West Virginia Larceny and Shoplifting: A Defense Guide
By J. Brandon Shumaker · Slavey & Shumaker PLLC · Morgantown, WV · Last updated October 28, 2026
Table of Contents
A theft charge can follow you long after the case ends. Employers, landlords and licensing boards often treat any theft conviction as a question about honesty, even when the amount involved was small.
At Slavey & Shumaker PLLC, our Morgantown criminal defense attorneys defend people charged with larceny, shoplifting and related offenses in Monongalia, Preston, Marion and Harrison Counties. Our office is on Chancery Row, beside the Monongalia County Courthouse. This guide explains the law as it is written today. For other theft offenses such as burglary, robbery and embezzlement, see our theft crimes page.
1. Grand Larceny and Petit Larceny
The value of the property taken decides whether simple larceny is a felony or a misdemeanor (W. Va. Code § 61-3-13):
| Offense | Value | Classification | Penalty |
|---|---|---|---|
| Grand larceny | $1,000 or more | Felony | One to 10 years in prison, or in the court’s discretion up to one year in jail and a fine of up to $2,500 (§ 61-3-13(a)) |
| Petit larceny | Less than $1,000 | Misdemeanor | Up to one year in jail, a fine of up to $2,500, or both (§ 61-3-13(b)) |
2. Receiving or Possessing Stolen Property
A person who buys or receives stolen goods from another person, helps conceal them, transfers them to someone other than the owner, or possesses them, knowing or having reason to believe they were stolen, is guilty of the larceny of those goods. The person may be prosecuted even if the person who stole the property has not been convicted (W. Va. Code § 61-3-18). Because the charge is treated as larceny, the grand and petit larceny value thresholds above generally apply.
3. What Counts as Shoplifting
A person commits shoplifting if, intending to take merchandise without paying the merchant’s stated price, he or she knowingly, alone or with someone else (W. Va. Code § 61-3A-1(a)):
- Conceals the merchandise on his or her person or in another manner
- Removes merchandise from the store or beyond the last station for payment
- Alters, transfers or removes a price marking
- Transfers merchandise from one container to another
- Causes the register to show less than the stated price
- Removes a shopping cart from the store premises
- Disputes a card-not-present credit or debit transaction after receiving the merchandise, without returning it or making other arrangements with the seller
Knowingly obtaining or attempting to obtain an exchange or refund for merchandise that was not purchased from the store is also shoplifting (§ 61-3A-1(b)).
“Conceal” means to hide, hold or carry merchandise so that it is not visible through ordinary observation, even if there may be some notice of its presence (§ 61-3A-6(b)). The “value of the merchandise” is the merchant’s stated price, or in a price-switching or register case, the difference between the stated price and the altered price (§ 61-3A-6(f)).
4. Shoplifting Penalties
| Offense | Value | Penalty |
|---|---|---|
| First offense | $500 or less | Misdemeanor; fine of up to $250 (§ 61-3A-3(a)(1)) |
| First offense | More than $500 | Misdemeanor; fine of $100 to $500, which may not be suspended, or up to 60 days in jail, or both (§ 61-3A-3(a)(2)) |
| Second offense | $500 or less | Misdemeanor; fine of $100 to $500, which may not be suspended, or up to six months in jail, or both (§ 61-3A-3(b)(1)) |
| Second offense | More than $500 | Misdemeanor; fine of at least $500 and six months to one year in jail (§ 61-3A-3(b)(2)) |
| Third or subsequent offense | Any value | Felony; fine of $500 to $5,000 and one to 10 years in a state correctional facility (§ 61-3A-3(c)) |
- Mandatory penalty to the store. In every shoplifting conviction, the court must also order the defendant to pay the store $50 or double the value of the merchandise, whichever is higher, in addition to the store’s right to recover the merchandise (§ 61-3A-3(d)).
- Counting prior convictions. Prior convictions from other jurisdictions with the same essential elements count, regardless of value, but the court may not count prior convictions that occurred more than seven years before the date of the third or subsequent offense (§ 61-3A-3(e)).
- Substance use evaluation. On a third or subsequent offense, if there is probable cause that the defendant was abusing drugs or alcohol at the time of arrest, the court must order an evaluation, and it may order treatment as part of the sentence (§ 61-3A-3(c)).
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5. Store Detention and Civil Demand Letters
Detention. A store owner, employee or law enforcement officer who has reasonable ground to believe a person has committed shoplifting may detain that person in a reasonable manner for a reasonable length of time, not to exceed 30 minutes, to investigate. A reasonable detention is not an arrest (W. Va. Code § 61-3A-4).
Civil liability. Separate from any criminal case, a person who commits shoplifting is civilly liable to the store to return the merchandise, for actual damages if it cannot be recovered or is damaged, for other actual damages (not including the store’s time or wages spent apprehending and processing the suspect), and for a penalty of $50 or double the value of the merchandise, whichever is higher (§ 61-3A-5(a)). A conviction is not required for the store to sue, but a store that has recovered the criminal penalty under § 61-3A-3 may not also recover the civil penalty (§ 61-3A-5(c)). Stores may demand payment orally or in writing before filing suit (§ 61-3A-5(d)).
6. Organized Retail Theft
Entering into a common scheme with two or more other people to shoplift merchandise with a cumulative value of $2,000 or more, intending to sell, trade or otherwise distribute it, is a felony punishable by one to 10 years, a fine of $1,000 to $10,000, or both. When the cumulative value is $10,000 or more, the penalty rises to two to 20 years, a fine of $2,000 to $25,000, or both (W. Va. Code § 61-3A-7(a), (b)). Buying or trading for merchandise known or believed to have come from such a scheme is also a felony (§ 61-3A-7(c)).
7. Diversion, Expungement and Your Record
A prosecutor may enter into a written pretrial diversion agreement with a person charged with an offense when the prosecutor considers it to be in the interests of justice. The agreement may not exceed 24 months, and a person who completes it is not subject to prosecution for the offense unless the agreement requires a plea to a related offense (W. Va. Code § 61-11-22(a) to (c)). Larceny and shoplifting are not on the statute’s list of offenses excluded from diversion (§ 61-11-22(e)), but diversion is at the prosecutor’s discretion.
A person convicted of a misdemeanor may petition for expungement one year after conviction or completion of any sentence or supervision, whichever is later, and two years after the last conviction when seeking to expunge more than one misdemeanor (W. Va. Code § 61-11-26(b)(1), (2)). A person convicted of a nonviolent felony may petition five years after conviction or completion of any sentence or supervision (§ 61-11-26(b)(3)). Whether a felony qualifies as “nonviolent” depends on the statutory definition and findings by the circuit court (§ 61-11-26(p)(5)). See our expungement page for the process.
8. Building a Defense
Every case depends on its facts. Issues we examine in larceny and shoplifting cases include:
- Intent, whether the person actually intended to take the property without paying, rather than making a mistake or forgetting an item
- Value, whether the State’s value is accurate, since value can decide whether a charge is a felony or misdemeanor and which shoplifting penalty applies
- Ownership and consent, whether the person had permission or a good-faith belief in a right to the property
- Identity, including the quality of store video and eyewitness identification
- Prior offense allegations, whether claimed prior shoplifting convictions fall within the seven-year look-back
- Knowledge, in a receiving charge, whether the person knew or had reason to believe the property was stolen
First and second offense shoplifting and petit larceny are misdemeanors, and magistrate courts have jurisdiction over misdemeanors committed in their county (W. Va. Code § 50-2-3). Felony charges proceed in circuit court. For a step-by-step look at what happens after an arrest, see our guide to the West Virginia criminal trial process.
Defending Theft Charges in Monongalia, Preston, Marion and Harrison Counties
We defend people charged with larceny and shoplifting in Morgantown and all of Monongalia County, Preston County, Marion County and Harrison County. If you cannot travel to Morgantown, we offer consultations by telephone.
9. Frequently Asked Questions About Larceny and Shoplifting in West Virginia
Speak With a Morgantown Criminal Defense Attorney Today
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving Monongalia, Preston, Marion and Harrison Counties.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.