Shoplifting & Retail Theft

Understanding §18.2-103 of the Code of Virginia – Shoplifting and Larceny Offenses

Under Virginia Code §18.2-103, the Commonwealth criminalizes specific forms of theft and deception occurring in commercial settings. Commonly known as shoplifting, this statute applies to anyone who, without paying the full purchase price and with intent to convert or defraud, engages in certain behaviors involving retail merchandise.

Prohibited Conduct

A person may be found in violation of this statute if they, without proper authorization:

• Willfully conceal or take possession of merchandise from a retail store or other mercantile establishment,
• Alter price tags or markings to reflect a lower price,
• Transfer items between containers to deceive or avoid proper payment,
• Counsel, assist, or encourage another person in committing any of the above actions.

These acts must be committed with the intent to convert the merchandise to personal use or to defraud the merchant.

Presumption of Intent

Virginia law establishes that willful concealment of merchandise while still on the store premises serves as prima facie evidence—sufficient on its own to suggest criminal intent to defraud the owner. This legal presumption significantly affects how these cases are investigated and prosecuted.

Classification of Offenses

• If the value of the merchandise is under $1,000, the offense is classified as petit larceny, a misdemeanor.
• If the value reaches $1,000 or more, the offense becomes grand larceny, a felony under Virginia law, carrying much steeper penalties.

Sheryl Shane’s Approach to Larceny Defense

Cases involving alleged shoplifting or theft can hinge on minute details, such as whether intent was present, whether the accused had lawful authority, or whether evidence was properly obtained. Attorney Sheryl Shane brings decades of experience navigating these gray areas of the law.

Her defense strategies are based on:

• Challenging assumptions about intent, especially where the behavior was ambiguous or misinterpreted,
• Scrutinizing surveillance and witness evidence for inconsistencies or procedural flaws,
• Negotiating skillfully for charge reductions or dismissals where appropriate.

Ms. Shane is known for treating clients with respect and discretion, while aggressively defending their rights in court. Whether you are facing a misdemeanor or a felony, she offers the calm, competent legal guidance needed to resolve criminal allegations effectively.