When facing theft charges in California, understanding the distinction between shoplifting and petty theft is crucial. While both offenses involve unlawfully taking property, they have different legal definitions and consequences.
If you or a loved one has been charged with either crime, knowing your rights and possible defenses can help protect your future. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
What Is Considered Shoplifting in California?
California law defines shoplifting under Penal Code 459.5 as entering a commercial establishment during business hours with the intent to commit theft of merchandise valued at $950 or less. Unlike traditional burglary, which involves unlawful entry with intent to commit a crime, shoplifting applies only to theft within an open business.
Key Elements of Shoplifting:
- The act must take place during normal business hours.
- The suspect must intend to steal at the time of entry.
- The stolen property must be valued at $950 or less.
How Is Petty Theft Defined?
Petty theft, covered under Penal Code 484 and 488, is a broader offense that involves unlawfully taking property valued at $950 or less. Unlike shoplifting, petty theft does not require entering a business with intent—it can occur in various situations, such as stealing from an employer or taking unattended items in a public place.
Common Examples of Petty Theft:
- Taking an item from a retail store without paying (similar to shoplifting but without intent at entry).
- Stealing a wallet or purse left on a restaurant table.
- Failing to return borrowed property with intent to keep it.
Legal Penalties for Shoplifting and Petty Theft
Both shoplifting and petty theft are typically charged as misdemeanors in California, but the penalties may vary based on the circumstances of the case and the defendant’s prior criminal history.
Potential Consequences for a First-Time Offense:
- Up to 6 months in county jail.
- Fines up to $1,000.
- Probation and mandatory community service.
- Possible restitution to the victim.
However, if the defendant has prior theft-related convictions or if aggravating factors are present, the charge may be elevated, leading to harsher penalties.
Defenses Against Shoplifting and Petty Theft Charges
If you are facing theft charges, several legal defenses may be available, depending on the circumstances. Some of the most effective defense strategies include:
- Lack of Intent: If you did not intend to steal when entering a business, you may not be guilty of shoplifting.
- Mistaken Identity: Security footage and witness testimony can sometimes be unreliable, leading to false accusations.
- Ownership Dispute: If you believed the property belonged to you, you may have a valid defense against theft charges.
- Illegal Search and Seizure: If law enforcement conducted an unlawful search, evidence against you may be inadmissible in court.
Why You Need a Criminal Defense Attorney
A shoplifting or petty theft conviction can have lasting consequences, including a permanent criminal record that may impact employment and housing opportunities. Seeking legal representation is essential to building a strong defense and negotiating reduced charges or alternative sentencing options.
If you or a loved one is facing theft charges, don’t wait to seek legal help. Contact Law Office of Michael L. Fell at (949) 585-9055 today to discuss your case and explore your best defense strategies.