Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
    • DUI Defenses
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Pornography
    • Child Molestation
  • Traffic Offense Help
    • Traffic Offense Help
    • Reckless Driving
    • No-License Driving
    • Hit and Run Accident
  • More Practice Areas
    • White Collar Crime
      • Fraud Charges
    • Theft Defense
    • Drug Offenses
    • Violent Crime
      • Weapons Charges
      • The Three Strikes Law
    • Juvenile Crime
  • Resources
    • Contact Us
    • San Diego Office
    • The Criminal Process
    • Criminal Defense FAQ
    • Hiring a Criminal Lawyer
    • Vista Criminal Law Blog
  • Contact Us 24/7
  • En español

Accused of Shoplifting In California? Theft Defense in Vista

January 29, 2020 Written by Jill Harness and Edited by Peter Liss Last Updated on January 4, 2023

Vista shoplifting lawyer

Shoplifting is not limited to the mere act of taking something from a store without paying for it. If you change the price tag on an item to avoid paying the full cost, or if you eat food in a grocery store without paying for it, you are shoplifting. When you find yourself accused of shoplifting, it can be easy to assume these accusations are no big deal since this is one of the most common crimes out there, particularly among juvenile offenders, but these charges can leave you in jail, which is why it is critical to hire a Vista shoplifting lawyer if you have been accused of this crime.

Shoplifting Charges in California

Up until 2014, California charged this crime as a form of theft and those who took more than $950 worth of merchandise would face grand theft charges while those who took less than that would face petty theft charges. In many cases, shoplifters would even be accused of burglary, a felony, if prosecutors and police believed the defendant entered the store with the intent to steal. But the state’s Proposition 47 spelled out a specific definition for shoplifting, which protected those who took less than $950 worth of merchandise from facing burglary charges.

Since the law was enacted, the new definition of shoplifting involves entering a business during its regular hours and either taking, or intending to take, goods valued at less than $950. If the suspect enters the business outside of its regular hours, then standard theft, trespassing and burglary charges may apply. If more than $950 worth of merchandise is taken, the suspect will still face grand theft charges.

Whereas the previous law required someone to actually take goods from the store, security guards can now stop shoplifters before they exit the store if they see someone attempting to steal. That being said, the prosecution must be able to prove that the person intended to steal, so while someone shoving a video game down their waistband can result in charges, if someone puts something in their bag with the intention to pay for it at the register and they are stopped before they have the chance, their lawyer should be able to have the charges dropped. Similarly, if someone left a store with an item under their cart that they forgot to pay for, but did not intentionally take, they would be unlikely to face charges.

Even after the new law took affect, those who physically resist the people attempted to arrest them can be charged with robbery, a felony. If you have been charged with multiple charges, a good Vista shoplifting defense lawyer may be able to have some charges dropped or reduced.

Potential Penalties

Shoplifting charges are almost always a misdemeanor, punishable by no more than six months in jail and $1,000 in fines. If the defendant has previously been convicted for certain serious crimes, including homicide or an offense requiring sex offender registration though, the charges will be a felony, punishable by up to $10,000 in fines and up to 3 years in jail. In some circumstances, when the stolen items were valued at less than $50, a Vista shoplifting attorney may be able to convince the prosecution to charge the crime as an infraction, meaning you will not face any jail time at all and the offense will not end up on your criminal record.

It’s also worth noting that most first-time offenders who have taken goods valued at more than $950 will usually face misdemeanor grand theft charges unless the goods were particularly valuable. As a misdemeanor, grand theft is punishable by no more than one year in jail and as a felony, it can carry a sentence of up to 3 years.

Fighting the Charges

It is important to remember that you can fight and win against these charges or at very least end up with a plea bargain that minimizes the charges against you. Common defenses include having an item in the bottom of your cart that you meant to pay for, but simply forgot about or that you were stopped by security before leaving store property and that you were going to pay for the merchandise but you were denied the chance.

Alternatively, the District Attorney has a new program for some petty theft cases where they offer a modified diversion program. The program requires the defendant to plead guilty, take a shoplifting class, then get charges dismissed. There is concern, however, that a plea of guilty still might create the perception on a background check that the person was, in fact, convicted of shoplifting.

Whatever the specifics of your case, it is important you not speak with the police until you have your Vista shoplifting lawyer present. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050.

Filed Under: Theft Defense, CRIMINAL DEFENSE Tagged With: shoplifting, california petty theft, grand theft in california, Vista Shoplifting Lawyer, shoplifting laws in california, shoplifting in california

Call Today, I Can Help You

criminal justice attorney Peter M. Liss
The Experience You Need

I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

I ensure all clients receive top quality representation at affordable rates and I accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
    • Drug DUI
    • DUI Evidence
  • Domestic Violence
  • Sex Crimes
    • Sexual Assault/Rape
    • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Embezzlement
    • Identity Theft
    • Computer Crimes
  • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
    • Burglary
  • Drug Charges
    • Possession
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Third Strike FAQ
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run Accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • DUI Lawyers Vista
    • License Suspensions
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
    • Traffic Offenses
    • Fleeing the Police
    • Hit and Run Accidents
    • Reckless Driving
    • Street Racing
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Hate Crimes
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Sex Offenses
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
    • Theft Defense
  • FAQs
  • FEDERAL CRIMES
    • Federal Crimes Lawyers in Vista
  • HYPOTHETICAL SITUATIONS
    • Hypotheticals
  • JUVENILE CRIME
    • San Diego Juvenile Crimes Lawyer
  • LEGAL PROCEDURES
    • The CA Legal System
  • SENTENCING ALTERNATIVES
  • CORONAVIRUS NEWS
  • DUI / Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Drug Offenses
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Privacy Policy
  • Terms of Use

Attorney Peter M. Liss,
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

vista crimminal law logo

Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.