If you’ve been accused of shoplifting or any other theft-related crime in California, the consequences can be far more serious than you might expect. A conviction could jail time, fines, and a permanent mark on your record. Don’t face these charges alone! Speak with an experienced criminal defense lawyer right away to help build a strong defense. Continue reading to learn more about the legal consequences of shoplifting in California.
An Overview Crime of Shoplifting Crime Under California Penal Code 459.5
California Penal Code 459.5 defines the law for shoplifting, and it states:
“Shoplifting is defined as entering a commercial establishment with an intent to commit larceny while it’s open during regular business hours and the value of the property taken, or intended to be taken, is $950 or less.”
To prove shoplifting, prosecutors must show that a person:
- Entered a store or other open business,
- During normal business hours, and
- Did so with the intent to steal property worth $950 or less.
All three of these elements must be proved beyond a reasonable doubt. Shoplifting is usually a charged misdemeanor, carrying penalties of up to six months in county jail and a fine of up to $1,000.
The Difference Between Shoplifting and Other Theft Related Charges
While shoplifting applies to theft from a commercial business during open hours, petty theft under California Penal Code 484 applies to the unlawful taking of someone else’s property valued at $950 or less, regardless of where it happens. For example, if prosecutors cannot prove intent at the time of entering a store, they will not prosecute the crime under shoplifting but may pursue the lesser charge of petty theft instead.
When the value of the stolen property exceeds $950, the offense becomes grand theft. Grand theft is a more serious charge and can be prosecuted as either a misdemeanor or a felony. Theft-related charges may also extend into burglary, which involves entering a structure with the intent to steal or intent to commit a felony. Second-degree burglary, often called commercial burglary, occurs in non-residential buildings, and may be charged as a misdemeanor or felony. First-degree burglary, or residential burglary, applies when someone enters an inhabited home and is always a felony.
The distinctions of these various crimes determine whether a theft case is charged as a minor misdemeanor or a serious felony with significant prison time. If you are charged with a theft crime in California, you will want an attorney to advocate to try to get your charges down to a lesser offense.
Defenses to a Shoplifting Charge
Although shoplifting is often treated as a misdemeanor, a conviction still carries lasting consequences. Fortunately, several defenses may be available, depending on the facts of the case, including:
- Lack of Intent: Prosecutors must prove that the defendant entered the store intending to steal. If the evidence does not show intent to shoplift at the time of entry, the charge may be reduced or even dismissed.
- Accident or Mistake: A person may have taken an item unintentionally, such as forgetting it was in a shopping cart or bag without paying for it. Without proving the element of intent, however, there is no shoplifting.
- Ownership or Right to Possession: If the accused believed the property was theirs, or had permission to take it, that belief can be a defense.
- False Allegations: Sometimes accusations arise from misunderstandings, personal disputes, or errors by store employees or security personal. Demonstrating that the charge was based on a false claim can be a strong defense. You will want your attorney to seek out any potential witnesses and subpoena any security footage in a timely manner.
Each defense must be tailored to the unique facts of the case, and an experienced attorney can evaluate which approach is best for you.
Contact The Law Office of Nicolai Cocis for Help in Your California Shoplifting Case
If you are facing shoplifting charges in California, then you should seek legal advice immediately. The Law Office of Nicolai Cocis has over 25 years experience in getting theft-related charges reduced or dismissed. Potential defense strategies often focus on intent, ownership, or mistaken identity. The stakes for theft offenses range from minor misdemeanors to serious felonies. Contact our top-rated California criminal defense firm today to schedule a free consultation.
