovu, PLC at (540) 386-0204 for a consultation. We can discuss your legal options.