Unfortunately, many assume a shoplifting charge is a juvenile crime, often warranting nothing more than a warning and potential ban from the location. However, this is far from the truth as in actuality, you can face serious consequences if you are charged and convicted of this offense. The following blog explores what you must know if you’re facing a shoplifting crime and why connecting with an experienced Sacramento criminal defense lawyer is in your best interest.
What Constitutes a Shoplifting Charge?
In California, you are committing shoplifting any time you enter a business during its normal hours of operation with the intent to commit larceny. The item taken must be valued at less than $950 to warrant a shoplifting charge.
It’s important to understand that if you do not even exit the store with an item, you can be charged with shoplifting. This is because you don’t need to leave an establishment, simply attempting or displaying actions that make it appear as though you are trying to steal can warrant criminal charges.
In California, if the value of the item you are attempting to take from a store exceeds $950, it no longer constitutes shoplifting. Instead, the charge will change to grand theft, which is an incredibly serious crime. Additionally, if you enter a store outside of normal business hours with intent to steal, this no longer constitutes shoplifting, but rather a burglary.
What Are the Penalties for This Offense?
If you are charged with shoplifting in California, it’s important to understand the penalties you can face if you are convicted of this offense. Shoplifting is a misdemeanor, meaning you can spend up to six months in county jail and a fine of up to $1,000.
In addition to criminal charges, you may also face a civil lawsuit from the store owner for the value of the items taken or any damage you caused to the establishment.
Are There Any Potential Defenses?
If you’re facing a charge for shoplifting in California, it’s important to understand that there are defenses that you may be able to rely on to help you avoid or reduce the charges against you.
For example, you may be able to prove you had no intent to steal. Perhaps the store owner assumed you were going to steal and called the police despite exhibiting no behavior that indicated you wanted to shoplift. You may also be able to show that it was an accident. For example, you may have assumed you scanned the item when using a self-checkout machine, or that you didn’t know an item was concealed in a storage container you purchased, you may be able to prove that this was an accident.
Regardless, if you’re facing criminal charges for shoplifting, it’s in your best interest to connect with an experienced criminal defense attorney as soon as possible. At the Law Offices of Dale R. Gomes, we understand how complicated these matters can be. That is why our team is committed to assisting you during these difficult times. Connect with our firm today to learn how we can fight for you.