From shoplifting to felony larceny, the stakes include your record, employment, your money and your freedom. Here’s the big picture—and what to do next.
A step-by-step guide from Cardon Law. This is general information, not legal advice. If you’ve been charged, speak with a local attorney about your facts.
1) What is the Charge? (Quick Map of Virginia Theft Laws)
- Shoplifting / Concealment (in a store): Willfully concealing, altering price tags, or moving items between containers with intent to defraud. Concealment on the premises is prima facie evidence of intent. Value under $1,000 = petit larceny; $1,000+ = grand larceny. Virginia Law
- Grand vs. Petit Larceny:
- Grand larceny: (i) from the person $5+, or (ii) goods $1,000+, or (iii) any firearm, regardless of value. Punishment up to 1–20 years or, in the court’s discretion, up to 12 months jail and/or $2,500 fine. Virginia Law
- Petit larceny: under the above thresholds; Class 1 misdemeanor. Virginia Law
- Receiving Stolen Goods: Buying/receiving/ concealing property knowing it’s stolen is punished as larceny (same value rules). Virginia Law
- Intent to Sell / Distribute Stolen Property: Larceny $1,000+ with intent to sell/distribute = felony (2–20 years); multiple identical items can be prima facie evidence of intent to sell. Virginia Law
- Organized Retail Theft: Acting in concert to steal retail property $5,000+ aggregated in 90 days with intent to resell = organized retail theft (serious felony). Virginia Law
Note on “third-offense larceny = automatic felony”: The old enhancement statute § 18.2-104 was repealed. Current exposure hinges on the charge and value, not a blanket third-offense rule. Virginia Law
2) What Shop/Store Owners/Loss Prevention and Prosecutors Must Prove
- Unlawful taking or concealment of property,
- Intent to permanently deprive (or defraud the owner), and
- Value (which drives misdemeanor vs. felony). For in-store cases, concealment on the premises is prima facie evidence of intent. Virginia Law
3) Defense Review Checklist (What We Look For)
- Identification/video issues: Camera angle, lighting, quality, continuity, who actually handled the item.
- Intent disputes: Return attempts, scanning errors, self-checkout ambiguity, distractions (e.g., supervising a child), or absent concealment. Concealment off-premises is not the same as concealment on-premises under § 18.2-103—fine details matter. Virginia Law
- Value proof: Receipts, SKU pricing, sale/clearance, used vs. new value, missing UPCs.
- Search/seizure: Basis for stop, bag/phone searches, inventory searches—suppress what’s unlawful.
- Chain of custody & witness credibility: LP/security procedures, training, policy deviations.
- Related counts: Receiving stolen goods (§ 18.2-108) or intent-to-sell (§ 18.2-108.01) may be over-charged; we examine evidence closely. Virginia Law+1
4) Smart Early Steps (Do These First After Charged)
- Do not discuss the facts with store security, on social media, or with the other side’s insurer.
- Gather receipts, bank statements, transaction history, coupons/discounts, and names/numbers of witnesses.
- Preserve video: note camera locations and tell your lawyer what needs to be preserved. (NOTE: many security systems overwrite quickly.)
- Restitution? Sometimes strategic, but only after speaking with counsel; timing matters for negotiations and outcomes.
- If it happened in a store, know that merchants/Loss Prevention can detain a suspected shoplifter up to 1 hour on probable cause while awaiting police. Virginia Law
5) Possible Case Paths & Outcomes
- Dismissal / Nolle Prosequi (insufficient evidence, suppression issues, witness problems).
- Reduction (e.g., trespass or disorderly conduct, if facts fit).
- Diversion / Deferred Disposition (case-by-case and jurisdiction-specific).
- Trial (General District Court for misdemeanors, Circuit Court for felonies).
Appeal rights: If convicted of a misdemeanor in General District Court, you have 10 days to appeal de novo to the Circuit Court—don’t miss this window. Virginia Law
6) Money & Civil “Demand Letters”
- Virginia allows civil recovery by merchants for shoplifting/employee theft (statutory damages and fees). Do not pay or respond without legal advice; your response can affect the criminal case. Virginia Law
- If convicted under § 18.2-103, there can be additional civil liability to the owner. Virginia Law
7) Collateral Issues (Plan Ahead)
- Employment/licensing & clearances: Theft-related convictions can be disqualifying; some resolutions avoid a theft label—ask early.
- Immigration: Even a misdemeanor theft can trigger consequences; coordinate with immigration counsel before any plea.
- Record remedies: Eligibility to expunge record only possible if case dismissed or nolle prossed. Speak with a lawyer about the process of expungements.
Charged with theft or shoplifting in Virginia Beach? Cardon Law can review the evidence, protect your rights, and pursue the best available outcome.
Free consultation: (757) 306-9060 | 24/7 direct to David A. Cardon: (757) 620-3283
FAQ
Will I go to jail for a first offense?
It depends on the charge, value, and history. Courts consider restitution, cooperation, and mitigation (treatment, community service, counseling). Grand larceny carries potential 1–20 years, but courts also have discretion for misdemeanor-level outcomes in certain cases. Virginia Law
Can I get this off my record?
Maybe. Options depend on outcome (dismissal/nolle pros/deferral vs. conviction) and current Virginia record-relief law. Call us to discuss and evaluate your options.
Should I pay the civil demand letter?
Not before speaking with an attorney. Civil payments can affect criminal negotiations, admissions, and leverage under § 8.01-44.4. Virginia Law
What’s the felony threshold now?
Generally $1,000+ (or any firearm, or $5+ from the person). Virginia Law
Handy Code Index
- Shoplifting / Concealment: § 18.2-103 (prima facie intent on-premises; value drives misdemeanor/felony). Virginia Law
- Grand Larceny: § 18.2-95 (firearms; $1,000+; $5+ from person). Virginia Law
- Petit Larceny: § 18.2-96. Virginia Law
- Receiving Stolen Goods: § 18.2-108. Virginia Law
- Larceny w/ Intent to Sell: § 18.2-108.01. Virginia Law
- Organized Retail Theft: § 18.2-103.1. Virginia Law
- Merchant Detention (Shopkeeper’s Privilege): § 18.2-105.1. Virginia Law
- Civil Recovery (Merchant): § 8.01-44.4. Virginia Law
- Civil Liability After § 18.2-103 Conviction: § 18.2-104.1. Virginia Law
- 10-Day Appeal (GDC → Circuit): § 16.1-132. Virginia Law
