Shoplifting Laws in California

What Crime Will I Be Charged With if I’m Arrested for Shoplifting in California?

Shoplifting Laws in California

From a kid sneaking a candy bar from below the checkout counter to a thrill-seeking adult stuffing an expensive shirt in their bag at the mall, shoplifting happens every day. However harmless it might seem, a charge of shoplifting can have serious legal consequences in California. Even worse, specific shoplifting incidents may result in felony charges.

What Is the Legal Definition of Shoplifting?

When people say the word “shoplifting,” they’re usually just talking about stealing merchandise from a retail store in general. The items stolen can be cheap or pricey, and they can be taken from any store at any time. In everyday language, shoplifting just means “lifting” an item from a shop.

The law in California, however, has a specific legal definition of what constitutes this offense. To commit the crime of shoplifting in California, you must do all of the following:

  • Enter a retail store
  • While the store is open during regular business hours
  • With the intent to commit theft
  • Take or intend to take merchandise valued at $950 or less

To prove a charge of shoplifting, the prosecutor must prove all four of these factors. If all four elements do not apply to your case, you may be charged with something other than shoplifting.

In California, shoplifting is a misdemeanor offense unless you have certain prior felony convictions or previous crimes requiring registration on the sex-offender list. If either of those conditions applies, shoplifting may be charged as a felony.

The $950 Property Limit for California Shoplifting

California statutorily caps shoplifting charges at $950. If you enter an establishment intending to take some merchandise, and the merchandise you take or plan to take is less than $950, you can be charged with misdemeanor shoplifting. If it is your first offense, a conviction can lead to up to six months in prison and a $1,000 fine.

The $950 limit is a hard and fast rule. If the merchandise’s value exceeds $950 by as little as one penny, California’s shoplifting statute no longer applies. If you enter a store with the intent to steal property worth more than $950, you can be charged with burglary instead of shoplifting.

When “Shoplifting” Can Be Charged as Burglary

While lifting items worth less than $950 is a misdemeanor in California (if you don’t have prior convictions), first-degree burglary is always a felony. Second-degree burglary offenses are “wobblers” in California and can carry either a felony or a misdemeanor charge.

What you might consider shoplifting can be charged as a burglary in any of the following situations:

  • You took or intended to take property worth $950 or more.
  • The establishment was closed when you entered it.
  • You entered the building outside of regular business hours.

In California, a prosecutor cannot charge you with both shoplifting and burglary for the same incident. As long as your actions fall within the shoplifting statute, the offense must only be prosecuted as shoplifting and cannot be charged as burglary or theft.

A skilled criminal defense attorney in California can help if you or a loved one has been charged with shoplifting or burglary. The government is required to prove multiple elements to convict you of shoplifting, and a defense attorney can ensure your charges fit the actions you are accused of committing and help avoid any excessive felony charges.

Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced shoplifting defense attorney in Los Angeles, CA.

.
Call Us Today