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Introduction

If you’re researching Virginia’s criminal laws, you may have come across VA Code 18.2-103, a statute that addresses the crime of larceny by false pretenses, shoplifting, or altering price tags. Whether you’ve been accused of violating this law or want to understand its implications, this guide will break down the essentials, common defenses, and potential penalties.

What Is VA Code 18.2-103?

VA Code § 18.2-103 is a Virginia law that criminalizes certain acts involving the theft of goods or merchandise. The law states that an individual is guilty of larceny if they:

1. Conceal or take possession of merchandise without intending to pay for it.
2. Alter price tags or transfer goods to a different container to pay less than the listed price.
3. Counsel, assist, or aid another person in committing these acts.

This statute is commonly applied in shoplifting cases but can extend to other theft scenarios involving deceit.

Key Elements of the Crime

To convict someone under VA Code 18.2-103, the prosecution must prove:

1. Intent to Steal: The accused acted with the intent to permanently deprive the owner of the goods.
2. Action: The defendant concealed, altered, or aided another in removing merchandise without payment.
3. Ownership: The goods belonged to someone else, such as a store or business.

Penalties for Violating VA Code 18.2-103

Misdemeanor vs. Felony Larceny

The severity of the penalty depends on the value of the stolen goods:

• Petit Larceny: For items valued at less than $1,000, the offense is classified as a Class 1 misdemeanor, punishable by:

  • Up to 12 months in jail
  • A fine of up to $2,500

• Grand Larceny: For items valued at $1,000 or more, the offense is a felony, punishable by:

  • 1 to 20 years in prison (or, at the court's discretion, up to 12 months in jail and/or a fine)

Additional Consequences

• Restitution: Offenders may be required to compensate the victim for the value of the stolen goods.
• Civil Penalties: Businesses can file a civil claim for damages, which may include the value of the merchandise and additional penalties.

Common Defenses Against Charges Under VA Code 18.2-103

If you’re accused of violating this law, a strong legal defense can help reduce charges or secure an acquittal. Common defenses include:

1. Lack of Intent The prosecution must prove you intended to steal. If the act was accidental or due to misunderstanding, this could negate intent.

2. Mistaken Identity In cases where surveillance footage or witness testimony is used, the defense can argue mistaken identity.

3. No Evidence of Concealment or Alteration If there’s insufficient evidence to prove that you altered price tags or concealed merchandise, charges may not hold up in court.

4. Violation of Rights If law enforcement violated your rights during an arrest or investigation, evidence may be inadmissible in court.

How VA Code 18.2-103 Affects Shoplifting Cases

Virginia retailers are aggressive in prosecuting shoplifting under this statute. Many stores use advanced surveillance systems to catch and deter theft. However, the burden remains on the prosecution to prove each element of the crime beyond a reasonable doubt.

Frequently Asked Questions

Q: Is shoplifting always a felony under VA Code 18.2-103? No, it depends on the value of the merchandise. Items worth less than $1,000 are charged as petit larceny (a misdemeanor), while those over $1,000 are charged as grand larceny (a felony).

Q: Can I face civil penalties for shoplifting in addition to criminal charges? Yes, Virginia law allows businesses to pursue civil penalties for damages caused by theft, even if criminal charges are dropped or dismissed.

Q: What should I do if accused of violating VA Code 18.2-103? Contact an experienced criminal defense attorney immediately. They can help evaluate the evidence, negotiate with prosecutors, and build a strong defense.

Why You Need an Attorney

Being accused of theft under VA Code 18.2-103 can have serious consequences, including a criminal record that may impact your job prospects, housing applications, and reputation. A skilled attorney can:

• Challenge the evidence against you
• Negotiate reduced charges or alternative sentencing options
• Protect your rights throughout the legal process

Conclusion

VA Code 18.2-103 serves as a reminder of Virginia’s strict stance on larceny and shoplifting. Understanding the law, potential penalties, and available defenses is critical if you’re facing charges.