It’s certainly not uncommon for someone to get caught lifting and then claim that it was an accident. However, despite the number of people who may falsely use this as an excuse, it does happen to people. Accidental shoplifting refers to a person stealing merchandise without having the intention of depriving the owner of the store of that merchandise.
The entire issue rests on the intent of the accused. If taking property by mistake or accident, a person is not guilty of theft or shoplifting. This doesn’t refer to people who meant to steal something but later claimed it was an accident – it refers to people who honestly forgot to pay for an item or otherwise accidentally took merchandise from a store without having the intent to steal from the store owner.
Examples of accidental shoplifting
Imagine that a person went into a grocery store, filled up their basket with a bunch of items, and some small items fell into a larger item. The cashier didn’t realize it and only scanned the largest item. The shopper doesn’t realize the mistake until after they’ve paid and left. The smartest thing for that shopper to do would be to return to the store and pay for the items.
This is a mistake, but is it considered accidental shoplifting or is it punishable by law? The shopper in question certainly has defense options but there may be evidence to show that she intended to steal the items. For example, if security cameras show the shopper placing the largest item on the conveyor belt in a way that seems as though they were trying to hide what they were doing, then this could be used as evidence.
Here’s another example: A person has an item that they intend to pay for but they simply walk out of the store to take an incoming phone call. According to the law, if they left the store with unpaid for merchandise, then they may be charged. However, absent evidence that the shopper purposely tried to conceal the merchandise, a conviction may be difficult.
Defense options for accidental shoplifting
As we mentioned above, the necessary part of a shoplifting conviction is proving intent. While accidental shoplifting does happen, it’s an excuse that’s used all the time. If there’s video evidence, or witnesses, then it may be hard to prove that the shopper didn’t intend to steal the items.
Depending on your case and your criminal history, your criminal defense attorney may work to have the charges dropped against you due to lack of evidence of intent. If there’s evidence that you did have intent, then we may work to have the charges reduced or to find a creative sentence. No matter your situation, our goal is to minimize the consequences for you.
To find out more about your many options, and to get started on your legal defense, contact Chambers Law Firm at 714-760-4088 right away. We are here to help you but we can’t start until you contact us for your free case evaluation.
