It may sound like something out of a movie but it does happen: A person accidentally shoplifting. Otherwise known as petty theft, California law has strict penalties for shoplifting. If the merchandise is worth $950 or less than it’s a misdemeanor and charged as petty theft. On the other hand, if the value of the merchandise taken is more than $950 then it becomes grand theft, which can be prosecuted as either a misdemeanor or a felony.
It is possible to accidentally shoplift
California criminal law considers shoplifting to be taking merchandise from a store and not paying for it. It’s common for people to immediately claim it was a mistake or an accident and to offer to pay for the item. The truth is that these people often knew exactly what they were doing and are simply trying to get out of trouble.
However, sometimes shoplifting really is an accident. His can happen when a person takes merchandise from a store but didn’t have the intent to deprive the store owner of the items. The entire issue rests on intent. If a person takes something by mistake or accident then it’s not theft.
Examples of accident shoplifting
Let’s imagine a situation in which a person walked into a store and filled her cart with items she’d intended to buy. One of the largest items ended up with smaller items falling into it. The cashier didn’t notice and the shopper didn’t notice that the items weren’t rung up. After she’s left, the shopper realizes that she didn’t pay for them. What she needs to do from a legal standpoint is to return to the store and pay for the items.
Another example is a person carrying something through the store that they intend to pay for. However, they have a lot on their mind and simple walk by the cash register to take a phone call. If a security guard was there, they’d have every right to detain the person and question them. However, without proof that the alleged shoplifter had made any effort to conceal the merchandise, he likely wouldn’t be convicted.
There are several legal defenses to accidentally shoplifting
The sad truth is that the police and security guards hear “it was an accident” so many times that they’re unlikely to believe it. This is where cameras can come in handy. If we can show that a person took an item and placed it in their basket to pay for it, then they are more likely to get off than if the camera footage shows them looking around before sliding it into their pocket.
If you’ve been charged with any theft crime then you deserve a qualified criminal defense attorney on your side. That’s where Chambers Law Firm comes in. Contact us today at 714-760-4088 for your free legal consultation. We will fight aggressively to ensure that your legal rights are respected and for the best possible outcome for your case.
