Last Updated on July 15, 2025
Shoplifting is one of those terms, like assault, that is used differently by the public than by those in the justice system. Most people use the term to indicate that someone stole merchandise from a store, but it’s a little more complicated under the law. Similarly, many people assume the crime is not very serious because it is performed so commonly, particularly among juvenile offenders. However, this offense can leave someone behind bars, and even carry felony-level charges. If you have been accused of shoplifting in Vista or the rest of San Diego County, please call a criminal defense attorney like Peter M. Liss as soon as possible.
What is Shoplifting According to the Law?
Shoplifting is defined under California Penal Code section 459.5 (PC). The offense involves the prosecution being able to prove four main elements:
Entering a Business During Regular Operating Hours
Under the law, if someone breaks into a closed business in the middle of the night, they can’t be charged with this shoplifting. Instead, they can face standard theft, trespassing, and burglary charges.
Having The Intention to Steal Goods
To be guilty of shoplifting, someone has to enter a business intending to steal merchandise. So if someone enters a Wal-Mart intending to buy an item and then decides to pocket it only after seeing the only one in stock is missing its packaging, they may be guilty of theft, but not shoplifting.
The matter of intent is one of the major sticking points of this law and can be particularly challenging to prove when someone was arrested before they left the store, as they could argue that they still intended to pay for the items. Prosecutors in San Diego typically file petty theft charges rather than shoplifting since petty theft offenses do not require them to prove someone intended to steal when they entered the store.
Taking or Attempting to Take Merchandise
While the law states that someone must take or intend to take the property, it does not matter if they actually carry the item out of the store. The penalty is the same for someone caught stealing a ring from a jewelry store as someone busted eating food inside a grocery store without intending to pay for it. Similarly, if someone is caught changing prices on merchandise to avoid paying the full cost, they can still be charged with shoplifting based on the difference in the item’s value.
The Items Are Valued at Under $950
Notably, the value of the goods is based on an aggregate value of all shoplifting charges an individual is accused of. So suppose a person entered a mall and took $300 worth of lingerie from Victoria’s Secret, $500 worth of makeup from Sephora, and a $250 purse from Nordstrom. In that case, even though the value of items stolen from each location was under $950, they would be charged with grand theft based on the $1050 value of the combined thefts.
What Happens if You Get Caught Shoplifting in California?
What happens to someone caught shoplifting will vary depending on:
- the store
- the value of the items
- the individual’s criminal record
Not all stores arrest shoplifters; some even have policies prohibiting employees from stopping them. If a suspected shoplifter is detained, some shops will simply photograph the individual and tell them they are banned from the store and will be charged with trespassing if they visit in the future. Other businesses will call the police and attempt to have someone arrested for any theft.
If the police are called after someone is caught stealing from a store, the value of the products will determine which charges are filed. For items under $50, the DA will often file the crime as an infraction, meaning the defendant will only need to pay a fine, and the offense will not end up on their criminal record. When the value of the items is under $950, shoplifting or petty theft charges will usually apply. If the value is over $950, then the DA will usually file grand theft charges.
Stores are more likely to call the police on individuals they know have repeatedly stolen from their business or others around them. Similarly, police are more likely to arrest people they know to be repeat offenders, and the DA is more likely to file charges against those with a criminal record. In fact, a person’s critical record plays a crucial role in determining whether theft valued at under $950 is a misdemeanor or a felony.
Is Shoplifting a Misdemeanor or Felony?
In most cases, this offense is a misdemeanor, but those with certain offenses on their criminal record will instead face felony charges. These crimes include:
- Any offense requiring registration on the sex offender list
- Two prior theft convictions
- Vehicular manslaughter involving driving under the influence
- Murder
- Attempted murder
- A serious or violent felony punishable by life imprisonment or the death penalty
What is the Penalty for Shoplifting Under California Law?
Most shoplifting offenses are filed as misdemeanors punishable by no more than six months in jail and $1,000 in fines. However, the District Attorney can file the charges as a felony if the defendant has two or more theft convictions on their record or has previously been convicted for certain violent, serious, or sex crimes. When charged as a felony, this crime is punishable by up to $10,000 in fines and up to 3 years in prison.
In cases where the stolen goods are valued at even $1 over $950, defendants usually face misdemeanor grand theft charges, punishable by up to one year in jail. When the stolen items were particularly valuable, felony grand theft charges may be filed, meaning the defendant could face a sentence of up to 3 years.
Defenses to Shoplifting
In most misdemeanor cases, defendants are best off not fighting these charges but instead participating in a diversion program that will allow them to avoid pleading guilty, serving time in jail, and having a criminal charge added to their record. These programs require the defendant to take a shoplifting class and then get charges dismissed. When suspects face felony charges, the best approach is often to take a plea deal that will result in the charges being reduced to a misdemeanor so they can complete a diversion program and avoid jail and a mark on their criminal record.
That being said, it is sometimes worthwhile to fight the charges, especially if you are facing felony-level allegations. In these cases, one of the strongest defenses is to deny that you intended to commit larceny since this is such a difficult standard to prove. For example, it is legal to accidentally leave a store with an unpaid item in your shopping cart as long as it was an accident because this means the incident does not meet the legal standard of shoplifting in California.
Similarly, arguing that you intended to pay for the item but were not given a chance to before being stopped by security and arrested is often a strong defense. Sometimes, parents have been able to fight the charges by arguing that while they were stopped for hiding an item in their stroller, purse, or clothes, they intended to pay for the item but were trying to keep it a surprise from the child shopping with them.
Sometimes, the best defense is to repay the shop or return the items. This type of civil compromise should only be handled with the help of a defense attorney though or it could end up being seen as witness intimidation or a confession.
You can also use many defenses that apply to a wide variety of charges. For example, if the police violated your rights when you were accused of shoplifting, this can be a strong defense for any related evidence to be suppressed, which could be enough to result in the charges being dropped. Alternatively, you can argue there was insufficient evidence to show you took the items if you fell into another individual and the stolen merchandise scattered along the ground.
Regardless of the specifics, always speak with an attorney before attempting to protect yourself from shoplifting charges. Remember that anything you say could be used against you. For example, if you claim you were the victim of an illegal police search, this could be used as evidence that you had the items on your body if the search ends up being legal.
Related Offenses
Those caught stealing or attempting to steal merchandise from a commercial establishment may face other charges than shoplifting. For one thing, those who physically resist someone who tries to arrest them can be charged with robbery, a felony.
Beyond that, some criminal organizations organize to commit larceny from retail establishments, knowing that anyone caught could go through a diversion program. To fight these organized theft rings, California passed 490.4 (PC), which allows for harsher penalties for anyone who works with one or more persons to steal or receive stolen merchandise. This law makes it so anyone who participates in a theft ring can be charged, even if they don’t steal the goods themselves but instead receive, store, or sell them. These charges are similar to other theft offenses in that they are usually filed as a misdemeanor if the aggregate value of stolen goods is under $950 or as a felony if it is higher. Many people accused of shoplifting will also be charged with this offense if they worked with another party to steal, resell, return, or otherwise profit from their theft.
If someone attempts to return an item they have stolen from a business, it is considered return fraud. These charges are filed as petty or grand theft. Return fraud charges are filed in addition to any theft charges related to taking the item as fraudulent returns cost the store additional money.
If you have been charged with multiple charges, a shoplifting defense attorney may be able to have some charges dropped or reduced.
Whatever the specifics of your case, do not speak with the police without a shoplifting defense lawyer present. Attorney Peter Liss has 40 years of experience fighting charges like these. You can schedule a free initial consultation by calling (760) 643-4050.
