Virginia Theft Lawyer: Navigating Larceny, Shoplifting, and Embezzlement Charges

As a senior attorney with over two decades of experience practicing law in the Commonwealth, I’ve witnessed firsthand the profound impact a theft charge can have on an individual’s life. It’s not merely about the potential penalties; it’s about the erosion of trust, the damage to one’s reputation, and the long-term professional and personal repercussions. A theft conviction in Virginia, regardless of its severity, can close doors and cast a lasting shadow. Understanding the intricacies of Virginia’s larceny statutes is paramount for anyone accused.

Whether you’re facing allegations of petit larceny, grand larceny, shoplifting, embezzlement, or receiving stolen goods, the Commonwealth of Virginia takes these matters seriously. The legal landscape is complex, requiring a precise and strategic approach. My purpose in this comprehensive guide is to illuminate the paths forward, outline the challenges you may face, and underscore the critical importance of a proactive and informed defense. At Law Offices Of SRIS, P.C., we stand ready to provide the authoritative legal counsel necessary to navigate these formidable circumstances.

Understanding the Consequences and Stakes of Theft Charges in Virginia

Being accused of theft in Virginia carries significant legal and personal ramifications, with penalties ranging from substantial fines and jail time to a permanent criminal record that can affect employment, housing, and social standing. The specific consequences depend heavily on the type of theft, the value of the property involved, and any prior criminal history.

The Commonwealth of Virginia defines various forms of theft under its legal code, primarily within Title 18.2, Crimes and Offenses Generally. The distinctions between different types of larceny are critical, as they dictate the potential penalties you face. It is essential to grasp the severity of these charges.

Grand Larceny (Va. Code § 18.2-95)

In Virginia, grand larceny is a felony offense. It occurs when:

• The value of the goods or chattels stolen is $1,000 or more.
• The goods are stolen directly from the person of another and are valued at $5 or more.
• The theft involves a firearm, regardless of its value.

A conviction for grand larceny is punishable by imprisonment in a state correctional facility for not less than one year nor more than twenty years. In some cases, the court may impose a jail sentence of up to twelve months and/or a fine of up to $2,500 instead of, or in addition to, prison time. The long-term impact of a felony conviction on your ability to find employment, obtain professional licenses, or even secure housing cannot be overstated.

Petit Larceny (Va. Code § 18.2-96)

Petit larceny is classified as a Class 1 misdemeanor in Virginia. This charge applies when:

• The value of the goods or chattels stolen is less than $1,000 and is not taken from the person of another.
• The goods are stolen directly from the person of another and are valued at less than $5.

While a misdemeanor, petit larceny still carries serious penalties, including confinement in jail for up to twelve months and/or a fine of up to $2,500. A conviction, even for a misdemeanor, creates a criminal record that can be visible to potential employers, landlords, and educational institutions, affecting your future opportunities.

Shoplifting (Va. Code § 18.2-102.1)

Virginia law specifically addresses shoplifting, treating it as a form of larceny. The classification of shoplifting as grand larceny or petit larceny depends on the value of the goods involved, mirroring the thresholds for general larceny. Shoplifting also includes altering price tags, transferring goods from one container to another, or concealing merchandise with the intent to deprive the merchant of its value. The penalties are the same as for grand or petit larceny. Additionally, a civil penalty may be sought by the merchant.

Embezzlement (Va. Code § 18.2-111)

Embezzlement involves the fraudulent appropriation of property by a person to whom it has been entrusted. This often occurs in a position of trust, such as an employee taking money or property from an employer. Like other forms of theft, embezzlement can be charged as a misdemeanor or a felony based on the value of the embezzled property, with the same financial thresholds and potential penalties as grand or petit larceny. The breach of trust inherent in embezzlement can lead to particularly severe reputational damage.

Receiving Stolen Goods (Va. Code § 18.2-98)

Virginia law also criminalizes the act of buying or receiving stolen goods, knowing them to be stolen. The severity of the charge—misdemeanor or felony—is determined by the value of the stolen property received, aligning with the thresholds for petit and grand larceny. Ignorance is rarely a defense if the circumstances suggest knowledge that the goods were stolen.

Beyond the immediate legal penalties, a theft conviction can trigger a ripple effect throughout your life. It can impede your ability to secure loans, affect your credit score, prevent you from pursuing certain careers (especially those requiring background checks or financial trust), and even impact your eligibility for housing or educational programs. The reputational damage alone can be devastating, requiring significant effort to overcome. It is precisely because of these far-reaching consequences that a vigorous and informed legal defense is not merely advisable but essential.

The Virginia Legal Process for Theft Charges

The legal process for theft charges in Virginia can be daunting, beginning with arrest and potentially leading through various court stages, each with its own procedures and critical junctures. Understanding the roles of key agencies and courts is vital for anyone navigating these proceedings.

From the moment you are suspected of theft, the machinery of the Virginia legal system begins to move. A clear understanding of each phase, and the specific Virginia courts and agencies involved, is crucial for developing an effective defense. This process applies whether you are facing a petit larceny or a felony grand larceny charge.

Initial Contact and Arrest

The process often begins with contact from local law enforcement agencies, such as the Virginia State Police, a county sheriff’s department, or a city police department. If there’s probable cause to believe a theft has occurred and you were involved, you may be arrested. During this phase, it is paramount to remember your right to remain silent and your right to legal counsel. What you say or do at this stage can significantly impact your case later.

Magistrate Review and Bond Hearing

Following arrest, you will typically be brought before a magistrate. The magistrate reviews the charges, determines if there is probable cause for the arrest, and decides on bail (bond). Bail ensures your appearance in court. Depending on the severity of the charge and your criminal history, you may be released on a personal recognizance bond, a secured bond, or held without bond.

Arraignment in General District Court

Your first court appearance will likely be in a Virginia General District Court. This is the court of original jurisdiction for all misdemeanors and handles preliminary hearings for felonies. At the arraignment, you will be formally advised of the charges against you and enter a plea (guilty, not guilty, or no contest). This is also when your attorney can confirm discovery requests and set the stage for future hearings.

Preliminary Hearing (for Felonies)

If charged with a felony theft, such as grand larceny (Va. Code § 18.2-95), a preliminary hearing will be held in the General District Court. This hearing determines if there is probable cause to believe that a crime was committed and that you committed it. It is not a trial to determine guilt or innocence, but rather a screening process. If probable cause is found, the case is certified to a Virginia Circuit Court.

Grand Jury (for Felonies)

For felony cases certified to Circuit Court, a grand jury will review the evidence presented by the Commonwealth’s Attorney’s Office. If the grand jury finds sufficient evidence, they will issue a “true bill,” which is a formal indictment, moving the case forward for trial in Circuit Court.

Trial in Circuit Court (Felonies and Appeals) or General District Court (Misdemeanors)

Misdemeanor theft cases (e.g., petit larceny under Va. Code § 18.2-96, or shoplifting under Va. Code § 18.2-102.1 below the felony threshold) are tried in the General District Court. Felony cases are tried in the Virginia Circuit Court. In either court, you have the right to a bench trial (heard by a judge) or a jury trial (heard by a jury of your peers). The Commonwealth’s Attorney is responsible for prosecuting the case, presenting evidence, and calling witnesses. Your defense attorney will present your case, cross-examine witnesses, and argue for your acquittal or for a lesser charge/sentence.

Sentencing

If found guilty, the court will proceed to sentencing. This can occur immediately after the verdict or at a later date, allowing for a pre-sentence investigation report. The judge will consider statutory guidelines, mitigating factors presented by your attorney, and your criminal history when determining the appropriate sentence. This may involve jail time, fines, restitution to the victim, probation, community service, or a combination of these.

Appeals

If convicted, you have the right to appeal the decision. Misdemeanor convictions from General District Court can be appealed “de novo” (meaning a new trial) to the Circuit Court. Felony convictions from Circuit Court can be appealed to the Virginia Court of Appeals, and potentially, in rare circumstances, to the Virginia Supreme Court. The appeals process is complex, focusing on legal errors rather than re-litigating factual disputes.

Navigating this intricate system without seasoned legal representation is exceedingly difficult. The stakes are high at every turn, and a misstep can have irreversible consequences. Law Offices Of SRIS, P.C. brings decades of collective experience to guide you through each phase, protect your rights, and advocate vigorously on your behalf.

The SRIS Virginia Theft Defense Navigator Tool

The SRIS Virginia Theft Defense Navigator Tool is a practical, step-by-step guide designed to help individuals understand the critical actions they should consider taking if they are facing theft charges in Virginia. This tool provides an organized framework for immediate steps and ongoing preparation, emphasizing the importance of informed decision-making.

Facing a theft charge can feel overwhelming. The “SRIS Virginia Theft Defense Navigator Tool” is designed to provide a clear, actionable roadmap for individuals in this challenging situation. It consolidates vital initial steps and ongoing considerations into an easy-to-follow format, empowering you to make informed decisions and build a strong foundation for your defense. Remember, this tool offers general guidance, and its application should always be discussed with your legal counsel.

Step-by-Step Guide:

1. Remain Silent & Do Not Resist Arrest: Your Fifth Amendment right protects you from self-incrimination. Anything you say can be used against you. Do not argue, explain, or confess to law enforcement. Do not resist physical arrest.
2. Request an Attorney Immediately: Clearly state, “I wish to speak with an attorney.” Do not answer any questions until your attorney is present. This is your constitutional right and the most important step.
3. Understand the Allegation: Once formally charged or provided with documentation, make sure you understand the specific Virginia Code section you are accused of violating (e.g., Va. Code § 18.2-95 for Grand Larceny, Va. Code § 18.2-96 for Petit Larceny, Va. Code § 18.2-102.1 for Shoplifting, or Va. Code § 18.2-111 for Embezzlement).
4. Secure and Preserve Evidence: If possible and legally permissible, preserve any evidence that could support your defense. This might include receipts, emails, text messages, surveillance footage (if you have legal access), or witness contact information. Do not tamper with or destroy any evidence.
5. Document Everything: Keep a detailed log of all interactions with law enforcement, prosecutors, and court personnel. Note dates, times, names, and what was discussed. Document any events related to the alleged incident.
6. Avoid Discussing Your Case: Do not discuss your case with anyone other than your attorney. This includes friends, family, co-workers, or on social media. Casual conversations can be misconstrued or used against you.
7. Adhere to All Court Orders and Conditions: If released on bond, strictly follow all conditions, such as staying away from certain individuals or locations, reporting requirements, or abstaining from substances. Violating bond conditions can lead to immediate re-arrest and complicate your case.
8. Gather Personal Information & Background: Be prepared to provide your attorney with a comprehensive personal history, including employment, education, family situation, and any prior legal history. This information is vital for your defense and for potential sentencing arguments.
9. Explore Restitution Options (If Applicable): In some theft cases, making restitution to the alleged victim may be a factor in plea negotiations or sentencing. Discuss this possibility and its implications thoroughly with your attorney.
10. Maintain a Professional Demeanor: When appearing in court or interacting with legal professionals, always dress appropriately, arrive on time, and be respectful. Your demeanor can influence perceptions of your character.
11. Review and Understand Legal Documents: Work closely with your attorney to understand every document related to your case, including warrants, indictments, discovery materials, and plea offers. Ask questions until you fully comprehend their implications.
12. Prepare for Court Appearances: Your attorney will guide you on what to expect during court appearances, how to answer questions, and what testimony might be required. Follow their advice meticulously.

This navigator is designed to be a living document, evolving with your case. Utilizing it diligently, in tandem with experienced legal counsel from Law Offices Of SRIS, P.C., provides a structured approach to a challenging situation. Call us at 888-437-7747 to begin navigating your defense.

Legal Strategies and Defenses Against Virginia Theft Allegations

Successfully defending against theft charges in Virginia requires a nuanced understanding of legal precedents and a strategic application of defenses tailored to the specifics of your case. An experienced Virginia theft lawyer can meticulously examine the prosecution’s evidence and construct a robust defense, often focusing on the element of intent, identity, or claim of right.

No two theft cases are exactly alike, which means no single defense strategy fits all. However, drawing on decades of experience, certain fundamental legal principles and defense tactics often prove highly effective in Virginia theft cases. The Law Offices Of SRIS, P.C. approach begins with a comprehensive review of the prosecution’s case and a deep dive into the factual circumstances surrounding the allegations.

Challenging Intent

A cornerstone of any larceny charge in Virginia, whether it’s grand larceny, petit larceny, or shoplifting, is the prosecution’s burden to prove intent. Specifically, they must demonstrate that you had the specific intent to permanently deprive the owner of their property. Without this intent, a theft charge cannot stand. Defenses related to intent include:

• Lack of Intent: Arguing that you had no intention to steal the property. Perhaps you genuinely forgot to pay for an item, or you mistakenly believed an item was yours or abandoned.
• Temporary Possession/Misunderstanding: You might have intended to return the item, or there was a misunderstanding about the nature of the transaction. For example, borrowing an item without explicit permission, but with a clear intent to return it, might not constitute larceny.
• Intoxication or Mental State: In some limited circumstances, severe intoxication or a compromised mental state could negate the specific intent required for larceny, though this is a complex defense and often requires expert testimony.

Mistaken Identity

Theft crimes often occur quickly, or in environments where identification can be challenging (e.g., crowded stores, low light conditions). Eyewitness identification is notoriously unreliable. A defense attorney can challenge the accuracy of identifications through:

• Cross-examination of eyewitnesses regarding their opportunity to observe.
• Presenting alibi evidence demonstrating you were elsewhere at the time of the alleged theft.
• Highlighting discrepancies in descriptions or surveillance footage.

Claim of Right

If you genuinely believed you had a legal right to the property, even if that belief was mistaken, you cannot be convicted of larceny. This defense hinges on your honest belief, not necessarily whether that belief was legally correct. For example, if you took an item you believed a friend owed you, even if the friend disputes it, you might not have the requisite criminal intent for theft.

Alibi

An alibi defense asserts that you were in a different location at the precise time the theft occurred, making it impossible for you to have committed the crime. This requires corroborating evidence such as witness testimony, receipts, surveillance footage, or digital location data.

Factual Innocence/Insufficient Evidence

Sometimes, the prosecution simply lacks sufficient evidence to prove guilt beyond a reasonable doubt. A seasoned attorney will meticulously scrutinize all evidence presented by the Commonwealth’s Attorney, including police reports, witness statements, and forensic evidence, to identify weaknesses or inconsistencies. This can involve:

• Challenging the chain of custody for evidence.
• Questioning the reliability of surveillance footage or other digital evidence.
• Highlighting procedural errors made by law enforcement.

Duress or Coercion

Though less common in theft cases, if you were forced to commit the theft under immediate threat of serious harm to yourself or others, this could serve as a defense. This is a high bar and requires compelling evidence of genuine threat.

Mitigating Circumstances and Plea Bargaining

Even if a complete defense leading to acquittal isn’t feasible, an experienced attorney can work to mitigate the potential penalties. This often involves:

• Negotiating with the Commonwealth’s Attorney: Seeking a plea bargain for a lesser charge (e.g., a non-theft misdemeanor or a reduction from felony grand larceny to misdemeanor petit larceny) or a reduced sentence.
• Presenting mitigating factors to the court: Highlighting factors such as a lack of prior criminal record, restitution paid to the victim, remorse, employment history, or mental health issues that might warrant a more lenient sentence.
• Seeking Diversion Programs: In some jurisdictions and for certain types of theft (especially first offenders), diversion programs may be available, which can lead to dismissal of charges upon successful completion.

The Law Offices Of SRIS, P.C. approach to defense is comprehensive, analytical, and relentless. We leverage our deep understanding of Virginia law and courtroom procedures to build the strongest possible case for our clients, aiming always for the best possible outcome. Every detail matters, and with our experience, you can be confident that no stone will be left unturned in your defense.

Common Mistakes to Avoid When Facing Theft Charges

Navigating a theft charge in Virginia is fraught with potential pitfalls, and even seemingly minor missteps can severely compromise your defense. Understanding and actively avoiding these common errors is as crucial as developing a strong legal strategy.

Having represented countless individuals facing theft allegations over two decades, I’ve observed recurring patterns of mistakes that can unintentionally undermine a case. Avoiding these errors can significantly strengthen your position and protect your rights throughout the legal process. These are the critical missteps Law Offices Of SRIS, P.C. consistently advises clients to steer clear of:

1. Talking to Law Enforcement Without an Attorney: This is arguably the most common and damaging mistake. While you might feel compelled to “clear things up” or believe you can talk your way out of trouble, anything you say can and will be used against you. Police are trained to elicit information. Politely state you wish to speak with an attorney before answering any questions. This applies whether you are arrested or merely questioned.
2. Resisting Arrest or Obstructing Justice: Even if you believe you are innocent, resisting arrest or attempting to flee will only lead to additional charges, complicating your situation exponentially. Cooperate physically, but verbally invoke your right to silence and counsel.
3. Delaying Legal Counsel: Time is of the essence. Evidence can disappear, witness memories fade, and critical deadlines approach. Waiting to consult with a Virginia theft lawyer can severely limit your defense options. An attorney can intervene early, often preventing self-incriminating actions and preserving crucial evidence.
4. Destroying or Tampering with Evidence: Never attempt to destroy, alter, or conceal any evidence related to your case. This constitutes obstruction of justice and can lead to severe penalties, regardless of your guilt or innocence on the initial theft charge.
5. Discussing Your Case with Non-Attorneys: Avoid discussing the details of your alleged theft with friends, family, co-workers, or on social media platforms. These conversations are not protected by attorney-client privilege and can be used as evidence against you. Even seemingly innocuous comments can be misinterpreted or taken out of context.
6. Failing to Follow Court Orders or Bond Conditions: If you are released on bond, strictly adhere to all conditions set by the court. Missing a court date, failing to report to probation, or violating any other condition will result in a warrant for your arrest and can severely impact your credibility and case outcome.
7. Ignoring Restitution or Civil Demands: In some theft cases, especially shoplifting, the alleged victim (often a merchant) may pursue civil damages in addition to criminal charges. Ignoring these civil demands, if applicable, can lead to separate lawsuits and judgments against you. Discuss these with your attorney.
8. Lying to Your Attorney: Your attorney cannot effectively represent you if they do not have all the facts, good or bad. Attorney-client privilege ensures confidentiality. Be completely honest with your legal counsel so they can anticipate challenges and formulate the strongest possible defense.
9. Underestimating the Seriousness of the Charge: Even a misdemeanor petit larceny conviction can have long-lasting consequences on your record, employment, and personal life. Never dismiss the potential impact of any theft charge.
10. Trying to Negotiate with the Prosecutor Alone: Without a comprehensive understanding of legal procedures, evidence rules, and sentencing guidelines, attempting to negotiate a plea bargain directly with the Commonwealth’s Attorney can be highly disadvantageous. An experienced theft attorney will know how to assess offers, identify weaknesses in the prosecution’s case, and advocate effectively on your behalf.

Avoiding these common missteps is fundamental to protecting your rights and mounting a successful defense. The guidance of a seasoned Virginia theft lawyer from Law Offices Of SRIS, P.C. is invaluable in navigating these treacherous waters.

Glossary of Key Theft-Related Legal Terms

Understanding the specific legal terminology used in Virginia theft cases is crucial for anyone facing charges, as precise definitions can significantly impact the interpretation and outcome of your situation.

Larceny

The unlawful taking and carrying away of personal property of another with the intent to permanently deprive the owner of it. In Virginia, this term broadly encompasses most forms of theft.

Grand Larceny (Va. Code § 18.2-95)

A felony offense in Virginia, typically involving the theft of goods valued at $1,000 or more, theft from the person of another of $5 or more, or the theft of a firearm, regardless of value.

Petit Larceny (Va. Code § 18.2-96)

A Class 1 misdemeanor offense in Virginia, involving the theft of goods valued at less than $1,000, or theft from the person of another of less than $5.

Shoplifting (Va. Code § 18.2-102.1)

A specific form of larceny related to merchandise from a retail establishment, involving acts such as concealing goods, altering price tags, or transferring goods between containers, with the intent to deprive the merchant of their value. Classified as petit or grand larceny based on value.

Embezzlement (Va. Code § 18.2-111)

The fraudulent appropriation of property by someone to whom it has been entrusted (e.g., an employee stealing from an employer). It differs from larceny in that the property was initially lawfully in the embezzler’s possession.

Receiving Stolen Goods (Va. Code § 18.2-98)

The crime of buying or receiving property that one knows or has reason to believe was stolen. The penalties align with those for petit or grand larceny based on the value of the property.

Restitution

Monetary compensation paid by a defendant to the victim for losses or damages incurred as a result of the crime. Often ordered in theft cases to cover the value of stolen property.

Probable Cause

A reasonable belief, based on facts and circumstances, that a crime has been committed and that a particular person committed it. Required for arrest and for a case to proceed to trial.

Arraignment

The first formal court appearance where a defendant is informed of the charges against them and enters a plea (guilty, not guilty, or no contest).

Commonwealth’s Attorney

The prosecuting attorney in Virginia, representing the state in criminal proceedings.

Common Scenarios & Questions in Virginia Theft Cases

Individuals facing theft charges often encounter similar dilemmas and have specific questions based on their unique situations. These common scenarios illustrate the variety of theft allegations and the initial considerations for each.

Over the years, certain patterns emerge in the types of theft cases we handle and the questions our clients frequently ask. Understanding these scenarios can provide a sense of context and highlight the importance of tailored legal advice.

Scenario 1: The Accidental Walk-Out

Question: “I was at a self-checkout in a grocery store, thought I scanned everything, but later realized a small item was still in my cart when I left. Now I’ve received a letter from the store’s loss prevention. Am I going to be charged with shoplifting?”

Answer: This is a common situation. Virginia law requires specific intent to steal for a shoplifting conviction (Va. Code § 18.2-102.1). If you genuinely made an honest mistake, without intent to deprive the store, that is a critical defense point. However, stores and prosecutors often assume intent. Do not communicate with the store’s loss prevention or provide any statements without first consulting a Virginia theft lawyer. Your attorney can assess the evidence, such as surveillance footage, and advise on how to respond and protect your rights, possibly by showing proactive efforts to rectify the mistake (e.g., offering to pay immediately upon realizing).

Scenario 2: Employee Theft Allegations

Question: “My employer just accused me of taking money from the till, but I didn’t. They’re threatening to call the police unless I sign a confession. What should I do?”

Answer: This is a serious embezzlement allegation (Va. Code § 18.2-111). Under no circumstances should you sign any document or make any statement to your employer without legal counsel. Signing a confession, even if coerced, can be used as powerful evidence against you in a criminal case. Immediately contact a seasoned Virginia theft lawyer. Your attorney can advise you on your rights, communicate with your employer on your behalf, and prepare for potential law enforcement involvement. Preserving your employment records, communications, and any evidence that might clear your name is crucial.

Scenario 3: Possession of Allegedly Stolen Goods

Question: “I bought something online from a third party that I now suspect might be stolen. The police just came to my door asking about it. Am I in trouble?”

Answer: Virginia law criminalizes receiving stolen goods (Va. Code § 18.2-98) if you knew or had reason to believe the goods were stolen. Whether you “had reason to believe” is a factual question. Do not answer questions from the police. Politely state you will not answer questions without your attorney present. Contact a Virginia theft lawyer immediately. Your attorney can investigate how you acquired the item, assess the evidence the police have, and advise you on how to proceed without inadvertently incriminating yourself.

Scenario 4: Juvenile Theft Charges

Question: “My 16-year-old was caught shoplifting a small item. This is their first offense. Will this ruin their future?”

Answer: While serious, a juvenile theft charge (which would typically fall under petit larceny, Va. Code § 18.2-96, or shoplifting, Va. Code § 18.2-102.1) in Virginia’s juvenile justice system aims for rehabilitation more than adult court. Consequences can include probation, community service, fines, or restitution. However, a conviction can still impact future opportunities. It’s critical to engage a Virginia theft lawyer experienced in juvenile defense. They can work to minimize the impact, potentially seeking diversion programs, informal adjustment, or advocating for a dismissal upon completion of certain requirements, aiming to prevent a lasting record.

Frequently Asked Questions (FAQ) About Virginia Theft Law

This section addresses common questions clients have regarding theft charges in Virginia, offering clear, concise answers based on deep legal knowledge.

Q1: What is the difference between petit larceny and grand larceny in Virginia?

A1: In Virginia, the primary difference is the value of the stolen property. Petit larceny (Va. Code § 18.2-96) involves property valued at less than $1,000, or taken from the person of another valued at less than $5, and is a Class 1 misdemeanor. Grand larceny (Va. Code § 18.2-95) involves property valued at $1,000 or more, or taken from the person of another valued at $5 or more, or the theft of a firearm, regardless of value, and is a felony.

Q2: Can I go to jail for a first-offense petit larceny in Virginia?

A2: Yes, even for a first-offense petit larceny (a Class 1 misdemeanor), the potential penalty includes up to 12 months in jail and/or a fine of up to $2,500. While a judge may opt for a lesser sentence for a first offender, jail time is a statutory possibility. A seasoned attorney will work to mitigate these potential consequences.

Q3: What if I intended to return the item? Is that still theft?

A3: Virginia larceny requires the specific intent to permanently deprive the owner of their property. If you genuinely intended to return the item and can demonstrate this lack of intent, it could be a defense. However, prosecutors may still argue your actions implied intent to steal. This is a complex area requiring the strategic counsel of an attorney.

Q4: Does shoplifting count as “theft” in Virginia?

A4: Yes, shoplifting is explicitly defined as a form of larceny under Virginia Code § 18.2-102.1. It carries the same penalties as petit or grand larceny, depending on the value of the merchandise involved.

Q5: What are the penalties for felony grand larceny in Virginia?

A5: A conviction for grand larceny (Va. Code § 18.2-95) is a felony in Virginia, punishable by a minimum of one year and up to twenty years in a state correctional facility. A judge may also impose a jail sentence of up to 12 months and/or a fine of up to $2,500, or a combination. The exact sentence depends on the specifics of the case and the defendant’s criminal history.

Q6: Can a theft charge be expunged from my record in Virginia?

A6: In Virginia, expungement is generally only possible for charges that were dismissed, acquitted, or where a nolle prosequi (prosecutor’s decision not to prosecute) was entered. If you are convicted of theft, it typically cannot be expunged. This underscores the critical importance of fighting the charge and seeking a favorable outcome from the outset.

Q7: What is restitution in a Virginia theft case?

A7: Restitution is money paid by a defendant to the victim to compensate for financial losses caused by the crime, such as the value of stolen property or damages. In Virginia theft cases, courts frequently order restitution as part of the sentence.

Q8: Can I get a plea bargain for my theft charge?

A8: Plea bargains are common in Virginia criminal courts, including theft cases. A plea bargain might involve pleading guilty to a lesser charge (e.g., misdemeanor instead of felony) or a reduced sentence in exchange for a guilty plea. An experienced Virginia theft lawyer can negotiate with the Commonwealth’s Attorney on your behalf to achieve the best possible plea agreement.

Q9: What if I was falsely accused of theft?

A9: False accusations are a serious matter and require an aggressive defense. Your attorney will work to gather evidence that supports your innocence, such as alibi witnesses, surveillance footage, or inconsistencies in the accuser’s story. Proving factual innocence is a primary goal in such cases.

Q10: How does a prior conviction affect a new theft charge in Virginia?

A10: Prior theft convictions significantly escalate the stakes. For example, a third conviction for petit larceny within a ten-year period becomes a Class 6 felony, carrying a much harsher penalty (Va. Code § 18.2-104). Prior felonies also increase sentencing guidelines. This is why it’s critical to fight every charge to prevent future complications.

Q11: What is the role of the Commonwealth’s Attorney in a theft case?

A11: The Commonwealth’s Attorney is the prosecuting attorney for the state of Virginia. Their role is to represent the Commonwealth, present evidence against you, and seek a conviction. Your attorney will interact directly with the Commonwealth’s Attorney to negotiate plea deals, discuss evidence, and prepare for trial.

Q12: Is embezzlement considered a theft crime in Virginia?

A12: Yes, embezzlement (Va. Code § 18.2-111) is a specific type of theft crime in Virginia. It applies when someone unlawfully converts property that was lawfully entrusted to them (e.g., an employee taking money from their employer’s register). The penalties are tied to the value of the embezzled property, similar to grand and petit larceny.

Q13: What should I do if I am contacted by a store’s loss prevention regarding shoplifting?

A13: Do not make any statements or sign any documents. Politely decline to answer questions and immediately contact a Virginia theft lawyer. Loss prevention officers are not police and are often gathering evidence for prosecution. Anything you say can be used against you.

Q14: How long do theft charges stay on my criminal record in Virginia?

A14: If convicted, a theft charge will remain on your criminal record indefinitely, as Virginia has very strict expungement laws. Even a misdemeanor can appear on background checks for employment, housing, and other opportunities for years to come. This permanent impact underscores the importance of a strong defense.

Q15: What evidence can be used against me in a Virginia theft case?

A15: Evidence can include eyewitness testimony, surveillance video, security camera footage, receipts, recovered stolen property, forensic evidence (e.g., fingerprints), statements you made to police or others, and electronic communications (texts, emails). Your attorney will scrutinize all evidence to challenge its admissibility or reliability.

Contact a Seasoned Virginia Theft Lawyer Today

If you are facing theft charges in the Commonwealth of Virginia, the time to act is now. The complexities of Virginia law, combined with the severe potential consequences, demand the attention of a knowledgeable and experienced legal team. At Law Offices Of SRIS, P.C., we bring over 20 years of seasoned, hands-on experience defending individuals against larceny, shoplifting, embezzlement, and other theft-related allegations. Our approach is rooted in an unwavering commitment to protecting your rights, crafting an authoritative defense, and guiding you through every step of the legal process. Do not let a theft charge define your future. Call Law Offices Of SRIS, P.C. at 888-437-7747 for a confidential case review. Your future depends on it.

Disclaimer: The information provided in this article by Law Offices Of SRIS, P.C. is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing or interacting with this content. Laws are subject to change, and legal situations are unique. You should consult with a qualified Virginia attorney for advice regarding your specific situation.