Facing a theft or shoplifting charge in California can be a frightening and overwhelming experience. The legal system can feel intimidating, and the potential consequences—including jail time, fines, and a criminal record—can be life-altering. If you are a California resident accused of this crime, it's crucial to understand your rights and the defenses available to you.
You are not alone, and an accusation is not a conviction. A strong defense can make a significant difference in the outcome of your case.
The Difference Between Petty Theft and Shoplifting
In California, the law distinguishes between different types of theft, and the specific charge you face depends on the value and nature of the property involved.
Petty Theft (Penal Code § 484(a) PC): This is the broad category for taking someone else's property valued at $950 or less, with the intent to permanently deprive them of it. Petty theft is a misdemeanor, typically punishable by up to six months in county jail and/or a fine up to $1,000.
Shoplifting (Penal Code § 459.5 PC): This specific crime applies when you enter a commercial establishment during business hours with the intent to steal merchandise valued at $950 or less. Shoplifting is always a misdemeanor, carrying penalties similar to petty theft. The key element here is the intent to steal before entering the store.
If the value of the property is over $950, you could be charged with grand theft, which can be a felony with much more severe penalties.
Common Defenses for Theft and Shoplifting Charges
A theft or shoplifting charge is not an automatic guilty verdict. A skilled defense attorney can challenge the prosecution's case and fight for your rights. Here are some of the most effective defense strategies:
Lack of Intent: The most crucial element of a theft charge is the intent to steal. If you can prove that you did not intend to deprive the owner of their property permanently, the charge may be dismissed. For example, if you forgot to pay for an item in your shopping cart, or if you mistakenly took someone else's property believing it was yours, you may not have the necessary criminal intent.
Mistake of Fact: This defense applies when you genuinely believed you had the right to take the property. For instance, if a friend told you an item was a gift, or you believed an item had already been paid for. Even if your belief was mistaken, it can negate the intent to steal.
False Accusations: It is not uncommon for individuals to be falsely accused. This can happen due to mistaken identity, biased witness testimony, or a misunderstanding of the events. Your attorney can work to expose these flaws in the prosecution's case.
Civil Compromise: In some misdemeanor theft cases, it may be possible to negotiate a "civil compromise." This is an agreement where you repay the business for the value of the stolen or damaged goods, and in return, the business agrees not to pursue prosecution. This can lead to the charges being dismissed.
Don't Face the System Alone
The penalties for theft and shoplifting, even for a misdemeanor, can have a lasting impact on your life, including your job prospects, immigration status, and personal reputation. You deserve a robust defense from a legal team that understands the nuances of California law and is dedicated to protecting your future.
If you or a loved one is facing theft or shoplifting charges, do not wait. Your first step should be to seek experienced legal counsel. The Lee Law Group DUI & Criminal Attorneys is here to help. We are ready to provide a confidential consultation to review the details of your case and build a powerful defense strategy. Contact us today at (619) 975-2033Â to ensure your rights are protected and that you have a fighting chance against these accusations.