Vista Shoplifting Defense Lawyer

What Is Shoplifting Under California Law?

California Penal Code 459.5 (PC) defines shoplifting as entering a business during regular business hours with the intent to commit theft, when the property taken or intended to be taken is worth $950 or less.¹ This means under California law, these four elements must be met for the offense to be considered shoplifting:

• The property was valued at $950 or less
• The defendant entered a business during its regular hours
• The defendant must have intended to commit theft
• The defendant took or attempted to take property not belonging to them, whether or not they made it out of the store

“These cases don’t always involve someone trying to walk out of a store without paying,” explains attorney Peter Liss. “Sometimes they can involve actions like putting an extra item in your bag during self-checkout or changing price tags on merchandise to reduce the cost.”

Shoplifting Penalties in California

Sentencing for shoplifting can vary significantly based on factors such as the property value, the defendant’s criminal history, and the specifics of the crime itself.

Is Shoplifting a Misdemeanor or a Felony?

Most shoplifting cases are misdemeanors, but under 459.5 (PC), defendants with certain prior convictions may be charged with a felony. These offenses are detailed under Penal Codes 667 (PC)² and 290 (PC)³, and include:

• Any offense requiring registration on the sex offender list
• Vehicular manslaughter involving driving under the influence
• Murder
• Attempted murder
• A serious or violent felony punishable by life imprisonment or the death penalty

Additionally, under 666.1 (PC)⁴, you can also face felony shoplifting charges if you have been convicted of two prior theft offenses.

“In some cases, when the items are valued at less than $50, the San Diego District Attorney will file the crime as an infraction,” says Liss, “meaning the defendant will only need to pay a fine, and the offense will not end up on their criminal record.”

What Are the Penalties for Shoplifting?

As a misdemeanor, shoplifting is punishable by up to six months in jail and $1,000 in fines, unless you have a prior theft offense on your record. Those with a prior theft conviction can face up to one year in jail.

When the charge is filed as a felony, the maximum penalty for those with two prior theft offenses is one year in prison. All other prior convictions that result in felony shoplifting charges are punishable by up to three years in prison and $10,000 in fines.

What If the Merchandise Is Worth More Than $950?

When the stolen property is valued at over $950, prosecutors may instead file the offense as grand theft. The penalty for misdemeanor grand theft is up to one year in jail, which is greater than misdemeanor shoplifting. When charged as a felony, the sentence is similar, with a maximum penalty of three years in prison.

If the prosecution has evidence the defendant intended to take more than $950, the defendant could also be charged with burglary. Under 459.5 (PC), prosecutors cannot file theft or burglary charges if they file shoplifting charges.

Learn more about grand theft charges on our dedicated practice page.

Defenses to Shoplifting Charges

Your defense strategy should be based on the available evidence, the specifics of the incident, the applicable law, and more. It is best not to speak with security guards or police officers, as your statements may harm your defense. Depending on the circumstances, a lawyer in San Diego may use the following shoplifting defenses:

Lack of Intent

Intent is a critical element in shoplifting charges, so evidence that someone made a mistake when taking an item or did not enter a business intending to steal can be a strong defense against these charges. In fact, “prosecutors in San Diego are more likely to file petty theft charges over shoplifting charges, since petty theft does not require them to prove the defendant intended to steal when they entered the store,” says Liss.

Situations where you may challenge the intent element include accidentally leaving a store with an unpaid item or deciding at the last minute to steal something during checkout. Similarly, if you were stopped before you attempted to leave the store, you may have a strong defense if your lawyer can effectively argue that you did not intend to steal the item and were not given a chance to pay for it.

Mistaken Accusations

Store surveillance footage, witness accounts, a receipt showing you paid for the item, or other evidence may support your claim that you did not shoplift.

Insufficient Evidence

Aside from intent, your attorney may also be able to argue there was insufficient evidence to prove all four elements required for a 459.5 (PC) charge beyond a reasonable doubt.

Unlawful Search or Detention

If your rights were violated by a security guard, cashier, other citizen, or police officer, this could provide your attorney with grounds to challenge the evidence, and sometimes the charges themselves. Examples of rights violations include excessive force and illegal search or seizure.

Diversion, Charge Reduction, and Other Outcomes

In many misdemeanor cases, defendants may benefit from not fighting the charges and instead participating in a diversion program that allows them to have the charges dismissed, so they can avoid jail time and a criminal record. These programs require defendants to meet certain conditions, which may include taking a shoplifting class, after which the charges will be dismissed.

When diversion programs aren’t offered, the best approach is often to take a plea deal, which can reduce the charges or penalties a defendant may face. “If the defendant is facing a felony, getting the charge reduced can sometimes enable them to participate in a diversion program so they can avoid jail time and keep their criminal record clean,” explains Liss.

Sometimes, repaying the shop or returning the items can be enough to convince the prosecutor to drop the charges at the owner’s request. This type of civil compromise should only be handled with the help of a defense attorney, though, or it could be seen as witness intimidation or a confession. Ultimately, the District Attorney will make the final charging decision, even if the victim does not want the offense prosecuted.

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 record

Not all stores arrest shoplifters; some even prohibit employees from stopping them. If a suspected shoplifter is detained, some shops will simply photograph them, ban them from the store, and threaten to charge them with trespassing if they return. Other businesses push for the prosecution of any theft.

If police are called after someone is caught stealing from a store, the value of the products determines which charges are filed. When the items are worth $950 or less, shoplifting or petty theft charges typically apply. If the value is over $950, then the District Attorney may file grand theft charges.

Stores are more likely to call the police on repeat offenders, whom police are more likely to arrest, and the District Attorney is more likely to charge. Defendants with certain prior convictions can even face felony charges.

Related Charges

Those caught stealing or attempting to steal merchandise from a commercial establishment may face other charges than shoplifting. Common charges include:

• Petty theft, if the property was valued at $950 or less.
• Grand theft, if the property was valued at over $950.
• Burglary, if the defendant entered the property intending to commit theft or a felony (prosecutors cannot file both burglary and shoplifting charges for the same offense).
• Trespassing, if the defendant was asked to leave, banned, or entered the premises outside of business hours.
• Robbery, if they used force.
• Organized retail theft, if they worked with one or more persons.
• Return fraud, if they attempted to return an item for profit.

If you are facing multiple criminal charges, a shoplifting defense attorney may be able to have some charges dropped or reduced.

Shoplifting Defense in North San Diego County

If you have been accused of shoplifting, please call Vista attorney Peter M. Liss. With over 40 years of experience, he can review your case and explain your defense options. You can schedule a free initial consultation by calling (760) 643-4050.