If you’re facing criminal charges in Virginia for shoplifting, jail time can result.

Any criminal charge can inflict unexpected negative consequences on many areas of your life.

If you’re new to the criminal justice system, being charged can feel overwhelming and confusing.

You might want to just plead guilty and get it over with.

However, consulting with an attorney can help you gain a more thorough understanding of the situation.

Hiring a qualified criminal defense lawyer can give you the best opportunity of having your shoplifting charges dismissed or reduced.

Attorney Andrew Flusche can assist you in determining what steps to take moving forward to ensure you avoid jail time for shoplifting.

Reach out to our office today, so I can get started on your case.

What Is Shoplifting in Virginia?

The criminal offense of shoplifting falls into the property crimes category of violations. According to the Virginia Code Section 18.2-103, an individual violates the shoplifting law by committing any of the following acts:

• Willfully concealing or taking possession of the goods or merchandise of any store or mercantile establishment;
• Alters the price tag or other price marking on goods or merchandise;
• Transfers the goods from one container to another; or
• Counsels, assists, aids, or abets another in the performance of any of the above acts.

The offender must commit the act without the merchant’s consent and with the intent of permanently depriving the merchant of the goods or their full value. If the value of the goods or merchandise is less than $1,000, you could face charges for petit larceny.

If the value of the goods or merchandise is more than $1,000, you could face charges for grand larceny.

Virginia Code Section 18.2-102.1 criminalizes the theft of shopping carts from merchant stores as well. Violation of this section constitutes a Class 3 misdemeanor and results in a fine.

How Much Jail Time for Shoplifting?

Many clients facing shoplifting charges ask, Will I go to jail for first-time shoplifting? Every criminal case is unique, so it’s impossible to predict what penalties you’ll receive. Virginia considers petit larceny a Class 1 misdemeanor.

Class 1 misdemeanors carry the potential of up to a year in jail and a fine not to exceed $2,500. Grand larceny carries the following potential penalties:

• Not less than one nor more than 20 years in a state correctional facility;
• At the discretion of the fact finder, jail for up to 12 months; 
• At the discretion of the fact finder, a fine not to exceed $2,500; or
• A combination of the two previously mentioned penalties.

Thus, facing jail time for shoplifting occurs fairly frequently. The court can impose stiffer penalties and longer sentences for offenders convicted of shoplifting multiple times. 

In addition to criminal penalties, a store owner can sue a shoplifter in civil court for the retail value of the goods or merchandise stolen.

Virginia uses other criminal offenses to deter attempts at shoplifting. Virginia Code Section 18.2-105.2 prohibits the manufacture, sale, distribution, or possession of devices that are designed and intended to assist shoplifters with avoiding detection.

Violation of this section constitutes a Class 1 misdemeanor, even if you don’t get away with any merchandise.

Beyond these consequences, a criminal conviction can negatively impact your life in other ways. For example, you could experience difficulty finding gainful employment or getting approval for a loan with a shoplifting conviction on your record.

Alternatively, you could have trouble finding suitable rental housing or obtaining security clearance with a criminal record.

Defenses to Shoplifting

To establish guilt, the prosecutor must prove every element of the offense beyond a reasonable doubt. If you can disprove any of the elements, you could negotiate with the prosecutor to have your charges lowered or dismissed altogether.

Potential defenses that can help you avoid jail time for shoplifting include:

• The concealment or possession of the goods/merchandise wasn’t willful;
• You were wrongfully identified by the merchant or store employee;
• The merchant gave you consent to remove the items from the store; or
• The value of the items you’re accused of taking was miscalculated.

An experienced Virginia criminal defense attorney can help you determine whether one of these defenses applies in your case.

Facing Jail Time for Shoplifting in Virginia? Contact a Qualified Criminal Defense Lawyer 

I have represented many clients facing shoplifting charges in Virginia and understand what it takes to obtain a favorable result for my clients. Additionally, I possess extensive professional relationships with local law enforcement and prosecutors.

This is an invaluable asset when negotiating for the best possible plea bargain. I tackle all of my cases with a result-oriented approach looking to have your case dismissed or your charges reduced.

I handle all of my cases personally and represent my clients aggressively. Contact my office today to discuss your case. Your initial consultation is always free.

The post How Much Jail Time Will I Get for Shoplifting in Virginia? appeared first on Andrew Flusche.

Shoplifting laws in Virginia describe the conduct necessary to be charged with shoplifting.

Shoplifting can take many forms, from blatantly removing an item from a store without paying for it to switching the price tags on two items in an attempt to pay the lower price.

If you think shoplifting charges aren’t serious, think again.

Depending on the value of the items taken, violating Virginia shoplifting laws could result in a felony charge.

If you received shoplifting charges in Virginia, you should contact an experienced criminal defense attorney right away. 

Shoplifting Laws in Virginia: An Overview

Shoplifting is a form of theft. Virginia law defines shoplifting as having the intent of converting the merchandise to your own use without having paid the full purchase price by: 

• Willfully concealing or taking possession of goods;
• Altering the price tag or another price marking; 
• Transferring goods from one container to another; or
• Assisting another with the acts described above.

The severity of shoplifting charges in Virginia depends on the value of the goods or merchandise allegedly taken. For items valued below $1,000, you’ll face the charge of petit larceny. For items valued above $1,000, you’ll face the charge of grand larceny. 

If a store owner or employee has probable cause to believe you were shoplifting, they can detain you for up to an hour until law enforcement arrives at the scene.

What Is the Penalty for Shoplifting in Virginia?

The potential penalties available for shoplifting depend on whether you received a charge for petit larceny or grand larceny. 

Grand larceny carries the potential penalty of one to 20 years in a state correctional facility. However, Virginia is one of the few states where the jury has a say in sentencing after trial.

If they find mitigating circumstances, the jury may recommend that the court reduce this to confinement in county jail for a maximum of 12 months and/or a fine of $2,500. The judge has the discretion to accept or reject the jury’s recommendation.

Virginia treats petit larceny as a Class 1 misdemeanor. A Class 1 misdemeanor in Virginia carries the potential of up to a year in jail and a fine of up to $2,500. 

A criminal conviction can affect more areas of your life than you might realize. While most people expect the criminal penalties associated with a conviction, other consequences exist as well, such as:

• Difficulty finding a job;
• Trouble receiving approval for a loan;
• Inability to rent an apartment; and
• Difficulty obtaining security clearance for government employment.

Along with these consequences, the victim of your shoplifting can sue you in civil court to recover the monetary damages they suffered as a result of your theft.

In a majority of cases, the state prosecutor lets the defendant enter a guilty plea in exchange for avoiding the maximum potential penalties.

A criminal defense lawyer can negotiate with the prosecutor on your behalf and help you determine if accepting a plea bargain is the right course of action for you. 

Charges Associated with Shoplifting Laws in Virginia

If you buy or receive stolen goods knowing that the goods are stolen, Virginia authorizes the prosecutor to charge you with larceny just as if you had stolen the goods yourself. This also applies when you help conceal stolen goods. Like shoplifting, the value of the stolen items dictates whether petit larceny or grand larceny charges are appropriate.

If you genuinely did not know the items were stolen, you can present your lack of knowledge as a defense to the charges.

Additionally, Virginia law criminalizes taking a shopping cart away from a store’s premises without consent. Doing so amounts to a Class 3 misdemeanor. Those convicted of a Class 3 misdemeanor in Virginia could face a fine of up to $500.

Are There Legal Defenses to Shoplifting Laws in Virginia?

If a valid legal defense applies to your case, a qualified criminal defense attorney could negotiate with the prosecutor to have your shoplifting charges reduced or dismissed entirely. Valid legal defenses to Virginia’s shoplifting laws include:

• You removed items from a store by mistake, rather than intentionally;
• The value of the item you’re accused of stealing is incorrect; or
• The merchant gave you consent to take the items.

Wondering if a legal defense applies to your charges? Contact Attorney Andrew Flusche to discuss the options available in your case. 

Facing Shoplifting Charges in Virginia? Contact a Qualified Criminal Defense Lawyer Today

When your freedom is at stake, consulting with an attorney who has extensive professional relationships with local law enforcement and prosecutors is an invaluable asset.

I have represented thousands of clients throughout Virginia with a wide array of criminal issues, including shoplifting charges.

I know that you need an ally and advocate to help you understand the charges you’re facing.  I tackle all of my cases with a result-oriented approach looking to have your case dismissed or your charges reduced.

Contact my office today to set up your initial consultation today. 

The post Understanding the Virginia Shoplifting Laws and Penalties appeared first on Andrew Flusche.

The weather last Saturday a bit out of the ordinary, especially for a mid-December day. But, this is Virginia, so no weather pattern can really be classified as unexpected. The day was cloudy and windy, though the temperature rose to 70° by mid-afternoon. After hanging Christmas lights in the morning, I headed to the porch with a cigar and a beer. 

My beverage selection was the 2021 Anchor "Our Special Ale." The Winter Warmer style ale pours a deep brown shade with a stiff and long lasting beige head. I was surprised by the thick head during the first pour and nearly overflowed the glass. The aroma has notes of dark bread, nutmeg, and ginger, all with a faint rum-like undertone. 

Sipping brings forth a pleasing combination of roasted notes, molasses, mild holiday spice, and citrus. The profile is balanced with no one flavor dominating. A lingering sweet malt and coffee comes out in the finish. Overall, a very tasty winter libation and one I'll enjoy frequently while it's available.

The weather last Saturday a bit out of the ordinary, especially for a mid-December day. But, this is Virginia, so no weather pattern can really be classified as unexpected. The day was cloudy and windy, though the temperature rose to 70° by mid-afternoon. After hanging Christmas lights in the morning, I headed to the porch with a cigar and a beer. 

My beverage selection was the 2021 Anchor "Our Special Ale." The Winter Warmer style ale pours a deep brown shade with a stiff and long lasting beige head. I was surprised by the thick head during the first pour and nearly overflowed the glass. The aroma has notes of dark bread, nutmeg, and ginger, all with a faint rum-like undertone. 

Sipping brings forth a pleasing combination of roasted notes, molasses, mild holiday spice, and citrus. The profile is balanced with no one flavor dominating. A lingering sweet malt and coffee comes out in the finish. Overall, a very tasty winter libation and one I'll enjoy frequently while it's available.

 If only . . .

Asjia is from Redondo Beach, CA. She will be attending the University of Southern California where she will be an Architecture major.

Asjia plans to work on building sustainable structures and to help the fight to end homelessness.

Thank you to all our applicants, and good luck with school!

Be sure to check out our scholarship page for the Spring 2022 prompt and deadline.

The post Winner of Fall 2021 Andrew Flusche Scholarship appeared first on Andrew Flusche.