Is It a Crime to Return Stolen Items?

After the holiday season ends, you may be interested in returning gifts. However, if a gift was stolen, you could face repercussions for attempting to return it. The question of how you will be charged depends on the value of the item and how the item was stolen.

In order to detain you, a merchant must have probable cause to believe that you have attempted to take or unlawfully taken an item or been involved in a scheme to return the  stolen items for credit or cash. He or she can detain you in a reasonable manner for a reasonable amount of time. This privilege is called a “shopkeeper’s privilege.” A merchant’s investigation can involve the merchant or employees of the merchant questioning you and/or working with a law enforcement agency.

What Charges Could I Face?

If you were involved in stealing an item before attempting to return it, you could be charged with:

• Grand theft if the value of the stolen goods is worth $950 or more (California Penal Code Section 484)

  

• Petty theft if the value of the stolen goods is worth less than $950 (California Penal Code Section 487), or
• Burglary if you entered a building or structure with the intention of stealing something (California Penal Code Section 459) ¹

If you formed a plan with another person to steal the item, both you and the other person could be charged with conspiracy to commit one or more of those crimes under California Penal Code Section 182.

If you knowingly received a stolen item from another person, you could be charged with receiving stolen property under California Penal Code Section 496.

If you do not have a criminal record and the value of the item is $950 or less, you will likely be charged with petty theft under PC 484. Petty theft is a misdemeanor punishable by incarceration for up to 364 days in county jail and/or a fine of up to $1,000.

If the value of the stolen goods is over $950, you will likely be charged with grand theft under PC 487. Grand theft is a wobbler, meaning it could be charged as a misdemeanor or a felony. Misdemeanor grand theft is punishable by 364 days in county jail and a maximum fine of $1,000. If you are convicted of felony grand theft, you face a sentence of 16 months, two or three years in county jail and maximum fine of $10,000.

What are My Defenses?

A Wallin & Klarich criminal defense attorney can hear your side of the story. If you have not been involved in any wrongdoing, your attorney can explain that:

• You were not aware the item was stolen;
• You were not involved in a scheme to steal gifts; and/or
• You have led a law-abiding life and do not deserve to be charged with a crime.

Such evidence may lead to no criminal charges being filed or your charges being dismissed.

Call the Theft Attorneys at Wallin & Klarich Today

If you have been charged with a crime for attempting to return a stolen gift, call a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have been successfully defending our clients facing theft charges for over 40 years. Let us help you now.

We have offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. We are able to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

^{1. [PC § 490.5(f)(1).]↩}