SHOPLIFTING

What is the definition of Shoplifting in California?

Under California Penal Code 459.5, shoplifting is defined as:

Entering an open commercial establishment,
During regular business hours,
With the intent to commit a theft,
And the property taken or intended to be taken is valued at $950 or less.

Shoplifting is a misdemeanor. However, it can be charged as a felony if you have prior convictions for certain serious or violent felonies.

How is the value accounted for?

In a theft case, the value of the alleged theft matters because it can be the difference between a misdemeanor shoplifting charge, or a felony burglary. Meaning the value alleged can be the difference between a misdemeanor or a felony. Under PC 459.5, larcenies in commercial establishments that don’t fit the above criteria may be charged as burglary.

The value of multiple items can be added together to reach a total amount for the purposes od determining the value if:

multiple items were taken from the same person, or
multiple stolen items were a part of a common scheme or plan

Potential Outcomes for a SHOPLIFTING CHARGE

For misdemeanors, we may be able to come up with creative solutions to avoid a conviction, such as negotiating a dismissal, or completing a diversion program. Misdemeanors like this can also be eligible for a civil compromise, where you can earn a dismissal if you reimburse the victim of the theft. If there is a conviction, we can work to avoid jail time. For more information, contact us here.

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

0-6 months of jail
Fines of up to $1,000
Restitution
Probation
A Protective Order that keeps you away from the property where the shoplift occurred

Potential punishments for a conviction as a felony range as follows:

Up to 3 years of jail

Fines of up to $1,000
Restitution
A Protective Order that keeps you away from the property where the shoplift occurred

methods of proving SHOPLIFTING

Proving a Shoplift

For any crime, all elements must be proven beyond a reasonable doubt.

Intent

Notice that this charge does not require that an actual theft took place, but only that you enter the business with the intent to commit a theft. Therefore you can still be charged with a shoplift even if the theft is not completed.

Theft

Under PC 459.5, completing or intending to commit a “larceny” which is a theft, is an element of shoplifting. To understand a theft and the elements of proving one, read more about petty theft, here, which is a theft of $950 or less.

WHAT CAN YOU DO ABOUT A SHOPLIFTING CHARGE?

What should I do if I am accused of Shoplifting?

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 Shoplifting?

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. With misdemeanors we also may be able to get a dismissal via a civil compromise. We can walk you through what options are possible in your case.