Shoplifting

Penalties for Shoplifting in California

Under state law, shoplifting is a petty theft crime offense that occurs when the value of stolen goods is no greater than $950. It includes not only concealing an item in a bag or under clothes with the purpose of smuggling the item out of a store, but also altering or removing a price tag or magnetic anti-theft device.

If you are convicted on the charges, you can be sentenced to pay a $1,000 fine and serve up to 6 months in jail, as well as being placed on probation for several years. In cases where the stolen goods were of low value, it may be possible to negotiate with the D.A. to have the misdemeanor reduced to an infraction. This type of reduction is based on the fact that shoplifting is a “wobbler,” an offense that can sometimes be addressed in this way.

One of the most common defenses to a charge of shoplifting is to allege the defendant simply did not have the intention of stealing the item. If, for example, it was in a purse or other open bag, it might be possible to argue that you merely placed it there with the intention of paying at the cash register, but then forgot about the item.