Shoplifting

Shoplifting is most commonly a petty theft crime which involves the stealing of goods from a retail store or similar establishment. First time shoplifting charges are often not severe and may involve community service, restitution or probation in lieu of jail time. When the value of property taken exceeds a specified amount of money (depending upon the county and state), shoplifting may be charged as grand theft and enhanced penalties may be imposed. Repeat offenders may also face felony shoplifting charges in some cases, meaning they may face imprisonment in state prison and other harsh penalties. In California in particular, felony petty theft charges are extremely serious because they may result in 25 years to life in prison for defendants who already have to "strikes" on their record for previous serious or violent felony convictions.

Criminal Intent and Shoplifting Charges

Because retail shoppers are generally allowed to pick up and carry merchandise as they shop, it is possible that some may walk out with an item still in their hands, without paying. When carrying a number of items, one may accidentally fall in a shopper's handbag. There are various scenarios where a customer may unintentionally leave or start to leave without paying for an item. Shoplifting must involve the intentional theft or attempted theft of merchandise. When seeking a conviction for shoplifting, the prosecution must prove, beyond all doubt, that the defendant intentionally took or attempted to take an item or items without paying.

Shoplifting cases can become difficult to deal with because many stores have video surveillance. A security guard, store employee or other individual may also be ready to testify against the defendant. A competent criminal defense lawyer, however, will be able to recognize opportunities to challenge physical evidence and witness testimony in order to seek a positive result on a defendant's behalf. It is important to talk to a local lawyer who has the skill and qualifications to handle your case.

Click here to find a criminal defense attorney in your area using our online directory.