Shoplifting

Shoplifting is one of the most common criminal offenses across the country. Taking something from a store without paying for it could be done out of necessity, to impress friends, or as part of a criminal enterprise. Shoplifting may also be committed by employees who find it easier to take something without anyone knowing.

Unfortunately, innocent people can be charged with shoplifting because of a mistake, misunderstanding, or forgetting about an item in their bag. The prosecution may rely on threats of jail time to get defendants to plead guilty, even if they never committed a crime. If you are accused of shoplifting, talk to an experienced criminal defense lawyer for help before agreeing to a plea bargain.

What Is Shoplifting?

Shoplifting laws involve stealing goods or merchandise from a store without paying the full price. Even if you don’t leave the store, attempting to conceal merchandise or changing the price tag might be considered shoplifting. Taking a shopping basket from the store might also be considered shoplifting. Some common examples of shoplifting include:

• Eating a candy bar in a convenience store without paying for it
• Putting sunglasses in a friend’s bag without them knowing
• Hiding a video game in a store trash can to retrieve it from the garbage later
• Changing the price tag on a dress to pay a lower price

Some people consider shoplifting to be a relatively minor offense. Large retail establishments expect a certain amount of profit loss due to shoplifting, and it often happens without anyone facing threats of harm.

However, even taking items of small value can lead to criminal charges, if the store owner wants to press charges and the prosecutor wants to set an example. And having a theft crime on your record can negatively affect your reputation. In some cases, if you allegedly shoplifted multiple items over time, the value of the stolen items can be added up or aggregated to increase the criminal charge to a felony.

Retail Theft by Employees

A lot of retail theft is committed by employees. Clothing stores and retail stores may have a lot of security systems in place, like security guards, electronic door alarms, and security tags. However, employees may find ways to get around these safeguards. Shoplifting by employees could involve:

• Putting items in their bag when going home
• Tagging the wrong price on an item for a friend to buy
• Marking an item as damaged and keeping it

Employees often try to justify taking property from the store. This may be to get back at the owner for mistreatment or because the employee thinks they are underpaid. Even if you have a real grievance against your boss, the police will consider taking something without paying for it to be theft or larceny.

Criminal Penalties for Shoplifting

The criminal penalties for the crime of shoplifting depend on the value of the merchandise and on whether you have a prior conviction. The level of offense for shoplifting is determined by the value of the stolen property.

Theft of property below a certain value is generally charged as a misdemeanor. A misdemeanor shoplifting conviction could result in jail time of up to a year, a fine, and a criminal record.

For a first-time offense, the court may offer diversion, which means if you complete certain probationary terms the charges could be dismissed. You may still have to pay for the value of the stolen goods and do community service. On a first-time shoplifting offense, a prosecutor will consider certifying the case as a petty misdemeanor theft, which is only subject to a fine and not considered a crime under most state laws.

In most states, if the value of the goods stolen is more than $1,000, you could face felony charges for grand theft, which could mean higher fines and a potential state prison sentence if you are convicted. You may also find it harder to get a job, find housing, own a firearm, vote in an election, and serve on a jury panel.

Civil Penalties

There may also be civil shoplifting penalties. A civil lawsuit allows the property owner or retailer to sue you for the value of the stolen property. You may be liable for the cost to replace or recover the item and additional damages. Also, the burden of proof is lower in a civil case than in a criminal case. This means that even if you are found not guilty in a criminal court, you could still be liable for paying damages to the store owner.

Defense Strategies for Shoplifting Charges

Your criminal defense attorney may advise you about several legal strategies and ways that you can defend yourself against criminal charges. During a consultation with your defense lawyer, you will get legal advice about the strongest theft defenses that apply to your shoplifting case. Some common shoplifting defenses include:

• That you had no intent to steal the goods
• Someone else placed the item in your bag
• There is no evidence of theft
• You are the victim of mistaken identity
• You intended to pay for the item

In many situations, the police and prosecutor make the defendant feel like they have no choice but to accept a plea deal, even if they did nothing wrong. Before you agree to plead guilty to any crime, make sure you seek legal representation and have a chance to talk to a criminal defense lawyer for legal advice.