If you are facing a shoplifting charge in Virginia, you may wonder if the charge can be dropped or reduced. Shoplifting, which is categorized under larceny, is a serious offense that can lead to significant penalties including fines, jail time, and a criminal record. However, there are scenarios where the charge can either be reduced to a lesser offense or dropped entirely. This outcome depends on the details of your case, the evidence presented, and the legal strategy used by your defense attorney. In this article, we will explore how shoplifting charges are handled in Virginia and the possibilities for reducing or dismissing these charges.
What Is Shoplifting and How Are Charges Handled in Virginia? 
In Virginia, shoplifting is considered a form of larceny. Larceny is the unlawful taking of someone’s property with the intent to permanently deprive the owner of it. This can apply to merchandise taken from a retail store, which is what shoplifting generally refers to. Virginia law classifies shoplifting under larceny, and the charge can either be a misdemeanor or felony depending on the value of the stolen goods.
If the goods are valued at less than $1,000, the charge is typically considered a misdemeanor. If the value of the stolen goods exceeds $1,000, the charge could be elevated to a felony. The penalties for these crimes vary, but a misdemeanor conviction can result in jail time, fines, and a permanent criminal record. A felony conviction comes with even more severe consequences, such as long-term imprisonment and larger fines.
How Can a Shoplifting Charge Be Dropped?
One of the first questions many people facing a shoplifting charge ask is whether the charge can be dropped entirely. While it’s not always possible, there are some instances where charges may be dismissed.
Lack of Sufficient Evidence
For a shoplifting charge to hold, the prosecution must present enough evidence to prove that you committed the crime. If the evidence is weak or insufficient, the prosecution may not be able to establish beyond a reasonable doubt that the theft occurred. If the evidence against you is lacking, your lawyer might be able to get the charges dropped or reduced.
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Errors in Procedure or Law Enforcement Violations
If the arresting officers violated your rights during the investigation or arrest, the evidence they gathered could be ruled inadmissible in court. For instance, if your Miranda rights were not read to you properly, any statements you made to police could be excluded. In such cases, a criminal defense attorney might argue that the case should be dismissed.
Lack of Intent
Virginia law requires that the defendant must have the intent to permanently deprive the store or the owner of the goods. If you can demonstrate that there was no intent to steal, perhaps because of a mistake or misunderstanding, the charge could be dismissed. For example, if you accidentally walked out of the store without paying for an item, it may be possible to argue that the necessary intent for shoplifting was not present.
Pretrial Diversion Programs for First-Time Offenders
In some cases, a shoplifting charge can be dismissed if the defendant is a first-time offender and agrees to participate in a pretrial diversion program. These programs often require the defendant to complete community service, attend counseling or education programs, or make restitution for the stolen property. Upon successful completion of the program, the charge may be dropped. This is more common for minor shoplifting offenses or those involving smaller amounts of merchandise.
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Can the Charge Be Reduced in Virginia?
Even if a shoplifting charge cannot be dropped entirely, there is still the possibility of reducing the charge to a lesser offense. A skilled defense attorney can negotiate with the prosecution to reduce the severity of the charges, which can result in lesser penalties and a more favorable outcome.
Reduction from a Felony to a Misdemeanor
If you are facing felony shoplifting charges, it is possible to have the charge reduced to a misdemeanor through plea negotiations. To accomplish this, your attorney must present a strong argument, highlighting mitigating factors such as lack of a criminal history or personal circumstances. The prosecution may agree to reduce the charge to a misdemeanor in exchange for a guilty plea or other considerations. This reduction is more likely if the value of the stolen goods is closer to $1,000, as the charge may have been elevated due to the value of the merchandise.
Plea Bargaining for a Lesser Sentence
In many cases, shoplifting charges can be reduced as part of a plea bargain. A plea bargain is an agreement between the defense and the prosecution where the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence. For example, a defendant may plead guilty to petty larceny (a lesser offense) instead of felony shoplifting, which would result in a reduced penalty. While a plea bargain typically requires the defendant to plead guilty to some charge, the penalty for a lesser charge can be significantly less severe than the original charge.
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First-Time Offenders and Diversion Programs
As mentioned earlier, Virginia offers pretrial diversion programs for first-time offenders. If you qualify for such a program, the prosecution may agree to reduce the charges or even dismiss them after successful completion of the program. These programs are designed to give first-time offenders a chance to avoid a criminal record, but they require that you comply with the program’s requirements. Completion of these programs may result in a reduced charge or no conviction at all.
What Can You Do to Improve Your Chances of a Reduced or Dismissed Charge?
If you are facing a shoplifting charge in Virginia, it is crucial to take certain steps to improve your chances of a favorable outcome.
Hire an Experienced Criminal Defense Attorney
The most important step you can take is to hire an experienced criminal defense attorney who is familiar with shoplifting cases in Virginia. A knowledgeable attorney can assess your case, review the evidence, and develop a defense strategy tailored to your circumstances. They will be able to explore every avenue to get the charge dropped, reduced, or mitigated.
Gather Evidence and Documentation
If you have any evidence that could help your case, such as surveillance footage showing you accidentally leaving the store without paying or receipts that demonstrate you did not steal the merchandise, make sure to bring it to your attorney’s attention. Any supporting evidence could play a critical role in having the charges dropped or reduced.
Cooperate with Legal Counsel
Your defense attorney will guide you through the legal process and help you make informed decisions. It’s essential to follow your attorney’s advice, whether it’s related to negotiations or preparing for trial. Cooperation with your legal team is vital to achieving the best possible outcome.
Consider Plea Deals for Lesser Penalties
If you are offered a plea deal, your attorney will help you understand the advantages and disadvantages of accepting or rejecting it. While it may involve pleading guilty to a lesser charge, it can help avoid the more severe consequences of a conviction for felony shoplifting. Weighing the options carefully with your attorney is crucial to determining if a plea deal is in your best interest.
The Importance of Legal Representation in Shoplifting Cases
Being charged with shoplifting in Virginia can lead to serious consequences. However, with the right legal representation, you may be able to have the charge dropped, reduced, or mitigated. A defense attorney can negotiate with the prosecution on your behalf and ensure that your rights are protected throughout the legal process.
At NovaLegalGroup, P.C., our criminal defense attorneys are experienced in handling shoplifting and other larceny charges in Virginia. We understand the nuances of Virginia’s legal system and will work tirelessly to help you achieve the best possible outcome. If you have been charged with shoplifting, don’t hesitate to contact us for a consultation and let us help you navigate this challenging time.
If you are facing a shoplifting charge in Virginia, reach out to NovaLegalGroup, P.C. for experienced legal assistance. We will review your case and help you understand your options. Call us today to schedule a consultation.