SAN RAFAEL Shoplifting laywer

Charges and Defenses

Being accused of shoplifting can carry significant penalties, both monetary and for your reputation. Learn what to expect if you are charged with this crime and what a California legal defense attorney can do to help you avoid a conviction.

What is Shoplifting?

Shoplifting is clearly defined by California Penal Code 459.5. Outlined by these rules, prosecutors can only show that the defendant is guilty of shoplifting by proving that:

• The defendant first entered some kind of commercial establishment, like a store or restaurant AND
• The defendant entered the commercial establishment during regular business hours (i.e. not when the restaurant or store was closed) AND
• The defendant intended to commit a theft when they entered the establishment

Note that commercial establishments can also include places like theaters, gyms and fitness clubs, and hotels, or motels.

Proving all of these points is more difficult than you might think. That's because the prosecution has to prove things like:

• You actually entered a building's outer boundary
• You intended to commit a theft when you first entered the property

Both of these aspects are hard to prove through circumstantial evidence, especially the latter. Because of these weaknesses, skilled California defense attorneys can help you avoid being convicted of the crime.

What Possible Penalties Exist?

In the vast majority of cases, the crime is charged as a misdemeanor so long as the property stolen is worth $950 or less. For these crimes, potential penalties can extend to include:

• Up to six months in county jail
• A fine of up to $1000

Occasionally, a defendant may be charged with the felony version of shoplifting, particularly if the property allegedly stolen adds up to over $950. Additional penalties, including higher fines and time in state jail instead of county jail, are then on the table.

Thus, it's important to have California defense attorneys on your side if you're ever charged with this crime.