Learn how to distinguish between shoplifting and other theft crimes.
To many people, shoplifting may seem like a minor crime. Yet in California, it has very real consequences. Shoplifting is a crime in California — and can even be charged as a felony in some circumstances.
According to a shoplifting lawyer in Huntington Beach, CA, the crime of shoplifting was created in 2014 by Proposition 14. Before that time, what is now considered shoplifting was charged as burglary. It is defined as:
- Entering a commercial establishment with the intent to commit larceny
- While that establishment is open during regular business hours;
- Where the value of the property that is taken or intended to be taken does not exceed $950
Under this law, any other entry into a commercial establishment with intent to commit larceny — such as going in after-hours, or stealing goods valued at more than $950 — is considered burglary.
A critical part of the shoplifting statute is that it requires a person to have an intent to steal something when you enter the establishment. If you don’t have an intent to take anything when you walk into the store, then you are not guilty of the crime of shoplifting. However, if you enter an establishment with an intent to steal — even if you don’t succeed in your plan — then you can still be charged with shoplifting.
Shoplifting is typically charged as a misdemeanor, punishable by up to 6 months in county jail and/or a fine of up to $1,000. However, for individuals with specific prior convictions on their records (such as those that require you to register as a sex offender), then shoplifting can be charged as a felony. The penalties for this offense include up to 3 years in county jail, formal probation, and/or a fine of up to $10,000.
There are a number of potential defenses to this offense. A skilled shoplifting lawyer in Huntington Beach, CA may argue that you lacked the intent to steal anything. As noted above, if you did not have an intent to take anything at the time that you entered the store, then you are not guilty of the crime of shoplifting. Alternatively, you may have been falsely accused of shoplifting, your attorney may be able to get the charges dismissed.
Shoplifting charges are similar to other theft offenses in California, such as grand theft and petty theft. Grand theft is charged when the property taken is valued at more than $950, or taken directly from a person. Petty theft involves property valued at $950 or less. The distinction between these charges and shoplifting is that they involve the actual act of stealing the property, while shoplifting involves entering an establishment with the intent to steal property. If an individual does succeed in stealing property from a store, then they may be charged with petty theft or grand theft (depending on the value of the items) — but they cannot be charged with both shoplifting and a theft charge for the same offense.
If you are facing criminal charges for shoplifting or a related crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced shoplifting lawyer in Huntington Beach, CA.
