Theft, including shoplifting, may not seem like a serious criminal offense. Many people only view felony theft charges as a serious issue that warrants much consideration in criminal court.
Misdemeanor theft charges, possibly resulting from shoplifting accusations, may seem minor enough to warrant people simply pleading guilty. Despite the dismissive attitude people may have toward misdemeanor theft offenses in California, working with a criminal defense attorney to respond assertively in court is typically the best option available to those accused of misdemeanor theft violations.
When is theft a misdemeanor?
Typically, the value of the misappropriated resources determines the severity of the charges. If the items allegedly stolen are worth less than $950, prosecutors are likely to pursue misdemeanor theft charges. Misdemeanor theft charges can carry up to six months in jail and $1,000 in fines, as well as an order of restitution to repay the victim.
There are other scenarios in which the state could also pursue more serious charges. If the defendant has three or more prior theft convictions, they could be at risk of a felony charge, regardless of the value of the property.
Common aggravating factors include the use of a weapon, forcing entry onto private property and the theft of certain types of assets, such as firearms. Even misdemeanor theft charges can carry serious criminal penalties and produce a record that affects the person’s opportunities whenever they must undergo a criminal background check.
Reviewing theft allegations against a defendant can help people decide the most effective way to respond and if a lawyer is necessary. An attorney can help people prove their innocence or negotiate a plea bargain that limits potential penalties.