ORGANIZED RETAIL THEFT

Definition of Organized Retail Theft

Under California Penal Code 490.4, Organized Retail Theft can be charged when the allegations are any of the following:

Acting in concert with one or more person to either:
- Steal merchandise from a merchant or market place (in person or online) with intent to sell, exchange or return it for value; or
- Receive, purchase, or possess such merchandise, knowing or believing it to have been stolen
Acting as an agent of another or group of individuals to steal merchandise from a merchant or market place (in person or online) as part of an organized plan to commit theft.
Recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake any of the acts described above or other theft of merchandise.

This offense is a wobbler, meaning it can be charged as a felony or a misdemeanor depending on the allegations and your criminal history.

Organized Retail Theft vs. Regular Theft

Organized Retail Theft is very similar to Shoplifting, Petty Theft, or potentially Grand Theft. So what makes them charge it as Organized Retail Theft? The reviewing District Attorney will look at the circumstances; factors like whether there is evidence you were working with others, there was a larger conspiracy, or even whether the goods were of the type and in the amount that it is likely the intent was to resell them for value.

Potential Punishments for Organized Retail Theft:

Potential punishments for a conviction for this charge range as follows:

Felony:

Up to 3 years in prison
- or more depending on enhancements, history, or value of stolen property
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms
A Restraining Order with the merchant

*For felonies, the sentence can be increased starting from 1 year if the value is 50,000 or or more; going up to 4 years for a value over 3,000,000 and one more year for each additional 3,000,000.

Misdemeanor:

Up to 1 years in jail
Fines of $0-$1,000 and Restitution
Probation
A Restraining Order with the merchant

WHAT CAN YOU DO ABOUT A CHARGE FOR ORGANIZED RETAIL THEFT?

What should I do if I am accused of Organized Retail Theft?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Organized Retail Theft?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.