A shoplifting charge may seem straightforward, but it can have significant and lasting consequences if not handled correctly. Whether this is your first encounter with the criminal justice system or you have prior offenses on your record, the Law Offices of David A. Stein are here to help you understand your options and fight for the best possible outcome.
California Shoplifting Law
Under California Penal Code Section 459.5, shoplifting is defined as entering an open business with the intent to steal merchandise worth $950 or less. Following the passage of Proposition 47 in 2014, shoplifting of merchandise valued at $950 or less is classified as a misdemeanor rather than a felony in most circumstances.
However, there are important exceptions. If the value of the merchandise exceeds $950, you may face grand theft charges, which can be charged as a felony. Additionally, if you have prior convictions for certain serious or violent felonies, or a prior sex offender registration requirement, the protections of Proposition 47 may not apply to you.
Penalties for Shoplifting
A misdemeanor shoplifting conviction under Penal Code Section 459.5 can result in:
- Up to six months in county jail
- Fines of up to $1,000
- Probation
- Civil demand letters from the retailer
- A permanent criminal record
While six months in county jail may not sound severe, the permanent record that accompanies a shoplifting conviction can affect your ability to obtain employment, housing, and professional licenses for years to come. Many employers conduct background checks and treat theft-related convictions seriously regardless of the dollar amount involved.
When Shoplifting Becomes a More Serious Charge
There are circumstances in which a shoplifting incident can escalate to more serious charges:
- Grand theft (PC 487): When the value of stolen merchandise exceeds $950, the offense may be charged as grand theft, which is a wobbler and can be prosecuted as a felony.
- Organized retail theft (PC 490.4): If you are alleged to have acted in concert with others, prosecutors may elevate the charges significantly.
- Burglary: In some cases, prosecutors may attempt to charge shoplifting as commercial burglary under Penal Code Section 459, which is a more serious offense.
Your Defense Options
Attorney David A. Stein will examine every aspect of your case to build the strongest possible defense, including whether the merchandise was actually concealed or removed from the store, whether the valuation of the merchandise is accurate, whether you had the requisite intent to steal, and whether you may be eligible for a diversion program that could result in the charges being dismissed upon completion.
Call (949) 528-8057 for a free and confidential consultation.