Shoplifting offenses are quite common. However, that does not mean they are not taken seriously under California state laws. California penal code 459.5 includes laws that relate to shoplifting charges (usually prosecuted under larceny or theft laws), and the repercussions can be severe, especially if the item's value is worth $950 or less and the accused has previous convictions.

If you are facing shoplifting charges, our Fresno criminal attorneys at the California Criminal Lawyer Group can provide you with solid defense options to fight the charges. Contact us today to schedule a consultation.

Understanding Shoplifting Under State Law

Shoplifting in California is a misdemeanor crime, punishable by law under California PC 459.5. A prosecutor needs to prove the following elements to convict the defendant of shoplifting:

  • The defendant walked into an open shop during regular business hours.
  • The defendant planned to steal goods that were only worth nine hundred and fifty dollars or less.

It's worth noting that it makes no difference if you can get the items out of the commercial establishment. The prosecution only needs to show that you went into the store intending to steal something.

Some examples of acts that fall under California PEN 459.5 violations include:

  • Entering a supermarket with the intent of stealing bottles of water.
  • Entering a bookstore to purchase a pencil and concealing pencil erasers in your pocket.
  • Entering a jewelry store with the intent of stealing a $600 necklace.

Let’s take a closer look at the elements of the crime.

Element Of A Shoplifting Crime

Based on the definition of shoplifting under PC 459.5, the prosecution has to demonstrate beyond any reasonable doubt each of the following elements to secure a conviction:

The Defendant Entered an Open Commercial Facility

To secure a conviction, the prosecution must establish that the defendant did indeed access the commercial premises where the offense took place. Entering implies that you physically accessed the premises and committed the crime. However, case law shows that you aren't required to enter the premises with your entire body so long as the accessible part contributed to the crime in question.

For instance, if you tried to steal from a store by sneaking a hand through the window, you might get the same result as if you walked into the store and took the items. Regardless of the circumstances, your hand would have accessed the facility to establish a legal argument against you.

Commercial establishments include any building or structure where services and products are exchanged for monetary gain. Therefore, the business could be anything from a small kiosk to a large retail store. In addition, any business that offers a service, such as a coffee shop, a restaurant, or a beauty salon, is considered a commercial institution.

When giving evidence, the prosecution needs to show that the place falls into the right category. This makes it easier to rule out the possibility of false claims. For instance, stealing a product from a person selling handcrafted goods from their place of residence is not considered shoplifting. You will nevertheless be charged with theft separately.

The prosecution also needs to demonstrate that you entered the business. They could count on witness testimony to back up their case, particularly if the setting was crowded. Additionally, the prosecution could benefit from the use of surveillance images and footage. As a result, you need to be prepared to deal with evidence and identify ways to raise a reasonable doubt about the information at hand.

The Defendant Accessed the Business During Business Hours

To distinguish your case from other theft-related crime charges, the prosecution must prove that the accused gained access to the premises during regular business hours. Failing to do so could result in allegations of robbery or burglary, as both crimes require breaking in beyond regular business hours.

The prosecution can then use a variety of sources of evidence to back up their claims when bringing up the matter. For instance, the majority of commercial surveillance footage includes timestamps to assist in determining when specific events take place. The primary source of proof can show the defendant in action as well as pinpoint the precise moment that he or she committed the offense, so the prosecution is likely to count on it.

As an alternative, prosecutors can bring in witnesses, especially staff members of the disputed commercial establishment. Their task is to give an account of the activities that took place and determine whether the accused perpetrated shoplifting during regular business hours.

Sometimes, just having the witness testify is enough to establish the crime's element. This is because there is a possibility that you may commit the act during working hours, considering their presence. Your criminal defense attorney can refute this assertion or raise a legitimate doubt by contesting the veracity of the timing recorded on the video. They can also cast doubt on the consistency of the released witness testimonies throughout the cross-examination period.

You Entered The Business With The Intent To Steal Goods Worth $950 Or Less

The judge must also be convinced that you entered the concerned commercial premises with the intent to take things valued at $950 or less. For there to be a criminal conviction, there must be criminal intent, which is satisfied by the criteria. As a result, the prosecution must present proof of your criminal intent for their charges to stand.

The prosecution team typically must pay great attention to any information they learn during investigations to accurately prove criminal intent. This is because it is not always easy to tell what you are thinking, which makes it harder to prove the element.

The prosecutor will then use circumstantial evidence to determine the best course of action for establishing your guilt beyond a reasonable doubt. For instance, your hovering could provide information about your criminal intent if you circled a certain item before stealing it. However, you should be aware that the prosecution must demonstrate the existence of a formal intention before entering the business institution.

They must thus examine any solid circumstantial evidence that demonstrates your intent prior to the theft. For instance, the evidence would be very helpful to support the prosecutor's case if you told anyone about your intention in advance. Therefore, if the investigators have reason to suspect there is evidence, they may have searched through your phone or computer records to find the sources of it.

You Stole Goods From The Business

The prosecution team should then piece together the evidence to demonstrate how you allegedly committed the offense. Typically, if the prosecutor has successfully produced evidence on the earlier elements, demonstrating the final element will be simple. But for a convincing case, they must provide their closing argument and outline the events that led to your theft. Theft is typically committed by taking and moving the stolen object.

You should be aware that as long as you move the object away from its initial position (it doesn't matter how far you moved), you will be accused of shoplifting as a result, even if you were unable to take the stolen item with you as you left the store.

Due to this limitation, the defense is unable to present a counter-argument to prove that the accused did not steal the products from the business but rather reclaimed them. Despite its failure, the law is primarily concerned with penalizing illegal activities.

Penalties For Shoplifting

The state of California considers shoplifting a misdemeanor offense. If you are found guilty, the following penalties could be imposed:

  • Serving a six-month jail term.
  • Paying a cash fine of no more than $1,000.

If you are accused of shoplifting, there are some circumstances in which you could be convicted of a felony. If convicted, you could face a maximum sentence of three years in prison or a hefty cash fine not exceeding $10,000.

The felony penalty is only applicable if you possess a record of criminal activity that includes the following crimes:

  • Murder, Solicitation to carry out a murder, or attempted murder.
  • Violent felony crimes that, according to California law, carry a death sentence or a life sentence.
  • Gross vehicular manslaughter.
  • A sex crime that necessitates sex offender registration.
  • Sexual abuse of a child younger than 14 years old.
  • Any other offense involving sexual violence.

Consequences on Immigration Status

In most cases, being charged with shoplifting does not affect the defendant’s immigration status. The law specifies that some convictions can result in deportation. For example, deportation can result from convictions for crimes involving moral turpitude. However, a conviction for shoplifting does not result in automatic deportation.

Expunging Your Conviction

You could be able to get your shoplifting conviction expunged. The elimination of various obstacles related to convictions is one of the main advantages of expungement. If you complete your imprisonment or probation term, the court may consider expunging your conviction.

Role Of Prevention Officers Under State Law

In most cases, loss prevention agents work for private security firms. Many businesses and retailers use these officers to curb shoplifting incidents. Guards control incidents by keeping an eye on customers. However, the loss prevention officers are not members of the law enforcement department. As a result, the officers are unable to apprehend alleged shoplifters.

Under California law, prevention officers may take the following steps if they have reason to believe you are a shoplifter:

  • Request to frisk the defendant.
  • Use appropriate force when holding the accused in their custody.
  • Keeps the accused in custody for an appropriate amount of time.
  • Require you to stay on the property until law enforcement arrives.

It is advisable to refrain from engaging in conversation with the prevention officer while under detention. If you are accused of shoplifting, it is recommended that you withhold your response until you have consulted with your lawyer.

How Prop 47 Affects Shoplifting Law

California approved Prop 47 in 2014. Prop 47 introduced shoplifting (PC 459.5) to California law. It is also known as the Safe Neighborhoods and Schools Act Initiative. Before the program, the law regarded PC 459.5 violations as burglaries. You can be charged with a felony if you are arrested.

If you were previously convicted of burglary before the amendment but were also guilty of shoplifting, Prop 47 has a clause that applies to you. You can request a resentencing under Prop. 47. If the judge grants your request, the court could lower the charges from a felony crime to a misdemeanor.

Legal Defense Against Shoplifting Charges

Criminal defense lawyers can use a variety of legal techniques to refute and counter allegations of shoplifting. Your attorney could refute these charges by demonstrating that:

  • The accused restituted the retail establishment's owner via a civil compromise.
  • The defendant carried out certain acts as part of an unofficial diversion plan.
  • The defendant was falsely accused.
  • The accused had the desire to commit theft once he or she entered the commercial facility.
  • The accused had no intention of committing shoplifting.
  • The accused had been subjected to police misconduct.

Lack Of Intent

The prosecution has to demonstrate the element of criminal intent in a shoplifting case before a judge can declare you guilty. If you showed no intention of stealing anything before accessing a commercial premise, the court can't find you guilty of shoplifting. As a result, if you decide to conceal the products after accessing the retail establishment, you will not be charged with stealing. However, the prosecutor might be able to demonstrate intent based on your remarks after you are arrested.

Restitution By Civil Compromise

When you consent to make restitution to the store owner for damages sustained as a result of a shoplifting case, this is known as a civil compromise. After that, the business owner decides not to file a complaint against you. Some of the losses incurred can include:

  • Loss prevention costs.
  • Lost or damaged merchandise.

You Were Falsely Accused

You could occasionally be the target of false allegations stemming from misidentification. For instance, as you enter a store selling clothing, you notice that many customers are wearing attire similar to yours. If someone takes something, the loss prevention officer can misinterpret the situation and mistakenly accuse you. Other false allegation events are caused by people seeking retribution or feeling angry.

Informal Diversion Program

An informal diversion occurs when you enter a guilty plea and consent to do specific duties to avoid being found guilty. When you sign this agreement, your guilty plea will be delayed until shortly after you carry out specific tasks.

For instance, if you are accused of shoplifting, the court may issue you admission to an informal diversion program. The court sentences you to 25 hours of community service and returns the products you took from the victim. In agreement, you make an admission of guilt.

The judge can grant you an eight-month sentence to complete your community service requirements and reimburse the victim. You meet the schedules and finish the orders as stipulated before the sentence term lapses. When you appear in court again, the jury confirms that you correctly carried out the order. Your not-guilty verdict won't be entered, which means you have no criminal charges on your file.

Intention For Committing The Crime After Entry

When you access a commercial place with no intention of stealing anything, this is known as having an after-entry intention. Instead, you intend to shoplift once you're inside the establishment. Since shoplifting demands that you have the purpose to commit shoplifting before entering the establishment, your attorney could be able to use this legal argument in your case. Even if you are not found guilty of shoplifting, you would still be punished for a petty theft crime.

Police Misconduct

By involving an experienced attorney, you increase the chances of them being able to demonstrate that the law enforcement officers violated your 4th Amendment rights. The United States Constitution forbids law enforcement officers from conducting unauthorized searches or coercing individuals into confessing. If you believe that law enforcement committed misconduct, your defense lawyer can submit a Pitchess Motion to look into previous instances of wrongdoing by the arresting officer.

Error In Facts

An error occurs when a person misinterprets specific information that disproves an element of a crime. This defense is frequently used in cases involving shoplifting as a legal argument to show that you had no intent to steal the goods.

For instance, a defendant enters a clothing store and notices a shirt on the ground that resembles one in his or her collection. Thinking the shirt had fallen off his or her backpack, the defendant picks it up and puts it in his/her bag. The manager notices the defendant and confronts him or her.

In this scenario, the defendant cannot be found guilty of shoplifting. He or she thought the shirt was his/hers, but it wasn't. She did not intend to steal, as proved by the mistake. The defendant cannot be found guilty because the prosecution needs to demonstrate intent as one of the elements when pressing shoplifting charges.

Offenses Related To Shoplifting

The prosecution can accuse you of one of three crimes in addition to or instead of shoplifting. Examples of these offenses include the following:

Burglary

Burglary is classified as a crime under California PEN 459. You're likely to face charges of perpetrating burglary when:

  • You enter any space, building, or locked vehicle.
  • You break into a locked building, vehicle, or space intending to commit theft or any felony crime once inside.

It is important to note that shoplifting is classified under PEN 459, which occurs when an individual enters an open commercial establishment to commit petty theft or take items valued at less than $950. Additionally, shoplifting usually involves petty theft. Petty theft is considered a California misdemeanor crime.

However, if you intend to engage in a felony crime, you could be accused of burglary. Whether you committed a second-degree or first-degree burglary will determine the potential punishment for a PEN 459 offense. First-degree burglary, usually referred to as residential burglary, is a California felony offense.

If found guilty, the following penalties could be imposed:

  • Felony/formal probation.
  • Having to serve a prison sentence of either 2, 4, or 6 years.
  • Paying a hefty fine of no more than $10,000.

Burglary is also considered a strike under California's Three-strikes law. The repercussions for second-degree burglary are usually less severe compared to the penalty for first-degree burglary. Second-degree burglary, also referred to as commercial burglary, is a wobbler offense.

The prosecutor can choose to file misdemeanor or felony charges. If convicted of a felony, you could face the following penalties:

  • Felony probation.
  • Serving a sentence of 16 months, 2 years, or 3 years behind bars.
  • Paying a hefty fine of no more than $10,000.

If found guilty of a misdemeanor in the second degree, you could:

  • Face misdemeanor or summary probation.
  • Serve a maximum of one year behind bars.
  • Paying a hefty cash fine that does not exceed $1,000.

Petty Theft

California Penal Code 484 is the law that applies to petty theft crimes. This offense is committed when:

  • You steal someone else's service or products.
  • The value of the products or services stolen is worth $950 or less.

The following are some of the main differences between petty theft and shoplifting:

If you steal goods from a store while it's open during normal working hours, you will be charged under California PEN 459.5. On the other hand, California PEN 484 occurs when you steal products in any other location or situation.

For instance, if you take your neighbor's hammer, you can be charged with petty theft. However, in this instance, you cannot be accused of shoplifting by the prosecution. Since you did not commit the crime while entering and exiting an open business, you will not be charged.

California law classifies petty theft as a misdemeanor. If you're convicted of the crime, the maximum penalty includes six months behind bars or a $1000 fine. The magistrate has the option to sentence you to misdemeanor probation instead of sending you to jail.

Find A Fresno Criminal Lawyer Near Me

If you're facing shoplifting charges, you should consult with an experienced criminal defense lawyer. A defense attorney can go over the specifics of the case and possible defense strategies you can use in court. We at the California Criminal Lawyer Group can help you build a case to have your charges reduced or dismissed. Our skilled Fresno theft crime attorneys are committed to offering reliable and efficient representation for our clients. Call us now at 559-712-8377.