Facing shoplifting charges in California can be overwhelming and stressful. A simple misunderstanding or mistake could lead to serious consequences, including fines, probation, or even jail time. Understanding your rights and the options available for defending against shoplifting charges is essential to protect your future and minimize the impact of the allegations.
What Is Shoplifting Under California Law?
In California, shoplifting is defined under Penal Code Section 459.5. It happens when someone enters a store intending to steal merchandise worth $950 or less. Most of the time, shoplifting is charged as a misdemeanor, but in some cases, it could lead to more serious charges.
Shoplifting doesn’t just mean walking out of a store with unpaid items. It can include actions like:
Hiding items in a bag or pocket and trying to leave the store.
Switching price tags to pay less than the actual cost.
Taking items without going through the checkout line.
If you’ve been accused of shoplifting, it’s important to know exactly what the charges involve so you can best prepare your defense.
What Are the Penalties for Shoplifting?
The penalties for shoplifting in California depend on the value of the items and whether you have a criminal record.
1. Misdemeanor Shoplifting
Most shoplifting cases are misdemeanors. If convicted, you might face:
Up to 6 months in county jail.
Fines of up to $1,000.
Community service or probation.
2. Felony Shoplifting
Shoplifting can become a felony if you have a criminal history involving serious crimes, like violent offenses. A felony conviction can lead to:
Up to 3 years in state prison.
Larger fines.
3. Civil Penalties
Even if you’re not convicted in criminal court, the store can file a civil lawsuit against you. They can ask for the value of the items taken plus additional fees.
Defenses Against Shoplifting Charges
If you’ve been accused of shoplifting, several legal defenses can help challenge the charges. An experienced attorney will review the details of your case and develop a strategy tailored to your situation.
1. Lack of Intent
Shoplifting requires intent to steal. If you accidentally left the store with unpaid merchandise, you did not commit a crime. For example, placing an item in your cart and forgetting to pay for it is not shoplifting if there was no intent to steal.
2. Mistaken Identity
Cases of mistaken identity occur frequently in retail theft accusations. Security footage or eyewitness accounts may incorrectly identify someone as the person responsible for shoplifting. If you were wrongly accused, evidence like alibis or surveillance videos can clear your name.
3. Insufficient Evidence
Prosecutors must prove beyond a reasonable doubt that you intended to steal. Weak or missing evidence, such as unclear security footage or unreliable witness testimony, can make it difficult to meet this standard.
4. Coercion or Duress
If someone pressured or forced you into shoplifting, you may have a valid defense. Demonstrating that you acted under duress can help reduce or dismiss the charges.
5. Rights Violations
Law enforcement officers and store personnel must follow proper procedures when detaining someone for shoplifting. Evidence obtained through illegal search and seizure or coercion may be inadmissible in court.
What to Do If You’re Accused of Shoplifting
Being accused of shoplifting is serious, but how you handle the situation can make a big difference.
1. Stay Calm and Cooperative
Arguing or resisting can escalate the situation. Remain calm and avoid saying anything that could be used against you later.
2. Know Your Rights
You are not required to answer questions or sign any documents without legal representation. Politely decline to make statements until you have spoken with an attorney.
3. Document Everything
Take note of details about the incident, such as the time, location, and interactions with store employees or law enforcement. This information can be helpful for your defense.
4. Contact an Attorney
A criminal defense attorney can review your case, explain your options, and represent you in court. Early legal representation improves your chances of achieving a favorable outcome.
Alternatives to Jail for Shoplifting Offenses
California offers alternatives to jail for first-time offenders or those facing minor charges. These options may help you avoid a conviction or reduce penalties:
1. Pretrial Diversion Programs
Some counties offer diversion programs for low-level offenses like shoplifting. Successful completion of the program, which may include counseling or community service, can result in dismissal of charges.
2. Plea Bargains
Your lawyer might negotiate with prosecutors to lower the charges. For example, they could work to have a misdemeanor reduced to an infraction.
3. Restitution Agreements
Paying restitution to the store for the value of the stolen merchandise can demonstrate accountability and potentially lead to reduced penalties.
How an Attorney Can Help
Hiring an experienced criminal defense attorney is one of the most important steps you can take after being accused of shoplifting. A skilled attorney provides critical support throughout the legal process, helping to protect your rights and minimize the long-term impact of the charges.
Here’s how an attorney can assist:
Reviewing the Evidence
Your attorney will carefully examine the evidence against you to identify weaknesses in the prosecution’s case. This may include questioning the reliability of witness testimony, reviewing surveillance footage, and ensuring all evidence was obtained legally.
Building a Strong Defense
An attorney develops a tailored defense strategy based on the specifics of your case. They can challenge claims of intent, raise doubts about the evidence, or present alternative explanations for the incident.
Negotiating with Prosecutors
Your lawyer can negotiate directly with prosecutors to seek reduced charges or penalties. For instance, they might secure a plea deal that lowers a misdemeanor to an infraction or arranges for a diversion program instead of jail time.
Protecting Your Rights in Court
If your case goes to trial, an attorney will represent you in court, presenting your defense clearly and persuasively. Their advocacy ensures a fair trial and protects you from procedural violations.
Minimizing Long-Term Consequences
Shoplifting charges can leave a lasting mark on your criminal record, affecting your ability to:
Find employment, particularly in retail or financial roles.
Rent an apartment or secure housing.
Obtain certain professional licenses.
By effectively defending against the charges, an attorney can help reduce or avoid these long-term impacts, protecting your future opportunities.
Fighting shoplifting accusations with a knowledgeable attorney by your side can make a significant difference in the outcome of your case. Their skills and commitment to your defense give you the best chance at a favorable resolution and provide support during this challenging time.
If you are facing shoplifting charges, our attorneys at Corrigan Welbourn Stokke, APLC are here to provide compassionate and knowledgeable representation.
Call us at (949) 251-0330 or submit an online form to learn what you're facing and how you can fight your charges.