Organized retail theft has become a major enforcement priority for law enforcement agencies and prosecutors throughout California. What might appear on the surface to be a shoplifting incident can quickly be elevated to serious felony charges when prosecutors allege coordination or a pattern of conduct. If you are facing organized retail theft charges, Attorney David A. Stein has the experience and resources to mount an aggressive defense on your behalf.
What Is Organized Retail Theft?
California Penal Code Section 490.4, enacted in 2021, specifically addresses organized retail theft. Unlike simple shoplifting, organized retail theft involves acting in concert with one or more other people to steal merchandise from retail establishments. The law covers:
- Acting with one or more persons to steal merchandise from a store
- Receiving, purchasing, or possessing merchandise known to have been stolen from a retail establishment as part of a coordinated scheme
- Conspiring to steal merchandise from multiple stores as part of a theft ring
- Using fear or force in connection with retail theft
The distinction between shoplifting and organized retail theft is significant. Simple shoplifting of merchandise worth $950 or less is typically a misdemeanor under Proposition 47. Organized retail theft, by contrast, is a wobbler that can be charged as a misdemeanor or a felony, and prosecutors have been increasingly willing to charge these cases as felonies.
Penalties for Organized Retail Theft
- Misdemeanor: Up to one year in county jail and fines
- Felony: Sixteen months, two years, or three years in state prison
- Repeat offenders face enhanced penalties
Additional charges such as conspiracy, receiving stolen property, or grand theft may be filed alongside organized retail theft charges
Building Your Defense
Prosecutors pursuing organized retail theft charges often rely heavily on surveillance footage, cell phone records, witness statements, and evidence of prior thefts. Attorney David A. Stein will analyze all of the evidence against you to identify weaknesses in the prosecution’s case, including:
- Whether you were actually acting in concert with others or independently
- Whether the identification of you as a participant is reliable
- Whether evidence was gathered lawfully
- Whether the value of the merchandise alleged has been accurately calculated
Call the Law Offices of David A. Stein at (949) 528-8057 for a free consultation.