Sacramento Criminal Defense Attorneys Protecting the Rights of Individuals

Shoplifting and petty theft may sound like minor offenses, but too many people mistakenly assume that they are therefore nothing to worry about. While these charges may not be as serious as some other crimes, they can still result in jail time and significant fines. In addition, a conviction for either crime will go on your criminal record and could damage your future prospects for employment and education opportunities.

If you or someone you know has been charged with shoplifting or petty theft, they should speak to a criminal defense attorney right away. Don’t think that the prosecution will be lenient if you cooperate or just plead guilty. You need someone on your side who will fight for your rights and protect your future. The Sacramento criminal defense attorneys of the Law Offices of David S. Chesley can help you face your charges and get a fair result. Call us at 800-755-5174 or contact us online to schedule a free consultation and discuss how we can help you.

Shoplifting Defined under California Law

Under California law, the term “shoplifting” refers to a very specific crime that is subtly different from what we commonly refer to as “shoplifting.” California Penal Code Section 459.5 defines shoplifting as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours.” It goes on to state that “the value of the property taken or intended to be taken” is worth $950.00 or less.

What the Prosecution Has to Prove to Convict You of Shoplifting

If we carefully consider the definition, it is clear that there are three things the prosecution must prove in order to convict you of shoplifting:

1. That you entered a commercial establishment during regular business hours;
2. That you entered with the intent to steal something; and
3. That the value of the property is worth $950.00 or less.

If the prosecutor cannot prove each of these three elements, you cannot be convicted of shoplifting. In most shoplifting cases, the first and third elements are usually easy to prove. However, if the first and third elements are problematic, it’s likely that you have been charged with some other crime than shoplifting. For example, if you entered a non-commercial building or entered outside of regular business hours, you are likely being charged with burglary. If the stolen property is worth more than $950.00, you will probably be charged with grand larceny.
The second element – intent – can sometimes be difficult. In order to meet the intent element, it’s important to note that the prosecutor must prove that you entered the store with the intent to steal. It’s not sufficient that you entered the store and then later decided to steal something.

In addition, how does the prosecution prove something subjective like intent? They will have to rely on circumstantial evidence, such as footage from security cameras or testimony from security guards regarding your behavior at the time you were caught. That said, the circumstantial evidence used to prove intent in many shoplifting cases is very easily challenged.

Potential Penalties of a Shoplifting Conviction

Shoplifting is typically charged as a misdemeanor, which carries the following potential penalties:

1. Probation for one to three years;
2. Up to six months in county jail; and/or
3. A fine of up to $1,000.00.

If you are convicted of shoplifting, it is possible that your punishment could be a combination of all three possible penalties – some time in jail, a fine, and probation. In addition, your conviction will also be a matter of public record. A conviction for shoplifting could result in losing your job and make it difficult to find another job, in addition to embarrassment among your family and friends.

Shoplifting as a Felony

Although shoplifting is typically charged as a misdemeanor, it can also be charged as a felony in cases where the defendant has a prior conviction for the following offenses:

• Murder, attempted murder, solicitation to commit murder
• A drunk driving conviction that resulted in death
• Assault with a machine gun on a police officer or firefighter
• Possession of a weapon of mass destruction;
• Any serious or violent felony that is punishable by death or life in prison
• Any conviction that requires you to register as a sex offender, including violent sex offenses and sex crimes involving a child under the age of 14

As a result, you may find yourself unexpectedly facing felony charges on what should be a misdemeanor crime due to an unrelated, prior conviction. This is important because the consequences for a felony are much more severe than the consequences for a misdemeanor.
If charged with felony shoplifting, you are facing the following penalties if convicted:

• Felony probation for three to five years;
• 16 months, two years, or three years in county jail; and/or
• A fine of up to $10,000.00.

As with misdemeanor shoplifting, the penalty from a conviction is likely to include some time in jail, probation, and a fine. The severity of the penalty will depend on the circumstances of your case.

An experienced criminal defense attorney can help you understand the charges you’re facing, including the potential consequences. More importantly, your attorney may be able to help you get your felony shoplifting charge reduced to a misdemeanor.

What is Petty Theft?

Petty theft is simply defined in California Penal Code Section 488 as any theft of property worth less than $950.00. As a result, petty theft is a crime that is very closely related to shoplifting, since shoplifting also involved property worth less than $950.00. However, California’s shoplifting law (459.5(b)) expressly prohibits prosecutors from charging you with both petty theft and shoplifting. So why would you get charged with theft and not shoplifting?

Petty Theft vs. Shoplifting

To understand why, we need to revisit the critical element of shoplifting – intent. The crime of shoplifting in essentially an intent crime. Once the property has been taken, the intent is no longer relevant, and the alleged crime becomes theft.

In other words, shoplifting is the crime of intending to steal property. Theft is the crime of actually stealing the property. Once the theft has occurred, petty theft is easier for the prosecution to prove because they do not have to prove intent.

Like shoplifting, theft is also typically charged as a misdemeanor, carrying the following potential penalties:

• Probation for one to three years;
• Up to six months in county jail; and/or
• A fine of up to $1,000.00.

However, petty theft can also be charged as a felony if you have the same prior convictions as discussed above.

Charged with Shoplifting or Petty Theft? Call Us Today to Schedule a Free Case Evaluation with a Bay Area Criminal Defense Attorney

A conviction for shoplifting or petty theft is a serious matter, as you could be facing time in jail, probation, and heavy fines. In addition, a criminal conviction could damage your reputation and impact your future. You should speak with a criminal defense attorney about your options before it’s too late.
The attorneys at The Law Offices of David S. Chesley, Inc. help clients face their criminal charges and get a fair result. Whether getting the charges dismissed or negotiating a plea agreement, they will aggressively fight for you to ensure you get the best possible outcome. If you’re facing shoplifting or petty theft charges, call the Sacramento criminal defense attorneys of the Law Offices of David Chesley at 800-755-5174 or send us an email to schedule a free consultation.