What Are The Consequences Of Petit Theft In Fairfax County?
What are the laws regarding petit theft and shoplifting in the state of Virginia, and more specifically in Fairfax County? Learn how a lawyer can help to dismiss charges, or get alternative sentencing for this misdemeanor offense.
Definitions& Elements of the Crime
Petit theft is also known as shoplifting, petit larceny or larceny, and it’s defined as:
- When someone steals money from someone in-person, and it’s valued at less than $5.
- When someone steals goods or services valued at less than $200.
- One of the common denominators of this crime is to prove intent.
Petit larceny is also considered to be a Class 1 misdemeanor.
What Are The Penalties for Petit Theft?
The possible penalties for petit theft include up to $2,500 and/or up to one year in jail, for first time offenders. Grand theft convicts on the other hand, face up to 20 years imprisonment.
In addition to these fines, the defendant may be ordered to pay victim restitution to the owner, in the amount of the value of goods stolen, and litigation fees initially paid by the petitioner or retail store owner.
By now readers may realize that any other theft besides petit larceny is considered grand theft. Grand theft is the deliberate stealing of goods or services worth more than $200. There are also other types of larcenies outlined by Virginia law, which include the theft of animals or poultry, theft of bank notes; theft of public records; or embezzlement as a few examples.
How Is Shoplifting Different From Theft?
Shoplifting is considered to be the act of intentionally hiding merchandise, or changing the price of merchandise in a store. The penalties are the same as petit theft, if goods are valued under $200. Under Virginia Concealment laws, employees or supervisors can detain suspects for up to an hour, until law enforcement arrives.
Example of Arrest: Jane visits a store with her toddler son who slyly picks up a toy. The exhausted mother had no intent of walking out the store without paying for the merchandise, but is consequently arrested. Is this considered theft, or does Jane have a fighting chance to head to trial, plead not guilty, and win?
A lawyer can intercept, even before the case goes to trial to determine if charges should even be filed. Some of the top defenses for petit larceny are discussed below.
Top Defenses for Petit Larceny
Some of the common defenses include:
- Mistaken Identity – the person who stole the goods was not you, but someone else.
- False Accusations – there was nothing stolen.
- You’re The Owner – the item or service belongs to you.
- You Were Given Permission to Take – the owner granted verbal or written consent for you to take and retain the item in question.
In Fairfax, there is a first offender program available to those individuals who have no previous convictions for any theft offenses. Under the program, the case is continued for 6 months. During that time you are required to stay out of the store, remain on good behavior and violate no other laws, and complete 50 hours of community service. If you are successful with all those requirements the case is dismissed at the conclusion.
The result means that you avoid a conviction and that you can check “No” on any job or school applications that ask if you have ever been convicted of a crime. However, the charge doesn’t disappear completely, nor are you eligible for an expungement. In many cases it is the best possible result, although it is not a perfect one.
