Jail time is a possibility for shoplifting charges.
Shoplifting — the act of entering a business with the intent to steal merchandise — may not seem like that big of a deal. Yet it is a crime under California law. And even for first-time offenses, you could spend time in jail if you are convicted of shoplifting.
According to a criminal defense lawyer San Bernardino, CA, shoplifting has three elements:
- Entering a commercial establishment;
- While that establishment is open during normal business hours;
- With the intent to steal property worth $950 or less.
Significantly, a shoplifting charge does not require that you actually take anything. It only requires that you enter into an open business with the intent to steal. Even if you don’t take anything, you could still be charged with shoplifting. On the other hand, if you walk into the store without an intent to steal, you cannot be charged with shoplifting (although you may be charged with petty theft if you leave the store with something).
So what happens if you are charged with shoplifting? This crime is a wobbler offense, which means that it may be charged as either a misdemeanor or a felony, depending on the facts of the case and your criminal history. As a misdemeanor, shoplifting can result in misdemeanor (summary) probation, up to six months in county jail and/or a fine of up to $1,000. If it is charged as a felony, shoplifting may lead to felony (formal) probation, between 16 months and 3 years in county jail, and/or a fine of up to $10,000. Shoplifting is usually charged as a felony when a defendant has a prior conviction for a serious or violent offense.
The question that many clients accused of shoplifting have for their criminal defense lawyer San Bernardino, CA is whether they will go to jail. While there are no guarantees, it is unlikely that a person charged with first-time misdemeanor shoplifting will go to jail, unless there are extreme circumstances. However, it is always possible that a person convicted of this crime could go to jail for up to 6 months. That is why it is so important to hire an experienced lawyer who knows how to handle these cases.
In many — but not all — shoplifting cases, the offense is caught on store security cameras. In those situations, a skilled criminal defense lawyer San Bernardino, CA can work with the prosecutor to work on a favorable plea deal that will help you avoid jail time. In some cases, a civil compromise, where you agree to repay the business in exchange for the business not pressing charges, may also be arranged. Importantly, the prosecutor is not required to abide by a civil compromise, so charges may still move forward even with a civil compromise in place.
If you have been charged with shoplifting or another crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
