The Potential Consequences of Shoplifting

Shoplifting is one of the most common theft offenses, penal code 484, in California. Shoplifting is treated very seriously by both prosecutors and judges. A conviction for a crime such as theft or shoplifting will show up on your criminal record as a crime of moral turpitude – a crime of dishonesty.  This record is available to anyone who runs a background check, including potential employers, landlords, and licensing boards.  Having a conviction for a crime of moral turpitude on your criminal record can have a devastating impact on your career and reputation.

Depending on the amount of the alleged theft, shoplifting can be charged as either a misdemeanor(carrying up to one year in county jail) or a felony (up to 3 years in county jail). If the value of the property that you allegedly shoplifted is under $950, you will face a misdemeanor charge.  In addition, if you have any type of prior theft conviction, a second petty theft charge can be charged as a felony. It does not matter the amount of the theft or how long ago the prior conviction is – it can still make a new petty theft a felony charge.

If you are charged with shoplifting, it is imperative that you hire a lawyer to represent you in court. Depending upon the surrounding facts and circumstances of your case, your lawyer can work with the prosecutor and judge to seek an outright dismissal. In addition, it possible to reduce shoplifting to an infraction or a lesser charge that does not carry that stamp of dishonesty. An experienced shoplifting lawyer can often resolve your case by way of a “civil compromise.” In a civil compromise, a defendant will agree to pay a negotiated settlement amount to a store, shop owner, or other victim. The victim of the theft will sign a legal document stating that they have received restitution for their losses, and they agree to cease the prosecution. Civil compromise is especially useful in cases involving theft from private individuals or smaller stores although it can also be done with larger department stores or chain stores in certain circumstances.

In order for the prosecution to prove you are guilty of shoplifting, the prosecution must prove a specific intent to steal.  Your lawyer may be able to successfully argue that you did not have the required specific intent to steal and therefore cannot be guilty of the shoplifting. Each criminal case is unique and must be reviewed by a lawyer. Since theft offenses carry severe consequences on your future, they must be fought aggressively.

With over 40 years of experience, Wallin & Klarich has been defending thousands of clients accused of theft charges under penal code 484. With offices in Riverside, Los Angeles, San Bernardino, Ventura and Orange County, we can assist you no matter what court your case is being heard. Call us now at 888-749-0034. We will be there when you call.