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Virginia takes shoplifting and related theft offenses seriously, and VA Code 18.2-103 is the law that governs such crimes. If you or someone you know is facing charges under this statute, understanding its details and potential consequences is critical. In this article, we’ll break down the key aspects of the law and answer common questions about shoplifting in Virginia.

1. What Is VA Code 18.2-103?

VA Code 18.2-103 specifically addresses the theft or concealment of merchandise with the intent to steal from a retail establishment. The law applies when an individual does any of the following:

• Willfully conceals merchandise while inside a store.
• Alters or removes price tags to avoid paying the correct price.
• Transfers goods from one container to another to avoid full payment.
• Assists someone else in committing these acts.

The intent to defraud is a critical element; mere possession or accidental concealment is not enough to be convicted.

2. Is Shoplifting a Misdemeanor or Felony in Virginia?

The classification of shoplifting under VA Code § 18.2-103 depends on the value of the stolen merchandise:

• Misdemeanor Shoplifting: If the value of the goods is less than $1,000, the offense is classified as petit larceny, a Class 1 misdemeanor. Penalties may include:

  • Up to 12 months in jail.
  • A fine of up to $2,500.

• Felony Shoplifting: If the value of the goods is $1,000 or more, it is considered grand larceny, a felony. Penalties may include:

  • Up to 20 years in prison.
  • A fine of up to $2,500.

3. How Does Virginia Prove Intent to Steal?

Intent is a key element in shoplifting cases. The prosecution may present evidence such as:

• Witness testimony from store employees or security personnel.
• Surveillance footage showing the concealment or price tag alteration.
• Statements made by the accused at the time of the incident.

If the prosecution cannot prove intent beyond a reasonable doubt, the charges may be dismissed or reduced.

4. Can You Be Charged with Shoplifting After Leaving the Store?

Yes. Under VA Code § 18.2-103, shoplifting charges can be brought even after the suspect has left the premises. This often occurs when surveillance footage is reviewed, or loss prevention officers discover missing items.

5. What Are the Civil Penalties for Shoplifting in Virginia?

In addition to criminal charges, retailers may pursue civil penalties against individuals accused of shoplifting. Virginia law allows businesses to seek:

• Actual damages, such as the value of the stolen merchandise.
• Additional penalties of up to $350.

Paying these civil penalties does not absolve you of criminal liability.

6. What Are Common Defenses Against VA Code 18.2-103 Charges?

If you’re charged with shoplifting, an experienced attorney can build a defense based on the specifics of your case. Common defenses include:

• Lack of Intent: Arguing that the concealment or price tag alteration was accidental.
• Mistaken Identity: Proving that the wrong person was accused, often using alibis or surveillance footage.
• Insufficient Evidence: Challenging the prosecution’s evidence to create reasonable doubt.

7. Why Is It Important to Hire a Criminal Defense Attorney?

Shoplifting charges under VA Code § 18.2-103 can have lasting consequences, including a permanent criminal record. A skilled attorney can:

• Negotiate with prosecutors to reduce or dismiss charges.
• Advocate for alternative sentencing, such as community service or diversion programs.
• Protect your rights throughout the legal process.

8. How Can a Conviction Impact Your Future?

A conviction for shoplifting can affect your life in several ways:

• Difficulty finding employment due to a criminal record.
• Challenges in obtaining professional licenses.
• Damage to your personal reputation.

Taking immediate legal action is essential to minimize these impacts.

Conclusion

Facing charges under VA Code 18.2-103 can be intimidating, but understanding the law and your rights is the first step toward building a strong defense. If you’ve been accused of shoplifting, consulting with a knowledgeable criminal defense attorney is crucial.