Fighting A Shoplifting Charge in Virginia

Shoplifting is a very common crime now a days. As a Criminal lawyer, these situations are bothering if not alarming. If you're charged of shoplifting, it is a common dilemma that people would think that you are  hungry either for your basic needs or just driven by your capriciousness towards the gratification of your material desires.  But you know what, you are innocent under the law until, otherwise, proven guilty beyond reasonable by the prosecution; hence, it's not your burden to prove your innocence, it's only your duty to counter the allegations through wise presentation of evidences by your counsel and intelligible statements, not self-incriminatory claims from you in the course of trial. However, clever as it may be, but beware of tagging your unlawful act as “kleptomania” when you have no psychological record to support such alibi. The best and legal thing you can just do then is to remain silent after someone had already became loquacious shouting for help to chase and arrest you. 

At that critical moment, you are really insane if you laugh, but you're so unprofessional if you cry and let the strong impulse of nervousness condemn your own self; just stay on the same ground and relax; anyway, in criminal cases in almost all democratic states, a doubt is always in favor of the accused.  Thus, if there is doubt as to your guilt in the commission of the crime, your liberty can be rightfully upheld. Nevertheless,  if, in yourself, you know that you really are guilty, then better for you after the arrest to prepare yourself with the following consequences:

• Shoplifting or stealing of items worth more than  $200 (considered as felony) has a maximum sentence of imprisonment for 20 years;
•  If the items worth less than $200 (considered as misdemeanor), it has a  maximum sentence of  1 year incarceration. It is to be noted here that two misdemeanor offenses are tantamount to one offense which has the penalty given above.

Nonetheless, these penalties are based on the different classes of shoplifting or larceny in another term under which the degree of the crime and amount of stolen property are specified. They include (1) Grand Larceny with at least $200 or more value of property, (2) Petite Larceny with less than $200 (3) Receiving Stolen Property which can either be classified in the two preceding classes depending on the amount of the stolen goods or property, (4) Theft of Services, (5) Writing Bad Checks, and (6) Unauthorized Use of a Vehicle which are all dependent of the value of property.  

Now, say your case falls under one of the classes, how will you fight it and defend yourself from possible conviction of incarceration for the highest penalty imposed, or extinguish any liability which you can possibly do?  Well, realistically, you cannot do it yourself, but a competent defense attorney can. The first concern in your case is to establish that you had no intent to steal the item, but was only accidental when you were so busy shopping or getting items from the store or any other place. This, however, should be supported by factual circumstances or eye witnesses because the court is not ignorant about what is truthful in illusory facts or planted evidences. But in the case where it is almost impossible to deny the charge because you are caught in the act, the only best recourse for defense is for the lawyer to convincingly, not speciously, claim that the stolen items are below $200 so as to lessen your penalty. If that is successfully proven by your counsel and accepted by the judge, then you have greater chance of availing the state alternative programs such as restitution of the items to the victims and community service in exchange of incarceration penalty provided, however, that you, as an accused, would plea guilty.