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Shoplifting is a type of larceny as defined by Virginia Code § 18.2-95. Depending on the value of the goods in question, the shoplifting charge will be punished as a petit larceny or grand larceny.
Alternatively, you may be charged with "Concealment", which is yet another type of larceny as defined by Virginia Code § 18.2-103. Generally speaking, concealment occurs in any one of the following three scenarios:
The "Concealment" statute further states that you don't have to take the merchandise out of the store in order to prove intent to conceal. Again, depending on the value of the goods in question, the concealment charge will be punished as a petit larceny or grand larceny.
If the defendant is alleged to have shoplifted goods valued at less than $500.00, then the defendant will be charged with a Class 1 Misdemeanor, which is punishable by up to 12 months in jail and/or a $2,500.00 fine. If the defendant is alleged to have shoplifted goods valued at $500.00 or more, then the defendant will be charged with a felony, which is punishable by up to 20 years in jail.
First Time Offender Program
Some counties in Northern Virginia allow a defendant who is charged with a first time petit theft-related offense, to have the charges dismissed if the defendant complies with certain requirements. These requirements generally include the following:
Why Should You Consider Not Taking Advantage of the First Offender Program?
The First Offender Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the First Offender program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
What should I do if I am charged with Shoplifting or Concealment?
Shoplifting and/or Concealment are each very serious offenses and will likely make getting a job, security clearance, and other goals far more difficult to accomplish. It is critical that you have legal representation from the outset of the process. Please call Noorishad Law, P.C. today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
Alternatively, you may be charged with "Concealment", which is yet another type of larceny as defined by Virginia Code § 18.2-103. Generally speaking, concealment occurs in any one of the following three scenarios:
- When you willfully hide merchandise or take merchandise from a store; or
- When you alter the price tag(s) on merchandise or move merchandise from one container to a separate container; or
- When you assist/help another person hide or take merchandise from a store or when you assist/help another person alter price tag(s) or move merchandise from one container to another.
The "Concealment" statute further states that you don't have to take the merchandise out of the store in order to prove intent to conceal. Again, depending on the value of the goods in question, the concealment charge will be punished as a petit larceny or grand larceny.
If the defendant is alleged to have shoplifted goods valued at less than $500.00, then the defendant will be charged with a Class 1 Misdemeanor, which is punishable by up to 12 months in jail and/or a $2,500.00 fine. If the defendant is alleged to have shoplifted goods valued at $500.00 or more, then the defendant will be charged with a felony, which is punishable by up to 20 years in jail.
First Time Offender Program
Some counties in Northern Virginia allow a defendant who is charged with a first time petit theft-related offense, to have the charges dismissed if the defendant complies with certain requirements. These requirements generally include the following:
- Defendant has never been found guilty of a theft-related offense and has never enrolled in the First Offender program for a theft-related offense;
- Defendant pleads guilty, no contest, or facts sufficient for a finding of guilt for petit larceny;
- Enroll in and complete an education course related to shoplifting and petit larceny;
- Complete 50 hours of community service through OAR (Offenders Aid and Restoration);
- Comply with all conditions of probation;
- Payment of court costs and education course (approximately $100.00); and
- Be of general good behavior for a period of at least six months with no violations of law during this period of time.
Why Should You Consider Not Taking Advantage of the First Offender Program?
The First Offender Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the First Offender program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
- You are not guilty of the offense: You will need to speak with an attorney before reaching this conclusion as there may be potential suppression defenses or other technical legal defenses which you may not be aware of which may help you win your case. This is particularly important in cases where the Defendant knows they may be charged again in the future and may not want to use their "first offender" pass on a case they may win, particularly since multiple offenses will raise the penalty to a Felony offense with mandatory minimum jail time.
- Severe immigration consequences: If you are not a United States citizen, it is extremely important to speak with an attorney before entering into the First Offender program as entry into the program may be viewed as a guilty plea for purposes of immigration and may subject you to deportation or removal proceedings.
- You do not have time to complete community service: You may work a full-time job, have children, care for elderly parents, or other time commitments which prevent you from being able to complete 50 hours of community service. If this is the case, please contact us when considering whether to enter into the First Offender program.
- You are already on probation for another charge: By entering into the First Offender program, you may be violating the terms of your probation which could cause you get a probation violation charge.
What should I do if I am charged with Shoplifting or Concealment?
Shoplifting and/or Concealment are each very serious offenses and will likely make getting a job, security clearance, and other goals far more difficult to accomplish. It is critical that you have legal representation from the outset of the process. Please call Noorishad Law, P.C. today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
