Shoplifting offenses in California are typically misdemeanor crimes. People accused of taking merchandise from a retail establishment without paying for it are at risk of shoplifting charges.
State statutes specifically prohibit prosecutors from pursuing theft or burglary charges in scenarios that meet the state definition of shoplifting. Typically, California prosecutors treat shoplifting offenses as misdemeanor crimes.
However, prosecuting shoplifting as a felony is an option in specific scenarios. When are those accused of retail fraud at risk of felony prosecution?
1. When the items are especially valuable
The total value of the items taken influences the charges that the state brings. If the property shoplifted is worth more than $950, the person accused could face felony charges.
2. When the defendant has serious prior convictions
State statutes allow for the felony prosecution of shoplifting offenses in scenarios where the defendant has certain serious prior criminal offenses on their record. Two or more prior theft convictions can justify a felony shoplifting charge.
Even a single theft offense carrying a jail or prison sentence can increase subsequent charges. Serious prior convictions, including murder, attempted murder, gross vehicular manslaughter or sex offenses, can also lead to felony shoplifting charges.
3. When there are allegations of organized retail theft
Organized shoplifting has become a much more pressing issue for retailers in recent years. The state can pursue more aggressive charges against those accused of conspiring to engage in widespread retail fraud with others.
Those accused of shoplifting and other theft offenses may very well require legal representation. An attorney can help people understand the charges against them, review the state’s evidence and plan the best court strategy possible. Reviewing shoplifting allegations with an attorney can help defendants understand their options.