{"id":4581,"date":"2023-04-13T07:09:47","date_gmt":"2023-04-13T11:09:47","guid":{"rendered":"https:\/\/www.dualawfirm.com\/?page_id=4581"},"modified":"2023-05-02T16:06:57","modified_gmt":"2023-05-02T20:06:57","slug":"petit-thef-shoplifting","status":"publish","type":"page","link":"https:\/\/www.dualawfirm.com\/services\/petit-thef-shoplifting\/","title":{"rendered":"Petit Thef\/Shoplifting"},"content":{"rendered":"\t\t
(i) willfully conceals or takes possession of the goods or merchandise of any store or mercantile establishment.<\/span><\/p> (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another.<\/span><\/p> (iii) counsels, assists, aids, or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $500, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $500 or more, shall be guilty of grand larceny.\u201d<\/span><\/p>Shoplifting and Petit Larceny<\/b><\/h3>
The legal term \u201cPetit larceny\u201d encompasses many different things, including shoplifting.\u00a0<\/strong> There are two relevant state statutes to be aware of when it comes to being charged with alleged larceny: (i) taking cash or property valued at less than $5 from a person and (ii) taking cash or property valued at less than $500 not from a person.<\/span><\/h6>
The phrase \u201cfrom a person\u201d means you allegedly took something that\u2019s on another person\u2019s body or in their physical possession or immediate control. For example, grabbing a wallet out of a person\u2019s hand or snatching a purse from someone\u2019s shoulder would be considered theft from a person.<\/span><\/h6>
The phrase \u201cnot from a person\u201d means an indirect type of theft allegedly occurred. If, for example, the person\u2019s wallet is inside a locker at a gym and you are alleged to have taken it while the person was working out or taking a shower, the wallet is not in their physical possession or immediate control.<\/span><\/h6>
How to Fight Petit Larceny Charges\u00a0<\/b><\/h3>
In order to be convicted of allegedly committing larceny, a Commonwealth\u2019s Attorney has to prove, beyond a reasonable doubt, the following legal elements: <\/strong><\/h6>
You (i) took personal property,<\/h6><\/li>
(ii) of some intrinsic value,<\/h6><\/li>
(iii) from another person,<\/h6><\/li>
(iv) without the owner\u2019s consent, and<\/h6><\/li>
(v) you intended to steal the personal property.<\/h6><\/li><\/ul>
There are certain strategies an experienced and aggressive Fairfax larceny\/shoplifting defense lawyer can utilize to weaken the government\u2019s case, depending on the available evidence and witnesses involved.\u00a0<\/span><\/h6>
Potential Defense: No Taking Occurred<\/span><\/h4>
In order to establish you took someone else\u2019s property, you have to have carried it away or generally removed it from the dominion of the property owner. <\/strong>For example, in <\/span>Britt v. Commonwealth<\/span><\/i>, a 2008 Virginia Supreme Court decision, the Court declared that a defendant has to \u201chold, seize, or grasp the property, with his hands or otherwise.\u201d As a result, if you did not actually take the property into your hands, or if you only picked up the item for a moment but never really deprived the owner of control, you may have a defense to the charge of theft.<\/span><\/h6><\/li><\/ul>
Potential Defense: Lack of Intent<\/span><\/h4>
One way an effective Fairfax defense lawyer could assist you in prevailing against these charges is by introducing evidence or witnesses that challenge the idea you intended to steal the property.<\/strong> Sometimes what is perceived as a theft is really just an accident or honest mistake. For example, it is quite possible for two people to have identical laptops, smartphones, or wallets and you pick up the wrong item, or you put an item on the bottom of your shopping cart at the grocery store and forget about it when you check out because your mind was pre-occupied with other things.\u00a0<\/span><\/h6><\/li>
The objective is to establish that you did not possess the requisite intent to actually steal property from another.<\/strong> If that fact is established, your criminal case may be dismissed.<\/span><\/h6><\/li><\/ul>
Potential Defense: Consent<\/span><\/h4>
Another way to fight a petit theft charge is to establish that you had consent or reasonably believed you had the consent of the owner to take the property.<\/strong> This is basically another way of saying you lacked the intent to steal the property.<\/span><\/h6><\/li><\/ul>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t
What is Virginia Petit Theft?<\/h5>
VA Code \u00a7 18.2-96<\/span><\/a> explains that petit larceny includes committing \u201csimple larceny not from the person of another of goods and chattels of the value of less than $200.\u201d If the value of the goods is $200 or more, it would fall under the grand larceny statute defined under VA Code \u00a7 18.2-95<\/a><\/span>. In that case, the punishment can include \u201cimprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.\u201d<\/h6>
Often times, larceny is charged under the \u201cconcealment\u201d statute, which makes it easier for the prosecution to prove its case. The statute is found under Virginia Code \u00a7 18.2-103<\/span><\/a> and makes it larceny to conceal merchandise in a store, even if the person doesn\u2019t leave the store. It also makes it larceny to alter price tags of merchandise.<\/h6>
What are the Penalties for Virginia Petit Theft?<\/h5>
Virginia Code \u00a718.2-11<\/span><\/a> sets the penalty for Class 1 misdemeanors at up to 12 months in jail and\/or a maximum $2,500 fine.<\/h6>
If it is a first-time petit theft charge, the charge may be dismissed upon participation in an informal diversion program, including an anti-theft class, and\/or completing a certain amount of community service.<\/h6>
However, there\u2019s a statute setting special penalties for multiple petit larceny convictions. Virginia Code \u00a718.2-104<\/span><\/a> sets a mandatory minimum of 30 days in jail when an individual is convicted of petit larceny and has a previous larceny conviction of any type either in Virginia or in another state.<\/h6>
A third or subsequent conviction is a Class 6 felony with penalties including one to five years in prison and\/or a maximum $2,500 fine. Judges and juries generally have the discretion to give lighter sentences of less than 12 months for this class of felony.<\/h6>
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Charged with petit larceny or shoplifting? Contact Dua Law Firm today<\/h4>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
Each and every individual deserves an effective defense when charged with allegedly committing a crime. It is one of the bedrock principles of our democracy. This is why, if you or a loved one is charged with shoplifting or petit larceny, it is so important to take action by contacting an experienced Fairfax criminal defense attorney with Dua Law Firm. Our legal team stands ready to fight for you.\u00a0<\/h6>
Call Raj Dua at (703) 382-7300 or email rdua@dualawfirm.com<\/span><\/a> for a free, confidential consultation.<\/h5>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
We’re Here To Help With Any Traffic, Divorce, Criminal or Estate Planning Matter.<\/h3>
We know how important it is to get an attorney on the case right away, so we are available via phone and e-mail 24\/7 and offer a free initial consultation. Please do not hesitate to contact us today<\/h5>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t