This time of year, shoplifting often increases as some people feel pressured to give gifts they can’t afford to buy and others see an easy opportunity to grab something off a shelf and pocket it because they think no one will notice amid crowds of holiday shoppers.
In recent years, retail thefts have become much more organized, destructive and even violent in some cases. These “smash-and-grab” and other thefts by large groups of people cost retailers from small mom-and-pop stores to big box retailers millions of dollars a year. Many states, including Virginia, have updated their laws to address organized retail theft.
There are a lot of parties involved in organized retail theft – from those who plan it to those who knowingly buy stolen goods. It’s easy for people to get caught in the middle as one of the people who goes in and actually steals merchandise. The penalties for all can be serious.
Who can face an organized retail theft charge?
In order to target and penalize those who are involved in multiple thefts, Virgina’s organized retail theft law states that anyone “who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period” is committing this offense, which is a Class 3 felony.
The law also covers anyone who is an “organizer, supervisor, financier, leader, or manager” of a retail theft and anyone who receives items taken in one of these thefts “while knowing or having reasonable grounds to believe the property was unlawfully obtained.”
In addition to facing a felony charge for involvement in a retail theft, a person could find themselves facing additional and even more serious charges for destruction of property and any injuries or deaths that occur in the course of a theft.
Some Virginia lawmakers and criminal justice advocates have worked to get this law repealed. They argue that it unfairly punishes those who are poor and/or have addiction issues and need the money they get for taking part in these thefts to survive. So far, the calls for repeal haven’t succeeded.
If you’re facing charges related to organized retail theft, it’s crucial to take them seriously. Having legal guidance can help you protect your rights.