Is Shoplifting a Felony or Misdemeanor in Virginia?

 Posted on October 07, 2025 in Criminal Defense

When it comes to shoplifting in Virginia, a simple mistake or misunderstanding can quickly become a criminal case. Whether the charge is a misdemeanor or a felony depends on the value of the items you were accused of taking and whether you have a criminal history. Whatever the charge may be, you have the right to fight it in court. If you have been accused of shoplifting, our experienced Fairfax, VA shoplifting defense lawyers can help. We will listen closely to the details leading up to and after your arrest to build a strong defense strategy aimed at protecting your rights.

How Does Virginia Law Define Shoplifting?

Under Virginia Code § 18.2-103, shoplifting means taking or hiding store items with the intent to steal them. This includes switching price tags, hiding items in a bag or clothing, or walking out with an item without paying. The law does not stipulate that leaving the store is necessary to be charged. The prosecution can use the circumstances, no matter how innocent, to say that you concealed an item with the intent to steal it.

Intent is the center of these cases. The prosecutor must prove that you planned to take the item and not pay for it. That is something we can challenge in court.

What Is the Difference Between Misdemeanor and Felony Shoplifting in Virginia?

The main difference between misdemeanor and felony shoplifting is the value of the property and your criminal record. If the value of the stolen items is less than $1,000, the charge is usually petit larceny, a Class 1 misdemeanor under Virginia Code § 18.2-96. The penalties can include up to 12 months in jail and fines up to $2,500. Even a first offense can show up on background checks and affect job or housing opportunities.

If the value of the stolen property is $1,000 or more, it becomes grand larceny, a felony under Virginia Code § 18.2-95. A felony conviction can lead to one to 20 years in prison and large fines. Someone with two or more prior larceny convictions can also face a felony, even if the new charge is for alleged theft of a lesser value.

Prosecutors often use store video footage or witness statements to build their case. However, evidence can sometimes be unclear or unreliable. We can challenge the evidence and work to get your charges reduced or dismissed.

How Do You Fight a Shoplifting Charge in Virginia?

There are several ways to defend against a shoplifting charge. Depending on the circumstances of your case, we might argue one of the following:

• No intent to steal: You must have planned to take the item. Forgetting to pay or leaving something in your cart by accident when you leave the store may not count as shoplifting.

• Mistaken identity: Store employees or witnesses can make mistakes about who took the item.

• Not enough evidence: Prosecutors must prove their case beyond a reasonable doubt. If the evidence is weak, the case may be dismissed.

• First-offender options: If this is your first charge, you may qualify for a program that allows the case to be dismissed after you complete community service or other requirements.

Schedule a Free Consultation With a Fairfax, VA Shoplifting Defense Attorney Today

Our attorneys have over 50 years of combined experience defending clients across Northern Virginia. We are known for providing personal attention to every case and being available 24/7 for immediate support. Whether you are facing minor shoplifting charges or serious felony allegations, we take the time to explain each step of the process. We will build a strong defense and fight to protect your rights in and out of court.

Call Robinson Law, PLLC at 703-844-3746 to contact our Fairfax, VA shoplifting defense lawyers today to schedule your free consultation. Hablamos Español.