{"id":3929,"date":"2019-07-15T17:00:03","date_gmt":"2019-07-15T17:00:03","guid":{"rendered":"https:\/\/www.dualawfirm.com\/?p=3929"},"modified":"2023-04-20T12:18:35","modified_gmt":"2023-04-20T16:18:35","slug":"fairfax-petit-larceny-shoplifting-defense-lawyer","status":"publish","type":"post","link":"https:\/\/www.dualawfirm.com\/2019\/07\/15\/fairfax-petit-larceny-shoplifting-defense-lawyer\/","title":{"rendered":"Fairfax Petit Larceny \/ Shoplifting Defense Lawyer"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Being charged with shoplifting may sound like a relatively mundane or minor offense. However, if you are convicted, it means you will be left with a criminal record. This record, even for a minor offense, carries significant ramifications on your personal reputation and options in the future regarding employment, education, housing, and so forth. Being charged with <a href=\"https:\/\/www.dualawfirm.com\/services\/petit-theftshoplifting\/\">shoplifting in Fairfax County<\/a> can create a personal and financial burden that extends beyond the possible jail time associated with a conviction.\u00a0<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">If you or a family member was detained for shoplifting or have been charged with petit larceny in Fairfax County, retaining effective and experienced legal counsel or <a href=\"https:\/\/www.dualawfirm.com\/services\/\">Fairfax criminal defense attorney<\/a> is extremely important. An aggressive and knowledgeable criminal defense attorney can assist you in exploring defense options for beating the charge or, at the very least, minimizing the potential impact on your life going forward.\u00a0<\/span><\/p>\n<h2><b>Overview of Shoplifting Laws in Fairfax County<\/b><\/h2>\n<p><a href=\"https:\/\/law.lis.virginia.gov\/vacode\/title18.2\/chapter5\/section18.2-103\/\"><span style=\"font-weight: 400;\">According to Virginia case law and Virginia Code \u00a7 18.2-96<\/span><\/a><span style=\"font-weight: 400;\">, petit larceny is defined as any person who takes goods of another, without their consent, with the intent to permanent to permanently deprive the owner of possession of the goods.<\/span><\/p>\n<h2><b>Overview of Shoplifting Laws in Fairfax County<\/b><\/h2>\n<p><a href=\"https:\/\/law.lis.virginia.gov\/vacode\/title18.2\/chapter5\/section18.2-103\/\"><span style=\"font-weight: 400;\">According to Virginia Code \u00a7 18.2-103<\/span><\/a><span style=\"font-weight: 400;\">, shoplifting is defined as \u201cwhoever, without authority, with the intention of converting goods or merchandise to his own or another\u2019s use without having paid the full price thereof, or of defrauding the owner of the value of the goods or merchandise:<\/span><\/p>\n<ul>\n<li><span style=\"font-weight: 400;\">(i) willfully conceals or takes possession of the goods or merchandise of any store or mercantile establishment.<\/span><\/li>\n<li><span style=\"font-weight: 400;\">(ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another.<\/span><\/li>\n<li><span style=\"font-weight: 400;\">(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><\/li>\n<\/ul>\n<h2><b>Shoplifting and Petit Larceny<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">The legal term \u201cPetit larceny\u201d encompasses many different things, including shoplifting.\u00a0 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><\/p>\n<p><span style=\"font-weight: 400;\">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><\/p>\n<p><span style=\"font-weight: 400;\">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><\/p>\n<h2><b>How to Fight Petit Larceny Charges\u00a0<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">In order to be convicted of allegedly committing larceny, a Commonwealth\u2019s Attorney has to prove, beyond a reasonable doubt, the following legal elements: You (i) took personal property, (ii) of some intrinsic value, (iii) from another person, (iv) without the owner\u2019s consent, and (v) you intended to steal the personal property.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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><\/p>\n<p><strong>Potential Defense: No Taking Occurred<\/strong><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">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. For example, in <\/span><i><span style=\"font-weight: 400;\">Britt v. Commonwealth<\/span><\/i><span style=\"font-weight: 400;\">, 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><\/li>\n<\/ul>\n<p><strong>Potential Defense: Lack of Intent<\/strong><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">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. 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><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The objective is to establish that you did not possess the requisite intent to actually steal property from another. If that fact is established, your criminal case may be dismissed.<\/span><\/li>\n<\/ul>\n<p><strong>Potential Defense: Consent<\/strong><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">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. This is basically another way of saying you lacked the intent to steal the property.<\/span><\/li>\n<\/ul>\n<h3><b>Charged with Petit Larceny or Shoplifting? Contact Dua Law Firm Today<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">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 <a href=\"https:\/\/www.dualawfirm.com\/services\/\">Fairfax criminal defense attorney<\/a> with the Dua Law Firm. Our legal team stands ready to fight for you. <\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Call Raj Dua at (703) 382-7300 or email rdua@dualawfirm.com for a free, <a href=\"https:\/\/www.dualawfirm.com\/contact-us\/\">confidential criminal defense consultation<\/a>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Being charged with shoplifting may sound like a relatively mundane or minor offense. However, if you are convicted, it means you will be left with a criminal record. This record, even for a minor offense, carries significant ramifications on your personal reputation and options in the future regarding employment, education, housing, and so forth. Being [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":5040,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[38,37],"tags":[44,45,46,47,48,49,50,51,52],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/posts\/3929"}],"collection":[{"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/comments?post=3929"}],"version-history":[{"count":1,"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/posts\/3929\/revisions"}],"predecessor-version":[{"id":5041,"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/posts\/3929\/revisions\/5041"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/media\/5040"}],"wp:attachment":[{"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/media?parent=3929"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/categories?post=3929"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dualawfirm.com\/wp-json\/wp\/v2\/tags?post=3929"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}