Why Do I Need a Lawyer for Shoplifting?
Shoplifting seems like a relatively minor offense, but after a conviction, California law calls for serious consequences that could have long-term effects on your daily life. Whether it’s your first offense or you have a previous conviction, being arrested for shoplifting should not be taken lightly.
Under California law, shoplifting penalties can range from fines to potential jail time. An experienced criminal defense lawyer will protect your rights and give you the best chance of clearing your name or minimizing the legal repercussions.
Why You Need a Defense Lawyer to Handle Your Shoplifting Case
Given the potential for both immediate and long-term consequences, hire a defense lawyer to handle your shoplifting case. An experienced attorney will help by:
Protecting Your Legal Rights
Many people do not fully understand their rights. You have several rights even after an arrest. This includes the right to remain silent and the right to legal representation. Your defense lawyer ensures that law enforcement follows the proper procedures and that they do not violate your constitutional rights.
Evaluating Your Case and Formulating a Strategy
Each shoplifting case is unique. An experienced defense attorney will thoroughly evaluate your case by looking at the evidence, taking witness statements, and uncovering relevant details. Your lawyer will identify weaknesses in the prosecution’s case, such as insufficient evidence or procedural errors, and develop a strategy tailored to your circumstances.
For instance, an attorney could argue:
- Lack of Intent: If you accidentally left the store without paying for an item, a lawyer can argue that you lacked the intent to commit theft.
- Mistaken Identity: In some cases, shoplifting accusations occur based on mistaken identity, especially in stores with older or inadequate surveillance systems.
- Negotiation for Reduced Charges: An attorney may negotiate with the prosecutor to reduce the charges to something that carries fewer penalties if convicted, such as petty theft
Representing You in Court
Navigating the court system with an inexperienced public defender can be intimidating and confusing. A skilled lawyer will represent you in all court hearings, advocating for you and ensuring the prosecution follows proper procedures.
They will also work to secure the most favorable outcome, whether that means:
- Getting the case dismissed
- Having the charges reduced
- Negotiating an alternative sentence
Preventing a Permanent Criminal Record
One of the most significant long-term consequences of a shoplifting conviction is having a criminal record. A defense attorney can work to avoid this by pursuing a diversion program or other alternatives that can get the charges dropped or expunged.
For example, first-time offenders facing charges under California Penal Code Section 490.1 may qualify for a diversion program, where they can avoid conviction by completing community service, paying restitution, or attending theft prevention classes. Successfully completing this program could result in the court dismissing the charges.
Mitigating a More Serious Sentence
Even if a conviction seems likely, an experienced defense attorney can still make a substantial difference. They can negotiate with the prosecutor or judge to reduce sentencing. This may include securing probation instead of jail time, reducing fines, or avoiding a permanent criminal record through other legal options.
How Does California Define Shoplifting?
California Penal Code Section 459.5 defines shoplifting. According to this statute, shoplifting occurs when a person enters a store with the intent to steal property valued at $950 or less during business hours. Even when the state charges shoplifting as a misdemeanor, you can face significant consequences.
If the value of the stolen goods exceeds $950, prosecutors can charge the crime as burglary, which carries much more severe penalties.
Shoplifting may sound like a straightforward crime, but it requires specific legal elements for a conviction.
These elements include:
- Entry into a commercial establishment
- Intent to commit theft; you cannot accidentally shoplift
- During business hours, meaning the store was open to the public when the crime occurred
What Are the Penalties for Shoplifting in California?
The penalties for shoplifting vary based on the specific details of the allegations, the value of the stolen property, and your prior criminal record.
Misdemeanor Shoplifting
These charges generally apply when the total value of the stolen property does not reach $950.
The penalties if convicted could include:
- Jail Time: Up to 6 months in county jail
- Fines: Up to $1,000
- Community Service: You could receive community service in addition to jail time or instead of a jail sentence.
- Probation: Some people receive probation instead of jail time. This could include additional conditions such as counseling, attending a course to prevent future theft, or paying back the store.
Felony Shoplifting
These charges usually apply when the value of the stolen property exceeds $950 or there are prior convictions of shoplifting, burglary, violent felonies, or other similar crimes.
The penalties could include:
- Jail Time: Between 16 months and three years in state prison
- Fines: Significant fines depending on the case facts
According to the California Courts, Proposition 47 reduced some theft-related offenses from felonies to misdemeanors with its passage in 2014. However, this does not protect individuals with prior convictions for some serious or violent felony offenses.
This means those with a significant criminal history are unlikely to be able to negotiate their felony shoplifting charge down to a misdemeanor. Because of this, hiring a lawyer to manage your shoplifting case is even more important if you have a criminal history.
Additional Consequences of a Shoplifting Conviction
In addition to the legal consequences, a shoplifting conviction can result in additional issues, including:
- Criminal Record: Even a misdemeanor conviction will appear on your permanent criminal record, making it more difficult to find a job, rent an apartment, or obtain a professional license.
- Immigration Consequences: For non-U.S. citizens, a shoplifting conviction could lead to deportation or other immigration-related issues.
- Civil Penalties: Stores often pursue civil penalties, which may involve being banned from the premises, paying a fine, or paying restitution.
Talk to Our Team Today If You Face Shoplifting Charges
Farris Law Firm wants to ensure you have the knowledge and information you need to know about your case. We focus on providing a strong criminal defense for our clients while providing education on the criminal justice system as it applies to their cases.
Contact us quickly following your arrest in Burbank or Glendale, CA. Contact us online or call (818) 861-0861 for your confidential, free phone consultation.
