Possible Outcomes in Shoplifting Cases in Virginia
A person charged with a 1st offense shoplifting case will usually have several options for how their case will be handled. If the value of the stolen item was over $200, the charge will be brought as a felony grand larceny in violation of Virginia Code 18.2-95. One possible defense strategy is to challenge the government's case on the merits, arguing that the defendant is not guilty of shoplifting or that the prosecution cannot prove that fair market value of the item was actually more than $200, so the charge should be reduced to a misdemeanor petit larceny (18.2-96) instead. Even without good factual defenses, we are often able to strike a plea bargain in which the charge would be reduced a misdemeanor shoplifting with no active jail time.
Sometimes however, difficult choices must be made. Depending on the facts and circumstances of the case, it is possible that the only way a prosecutor will agree to reduce the charge to a misdemeanor is if the defendant agrees to serve some time in jail in exchange for that reduction. The only other option might be to go to trial or plead guilty to the felony without any agreement from the prosecutor, in which case the judge probably would impose a sentence of probation without any active jail or prison sentence.
The choice for the defendant in that situation is whether it is better to accept the consequences of a felony shoplifting conviction, if it means not going to jail, or is it better to accept some time in the county jail in exchange for having a misdemeanor instead of a felony. A misdemeanor shoplifting charge still has consequences on a criminal record, but they are not nearly as significant or long lasting as the consequences of a felony shoplifting charge. This is a difficult and potentially life-altering decision. It should be made with the assistance of counsel you can trust to guide you toward the choice that is best for you.
At the Sprano Law Firm, our first goal is to provide you with a choice between the best possible alternatives. In the majority of felony shoplifting cases we have handled, our clients have been given the option of a reduction to a misdemeanor with no active jail time. When this is not possible, our lawyers will work to keep the jail time to a minimum and argue for alternative sentences like weekends in jail, work release, or house arrest if deemed appropriate. Most importantly, you can trust us to give you sound advice and counsel when making what may be one of the most difficult decisions you will ever face.
If you have been charged with a Shoplifting offense, contact us today for a free consultation to discuss your options. We are conveniently located near the Fairfax County Courthouse. Our office open for appointments 8:30-5:30, Monday - Friday, and we are available by phone (703-763-0979) and email after hours and on weekends..
