Spotsylvania Shoplifting Penalties

The penalties for a shoplifting conviction in Spotsylvania depend upon the value of the items that were taken or attempted to be taken. Virginia has a felony threshold of $500, which means that anything valued at $500 or more that is taken from a store constitutes a felony charge. If a shopping conviction results in a felony charge, the convicted individual may face one to 20 years in prison. If the convicted individual took or attempted to take merchandised valued at less than $500, he or she will be convicted of a Class One misdemeanor punishable by up to 12 months in jail.

A second-time offender will certainly be treated more harshly. However, although a second shoplifting offense under $500 is still considered a Class One misdemeanor, it is likely that the offender will get some kind of jail time if he or she is convicted.

Having an experienced Spotsylvania shoplifting lawyer is important as he or she can help to explain the nature of the offense and the burden of proof that must be met by the government in order to secure a conviction for that offense. The lawyer will also be able to determine if there are any available defenses for the charged individual and to make him or her feel confident that, no matter the circumstances, the lawyer will put forth every effort to try to prevent a conviction or harsh sentencing.

Felony Charges

Felony shoplifting can arise in one of two ways. First, an individual charged with shoplifting will be charged with a felony if the value of the item or items that he or she took or attempted to take exceeded $500. However, an individual may also be charged with felony shoplifting if he or she has two prior theft-related offenses in his or her criminal history. In this way, a third offense is automatically a felony regardless of the value of the items.

Prosecutor’s Proof

The prosecutor will need to prove that the person intended to steal an item and that he or she did, in fact, steal that item or that he or she did, in fact, conceal that item with the intent to steal. Although the prosecutors do have the benefit of a presumption of intent, based upon the defendants’ behavior and actions, presumptions are rebuttable. Therefore, the simple fact that the prosecutor may presume intent does not necessarily mean that the case will result in a conviction.

Possible Probation or Reduced Sentence Options

The Code of Virginia does provide an opportunity for a person who is charged with shoplifting as a first time offender to try to have that charge kept off of his or her criminal record by virtue of completing some community service or, perhaps, a shoplifter prevention course. However, not every judge will grant such programs and not every prosecutor will concede such programs are appropriate. While these options do exist, they are not guaranteed; both the assistance and knowledge of an experienced Spotsylvania shoplifting lawyer are essential in ensuring a greater likelihood of securing the benefit of such programs.