Understanding Shoplifting Charges in California
California Penal Code 459.5 defines shoplifting as entering a commercial establishment with the intent to steal merchandise. This is different from simply taking something; the key is that you intended to steal before you even walked in the door.
This article provides a comprehensive overview of California’s shoplifting laws, potential penalties, possible defenses, and other important legal considerations.
It’s also important to understand how Proposition 47 and other recent legislative changes have impacted shoplifting laws and how they are enforced. Proposition 47, for example, reclassified some felonies as misdemeanors, including shoplifting offenses involving merchandise valued at under $950. If you’ve been accused of shoplifting, it’s important to understand the law and your rights.
Defining Shoplifting and Establishing Intent
What exactly is shoplifting, according to the law?
California Penal Code 459.5 defines shoplifting as entering an open commercial establishment with the intent to steal merchandise worth $950 or less.
It’s important to distinguish shoplifting from other theft crimes, such as petty theft and grand theft.
- Petty theft is stealing property valued at $950 or less, but it doesn’t necessarily involve entering a store intending to steal.
- Grand theft is stealing property valued at more than $950.
The critical element in shoplifting is the intent to steal as you enter the store. The prosecution must prove you had this intent.
One potential defense is the “after-entry intent” defense. This argues that you didn’t intend to steal anything when you walked into the store; the idea came to you after you were already inside. For example, maybe you went in to buy a gift, couldn’t find what you were looking for, and then decided to take something without paying. Or maybe you were planning to pay, but then realized you didn’t have enough money and impulsively decided to walk out with the item. These scenarios could support an “after-entry intent” defense.
Penalties for Shoplifting in California
The penalties for shoplifting in California depend on whether the crime is charged as a misdemeanor or a felony.
Misdemeanor Shoplifting (PC 459.5)
Under California Penal Code 459.5, shoplifting is generally charged as a misdemeanor if the value of the stolen merchandise is $950 or less. If convicted of misdemeanor shoplifting, you could face:
- Up to six months in county jail
- A fine of up to $1,000
- Probation
- Restitution to the victim (the store)
Even if you’re not criminally prosecuted, the store may send you a civil demand letter, seeking monetary compensation for their losses. Stores can demand up to $500 to cover their costs, on top of the value of the stolen items.
Felony Shoplifting
Shoplifting can be charged as a felony in certain circumstances, such as when you have prior convictions for certain serious offenses (like sex crimes or violent crimes), or when the shoplifting involves organized retail theft with multiple people or high-value merchandise. If convicted of felony shoplifting, you could face:
- Up to three years in state prison
- Fines up to $10,000
Sentencing Enhancements
If the value of the stolen merchandise is particularly high, you could face sentencing enhancements that add time to your prison sentence. Under California Penal Code 12022.10, these enhancements apply:
- More than $50,000: 1 year added to your sentence
- More than $200,000: 2 years added
- More than $1,000,000: 3 years added
- More than $3,000,000: 4 years added, plus an additional year for each additional $3,000,000 stolen
Common Defenses to Shoplifting Charges
If you’re facing shoplifting charges, it’s important to understand that you have legal options. Here are some common defenses that may be applicable to your case:
Challenging Intent
A key element the prosecution must prove beyond a reasonable doubt is that you intended to steal the merchandise. This can be a difficult task for them. Perhaps you absentmindedly walked out of the store with an item still in your cart, or you genuinely believed an item was yours. Successfully challenging intent can lead to a reduction or dismissal of the charges.
Mistake of Fact
This defense hinges on the idea that you made an honest mistake. For instance, you might have grabbed someone else’s shopping bag, thinking it was yours, or you believed you had permission to take the item in question. If you can demonstrate a genuine “mistake of fact,” it can serve as a valid defense.
Civil Compromise
In some cases, a “civil compromise” can be reached where the store owner or victim agrees not to press charges if you make restitution for the stolen items. This often involves paying for the merchandise and any associated damages.
Pretrial Diversion
Many jurisdictions offer “pretrial diversion” programs, which allow you to avoid a criminal record by completing specific requirements, such as community service, counseling, or educational courses. Successful completion of the program leads to the dismissal of the charges.
Unlawful Search and Seizure
Loss prevention officers must adhere to strict legal procedures when detaining suspected shoplifters. If they violated your rights by conducting an illegal search or seizure, that evidence might be inadmissible in court. An experienced attorney can assess whether your rights were violated and build a defense based on this.
The impact of Proposition 47 and recent legislative changes
California’s approach to shoplifting charges has changed in recent years due to Proposition 47 and subsequent legislation.
Proposition 47’s reclassification of crimes
Proposition 47, passed in 2014, reclassified certain nonviolent crimes as misdemeanors instead of felonies. Shoplifting, where the value of the stolen goods is less than $950, is one of those crimes.
This reclassification has significantly reduced the number of shoplifting cases prosecuted as felonies. Also, people who were previously convicted of burglary can sometimes have their sentences reduced to shoplifting, depending on the circumstances of their case.
Senate Bill 551 and the $950 threshold
Senate Bill 551 codified the $950 threshold for misdemeanor shoplifting into law, clarifying the distinction between misdemeanor and felony charges.
Assembly Bill 1700 and repeat offenders
Assembly Bill 1700 is designed to target repeat shoplifters, potentially increasing penalties for those who habitually engage in shoplifting.
Senate Bill 301 and alternative sentencing
Senate Bill 301 proposes alternative sentencing options for retail theft, emphasizing rehabilitation rather than strict punishment. This bill aims to address the underlying causes of shoplifting and reduce recidivism.
Related Offenses and Civil Consequences
Shoplifting doesn’t happen in a vacuum. Other charges can arise from the same incident, and even if you’re not criminally charged, you could still face civil penalties.
Related Criminal Offenses
Depending on the circumstances, a shoplifting incident could also lead to charges of burglary (entering a building with the intent to commit a crime), petty theft (theft of low-value items), grand theft (theft of high-value items), or trespassing (being on private property without permission). The key difference is that shoplifting specifically involves stealing merchandise from a retail establishment.
Organized retail theft, where multiple people work together to steal from stores, is often treated as a separate, more serious felony offense.
Civil Demand Letters and Restraining Orders
Even if criminal charges are dropped or reduced, stores can send you a “civil demand letter.” This isn’t a criminal penalty, but a demand for money to cover the cost of the stolen merchandise and any additional expenses the store incurred because of the shoplifting incident. You may also be issued a restraining order, preventing you from entering that store again.
Immigration consequences and expungement
If you’re not a U.S. citizen, you may be wondering if a shoplifting conviction could result in deportation. Generally, a single conviction for shoplifting will not lead to deportation. However, immigration law is complex, and every case is different. It’s always a good idea to discuss your particular situation with an immigration attorney, who can provide you with legal advice tailored to your specific circumstances.
Depending on the state in which you live, you may be able to have a shoplifting conviction expunged from your record after you’ve completed your probation or jail sentence. Expungement can help you in many ways, including making it easier to get a job or pursue other opportunities that might be closed to you with a criminal record. Consult with an attorney in your area to see if you are eligible for expungement.
Summary
In California, shoplifting is generally defined as entering a commercial establishment with the intent to steal property valued at $950 or less. Penalties can range from a misdemeanor charge, punishable by a fine and/or jail time, to more serious consequences if the value exceeds that threshold or if other factors are involved.
If you’re facing shoplifting charges, it’s essential to consult with a qualified criminal defense attorney as soon as possible. An attorney can explain the nuances of California law, help you understand your rights, and explore potential defenses or alternatives to prosecution, such as diversion programs.
Proposition 47 and more recent legislative changes have significantly impacted shoplifting enforcement and sentencing in California. Understanding these changes is crucial for both individuals and businesses.
Whether you’re an individual accused of shoplifting or a business owner seeking to protect your property, it’s important to understand your rights and responsibilities under California’s shoplifting laws and to seek legal advice when necessary.