San Diego Criminal Lawyers Blog
Shoplifting, also known as boosting, is the concealment of a store item on a person, in pockets, under clothes, under handbags or other bags and leaving the store without paying for it. Shoplifting is a crime in California. Criminal penalties include a fine, jail time, and a criminal record. The merchant or retailer also starts civil proceedings against a shoplifter – oftentimes at greater intensity than the criminal case – and requires the shoplifter to pay for the item taken and the merchant or retailer’s attorneys fees and court costs.
What are Shoplifting Charges?
Shoplifting charges depend on the value of the item taken. California Penal Code Section 484 refers to shoplifting as theft – carrying away, or otherwise appropriating someone else’s property, with the intent to deprive the rightful owner of that property. The two possible charges are petty theft and theft.
What are Criminal Shoplifting Penalties?
Petty theft charges are reserved for items taken under $950 in value. If the item itself is valued at less than $50, expect an infraction with a fine of up to $250 to resolve the criminal case. An infraction is not a crime and charged at the discretion of the prosecutor. If the prosecutor wishes, shoplifting items worth less than $950 subjects a person to misdemeanor petty theft charges. Misdemeanor petty theft carries with it mandatory fines between $50 and $1000, and up to six months in jail. The most serious shoplifting crime is called grand theft and is reserved for items valued at over $950 and is applied to theft of a firearm. If the item taken was a firearm, jail time between 16 months and two years can be assessed or up to a year of incarceration for all other items and mandatory fines.
What are Civil Shoplifting Penalties?
Merchants and retailers sue the shoplifter immediately after pressing criminal charges. Merchants can receive between $50 and $500 plus the value of the merchandise if it is not recovered in sellable condition as damages. Many merchants and retailers ban the shoplifter from their store or retail establishment for life.
Charged Under California Petty Theft or Grand Theft Laws? Hire a San Diego Criminal Defense Attorney
California offers pretrial diversion programs for first-time offenders as an alternative to prosecution. Eligibility depends on age and prior criminal record. Criminal charges under the pretrial diversion program are dismissed if the person successfully completes court-mandated programs and conditions within a specified time frame. If you or a loved one is facing felony or misdemeanor petty theft or grand theft, seek legal advice and legal representation from an experienced San Diego Criminal Defense Attorney. Continue reading