Shoplifting is a common yet serious offense in Virginia, governed by va code 18.2-103. This statute outlines the various acts considered shoplifting, including concealing merchandise, altering price tags, or transferring goods from one container to another with the intent to defraud. If you’re facing charges under this law, understanding its implications and penalties is essential.


Definition of Shoplifting Under §18.2-103

va code 18.2-103 covers several specific actions that constitute shoplifting:

  1. Concealing Merchandise: Hiding items with the intent to take them without payment.

  2. Altering Price Tags: Changing or switching price tags to pay less than the actual value.

  3. Transferring Goods: Moving items from one container to another to avoid paying the full price.

  4. Assisting Others: Helping someone else commit any of the above actions.

Intent to defraud is a critical element of this crime, meaning the prosecution must prove you acted deliberately to avoid payment.

Penalties for Violating §18.2-103

The penalties for shoplifting in Virginia depend on the value of the stolen goods:

  1. Petit Larceny: If the value of the merchandise is less than $1,000, the offense is a Class 1 misdemeanor. Penalties include:

    • Up to 12 months in jail

    • A fine of up to $2,500

  2. Grand Larceny: If the value of the merchandise is $1,000 or more, the offense becomes a felony. Penalties include:

    • 1 to 20 years in prison (though the court may impose a lesser sentence)

    • Potential fines

Additionally, a conviction may lead to a permanent criminal record, which can affect employment and housing opportunities.

Legal Defenses Against Shoplifting Charges

If charged with shoplifting, you may have viable defenses, such as:

  1. Lack of Intent: Arguing that there was no deliberate attempt to defraud.

  2. Mistaken Identity: Demonstrating that you were falsely accused or misidentified.

  3. Lack of Evidence: Challenging the prosecution’s ability to prove you committed the offense beyond a reasonable doubt.

Conclusion

A shoplifting charge under va code 18.2-103 is not something to take lightly. Whether it’s a misdemeanor or felony, the consequences can be life-changing. If you’re facing these charges, consulting an experienced criminal defense attorney can help protect your rights and achieve the best possible outcome.