Being charged with shoplifting could cost your livelihood and even your future. People think that stealing a small object from a store is a petty crime that will only result in a simple warning. However, under California law, shoplifting is considered a crime of moral turpitude, which can result in employment restrictions and damage to your reputation.
If you are a non-citizen, you could be deported or denied a green card upon conviction. However, you have constitutional rights, which shield you against these charges. At CCLG: Los Angeles Criminal Attorney, we dismantle the prosecution’s case to protect your record. We build potent legal defenses and aggressively represent you in court to help achieve a dismissal or a diversion program.
Meaning of Shoplifting Per California Penal Code 459.5 PC
The Californian shoplifting legislation has undergone significant changes due to the enactment of Proposition 47. The enactment reclassifies nonviolent crimes, allowing the justice system to focus on more serious offenses. According to California Penal Code 459.5 PC, the law has established specific limits on the definition of shoplifting, distinguishing shoplifting and other theft-related crimes.
You violate PC 459.5 by entering a commercial premise during regular business hours with the intent of stealing property worth $950 or less. Penal Code 459.5 is a subset of the broader burglary laws, specifically tailored to retail settings. Upon arrest, you face a misdemeanor, which carries significant legal consequences.
The prosecution takes such cases as a violation of public confidence and an economic burden to the community. As such, theft offenses in California are taken seriously by district attorneys, who aim to deter others from committing the same crimes. Although the crime is usually a misdemeanor of shoplifting, the consequences of a conviction could impact your professional license and finding housing.
What the Prosecution Must Prove
Before the judge or jury can render a guilty verdict, the prosecutor must demonstrate several elements of shoplifting beyond a reasonable doubt. These factors include:
- Physical Access To A Business Premise
The prosecution should show that you literally walked into a commercial place. The definition of a commercial establishment is quite broad under California law. It is not limited to traditional retail outlets, such as clothing boutiques or supermarkets. It also includes any establishment where goods or services are exchanged for money:
- Restaurants
- Coffee shops
- Hair salons
- Even fitness clubs
- Entry During Regular Operational Hours
The prosecution should prove that you entered the business during its regular working hours. If you broke in after the doors were closed or even before the business opened, the charge could escalate to a burglary offense.
- The Presence of the Specific Intent
The prosecutor should demonstrate that even when you stepped over the threshold of the store, you were already planning to commit larceny. This puts a lot of pressure on proving your thoughts, as they are not readily apparent. The prosecution could apply circumstantial evidence in suggesting what you thought. They may cite the reason why you carried a booster bag, which is meant to evade security sensors, or the fact that you were hovering around high-value goods.
- Value of Property at $950 or Less
The property value must be $950 or lower. As long as the value is above this, then you are not in the sphere of shoplifting but instead charged with grand theft. The reason behind these facts is crucial because the distinction between shoplifting and petty theft is sometimes based on the time you planned to do it and the location where you did it.
The Intention Factor and Impact of Timing
The legal concept of intent is a pivotal factor in your case. To face a shoplifting charge, your intention to steal the items must have pre-existed or occurred at the time of entry to the store. If you only chose to steal something after you were already in the store, you have not actually committed shoplifting. In that case, your lawyer can claim that you have committed petty theft, but not shoplifting. Although this is a minor difference, it can serve as a robust legal defense in court.
Without a confession or concrete physical evidence, the prosecution could struggle to establish intent at the time of pre-entry. For example, if you had walked into a store and taken 45 minutes browsing the store and reading labels before just pocketing something, a prosecutor cannot claim that you went into the store with the intention of stealing.
Your defense lawyer could reconstruct your actions leading to the incident. They seek signs that you could afford to pay, like a credit card in your wallet or a pocket full of cash. These facts are a strong indication that you were lawfully entering and that you originally had pure motives. This can be done by questioning the date of your intention to do something, which may prompt the prosecution to review the strength of their case.
Determining Property Value and the $950 Threshold
The monetary value of goods is the threshold for a misdemeanor or a possible felony. In California, the limit is set at a strict value of $950. When calculating this value, the court considers the fair market value of the merchandise at the time and place of the incident. This typically refers to the price displayed on the tag or the advertised retail price. They should be wary, as retailers may occasionally overvalue them or add taxes and security fees to inflate their prices artificially.
If you are charged with stealing several items, the prosecution will add the total value of all items and determine whether it exceeds the limit. Nonetheless, in the case of items being stolen in separate events, these should be considered individual misdemeanor crimes rather than a single significant theft. This difference is imperative to your sentencing.
Additionally, if the items were used or spoiled, their reasonable market price could be lower than the initial store price. To refute the store’s claims, your lawyer could hire valuation specialists when the total is almost at the $950 mark. Retaining the value below this level is one of the primary objectives, as it ensures that the charge does not escalate to grand theft, which carries far more substantial penalties and a more severe social stigma.
Proposition 47 and Redefining Shoplifting
The legislation that transformed the face of the California penal code was Proposition 47. Until its enactment in 2014, entering a store with the intention of stealing was often classified as a second-degree commercial burglary under PC 459. This was a white-collar crime and, therefore, could be classified as a felony, even in the case of a first-time offender stealing low-value items.
Proposal 47 shoplifting rules aim to establish that any offense that fits the definition of shoplifting should be prosecuted as such, rather than as burglary. This was a significant win for the defendants, as it ensured that most retail thefts would be retained in the misdemeanor section.
The purpose of this reclassification was to avoid over-incarcerating individuals with lower-level and non-violent crimes of low-value property offenses. It also established a particular legal requirement for prosecutors. PC 459.5(b) is categorical in stating that once an act is considered shoplifting, the defendant cannot be charged with a second offense of burglary or theft related to the same act.
This will bar the prosecution from stacking the charges to induce a plea bargain. Even if you were already found guilty of a retail theft before 2014, you may even be re-sentenced and downgraded to a misdemeanor under the retroactive provision of this legislation. These particular legislative tools have helped lawyers to clean the records of many clients.
Penalties, Sentencing, and Punishment for Shoplifting in California
Once you are found guilty of shoplifting in California, you are subjected to several punishments. These penalties serve both retributive and deterrent purposes, holding you to a high standard of responsibility for committing the crime.
Possible Prison/Jail Terms and Fines
Being a misdemeanor, the maximum jail term for shoplifting is 6 months in the county jail. Besides a jail term, you may be required to pay fines worth up to $1,000 and substantial court assessments, which may be three times the fines.
Summary Probation and Mandatory Restitution
The judge can also impose summary probation, which typically ranges between one and two years. During probation, you should avoid breaking laws and follow specific guidelines, including refraining from visiting the store where the incident occurred. Other effects of a theft conviction also include the requirement to provide restitution to the victim’s store. This implies that you must reimburse the items that were not recovered or destroyed in the incident.
Long-term Impact on Your Forever Criminal History
The conviction for shoplifting is recorded in your criminal record, which potential employers, landlords, and lenders can access. This permanent register is usually more detrimental than the penalties ordered in court, as it establishes a barrier to financial stability. Even after the end of your legal responsibility to the court, the social and professional stigma of a conviction of theft may continue.
Exceptions in Felony Shoplifting
Shoplifting is a misdemeanor, although there are specific exceptions whereby the charge might be enhanced to a felony. This happens when you have strike convictions on your criminal record. Such priors consist of violent or serious felonies, including:
- Murder
- Attempted murder
- Gross vehicular manslaughter
- Any sex offense that compels you to be registered as a sex offender under PC 290
Moreover, when you have a previous conviction of a sex crime against a child below 14 years of age, the $950 threshold will not protect you against felony charges anymore.
In these high-stakes cases, you may be sentenced to 16 months, two years, or three years in prison. Although Proposition 47 has decreased most shoplifting crimes to a misdemeanor, it has recently been challenged by new legislative acts, which have introduced new complexities, such as Proposition 36.
In the case of individuals with a history of two or more theft convictions, the law is returning to the trend of heavier punishment for repeat offenders. When you find yourself in this position, hire an attorney who is highly conversant with the changing dynamics between these propositions. Your lawyer will carefully examine your history to ensure that the prosecution is not unduly prosecuting you on felony enhancers.
Proven Defense Strategies for Shoplifting Allegations
Your defense team is primarily interested in having your charges dismissed or reduced. Each case is unique, and the strategy that lawyers use will strongly rely on the facts that surround your arrest. Common legal defenses include:
Lack of Intent and Accidental Removal
The lack of intent is a common legal defense. When you had no intention of stealing, then you are not a shoplifter under California law. We will examine whether you were distracted and perhaps your phone rang, or a baby cried, and you unintentionally left the store with something in your cart or hand.
This is what is referred to as an accidental removal, and it occurs more frequently than one can imagine. When we can demonstrate that you made an honest mistake, the prosecution cannot meet its burden of proof. The basis of this defense is that you did not have a guilty mind.
Mistake of Fact and Claim of Right
Another defense we have is the mistake of fact defense. This is a plan when you truly believed the property was yours or you had a legitimate claim to it. For example, you may have been returning an item and become disoriented about what was yours and what belonged to the store. If you did it in good faith, believing that the merchandise was already in your possession, your non-maleficence is a defense. We collect receipts and previous purchase history to validate this assertion and demonstrate that you were not attempting to defraud the merchant of any amount.
Mistaken Identity and Unreliable Surveillance
Your lawyer could also investigate cases of false identity, which are common in high-traffic areas, such as malls. CCTV footage is often of low quality, out of place, or otherwise subpar. In a busy shopping center or retail store, loss prevention officers may easily mistake one shopper for another in the overcrowded mall. If the evidence against you is based on a description or a poor-quality video, we question the consistency of such identification. We strive to establish your location and identify any discrepancies between the person on the camera and the one in the picture, thereby raising reasonable doubt.
Police Misconduct and Violations of the Constitution
Your defense lawyer should examine the actions of the police and security officers during the investigation. If the police infringed upon your Fourth Amendment rights by conducting an illegal search of your person or vehicle, we may file motions to suppress the evidence. Your lawyer should also inquire whether there was any coercion of confession by security guards or officers by threats or whether the officers did not read your Miranda rights during a custodial interrogation. By effectively questioning the legality of the fact that evidence was acquired, the court can be compelled to bar that evidence, and it can result in an outright dismissal of your charges.
Civil Compromise and Informal Diversion
For many individuals, the best course of action is to settle the case without trial. The California legal system has a so-called civil compromise process, as provided in Penal Code sections 1377 and 1378. This is a legal procedure in which you indemnify the victim store against its losses, and the store, in turn, will not seek criminal prosecution.
If the judge agrees with the compromise, you will be absolved of all criminal charges. This is a perfect outcome, as it results in the absence of conviction and a clean criminal record. Not every retailer, however, will enter into civil compromises, and not every judge will order the same, particularly in cases involving habitual offenders.
When your lawyer cannot secure a civil compromise, they usually turn to informal programs of diversion. Many Los Angeles County courts offer these programs to first-time offenders. Under the diversion program, your case is suspended as you fulfill some conditions, like community service, anti-theft classes, or a term of trouble-free stay.
On the completion of the program, your case is dropped by the prosecution. This will enable you to leave on a clean slate. Your lawyer should have established a relationship with local prosecutors and judges, which allows us to advocate for alternative resolutions.
The Truth About Civil Demand Letters (PC 490.5)
Some defendants will likely receive a formal letter in the mail shortly after their arrest or citation from a law firm representing the retailer. It is a California civil demand letter issued in accordance with Penal Code Section 490.5. These letters typically require a payment of $500 to cover the store’s inquiry costs and security expenses. The letters reach many and instill in them the fear that they will go to jail if they fail to pay immediately. These letters are a civil case and totally independent of your criminal case.
Settling the civil demand will not imply that you will not be charged in your criminal case. On the other hand, you will not be convicted in court of crimes for refusing to pay the demand. Actually, most defense lawyers do not recommend that their clients pay such demands, as the retailer will most likely never take you to civil court to sue you over such a minor amount of money.
Retailers mail them out in large quantities as a means to generate additional revenue from shoplifting cases. Additionally, the prosecution might at times twist a payment to show that one is guilty. You are advised to seek your criminal attorney’s advice before you write a check to a retail law firm and to see what the best approach is to take in a particular situation. Your lawyer can assist you with this aspect of PC 490.5 and ensure that corporate legal departments are not taking advantage of you.
Immigration and Professional Licensing Impacts
For suspects, the collateral damage of a shoplifting charge is the most terrifying aspect, as it affects their legal standing in the United States.
Immigration Impacts
Immigration authorities often categorize shoplifting as a crime of moral turpitude. If you are in the country on a visa or a green card, being convicted of a theft crime can lead to deportation proceedings or inadmissibility upon your return to the country after visiting another country.
It is a high-stakes aspect of the law, in which a minor misdemeanor can have life-changing consequences. When your lawyer is negotiating a plea deal, they should collaborate with immigration professionals to ensure that the plea bargain they negotiate is immigration-safe and will not jeopardize your stay in the country.
Licensing Impacts
In the case of a nurse, teacher, real estate agent, or attorney, a conviction for shoplifting must be reported to the licensing board. Such boards do not take theft lightly since it is an issue of character and honesty. You may get suspended or even have your license to practice your profession permanently revoked. This is one of the reasons why we are so diligent in seeking dismissals and diversions.
Your lawyer should defend your career by not pleading guilty to a lesser charge that carries the same stigma as the original theft charge. There is a risk of shoplifting, deportation, or danger to your professional license, but we offer the specialized defense necessary to protect your interests.
Locate a Theft Crimes Defense Attorney Near Me
A shoplifting charge could be a heavy load to bear; however, you do not have to bear it alone. It is not a matter of whether you were taken unawares or it is a case of a genuine misunderstanding, but your legal rights are still intact and should be vigorously defended. The conviction may result in a permanent criminal record, substantial fines, and even a jail term, which can significantly hinder your future career and personal ambitions.
Take charge of your situation now and get the legal help of a professional. You need a lawyer who will listen to you and fight on your behalf to achieve the best possible results.
At CCLG: Los Angeles Criminal Attorney, we apply our experience and deep knowledge of California’s complex theft laws to every case we handle. We will examine all the legal aspects of defending against the prosecution’s case, including the evidence they have, and explore diversion programs that can leave your record untouched. Contact our experienced lawyers at 323-922-3418 for a comprehensive and confidential consultation to protect your rights and future.
