Accidental shoplifting may sound like an excuse, but it can happen to anyone. From distractions to simple misunderstandings, unintentional actions can lead to serious charges. If you’ve been accused of shoplifting without intent, it’s essential to understand your defense options. Consulting with a criminal defense attorney can be a crucial step in protecting your rights and clarifying your intentions.
What Is Accidental Shoplifting?
Accidental shoplifting occurs when a person leaves a store with an item they didn’t intend to steal. In cases of accidental shoplifting, the crucial factor is intent. To be guilty of theft, there must be proof that the person intended to take the item without paying. If you mistakenly walked out with an item or simply forgot to pay, you may have a strong defense against the charges.
Common Scenarios of Accidental Shoplifting
There are many ways an honest mistake can lead to a shoplifting accusation. Here are a few common examples:
- Items Overlooked in the Shopping Cart: Small items might roll into larger items in the cart and go unnoticed during checkout. If the cashier doesn’t spot them, the customer may inadvertently leave the store with unpaid merchandise.
- Distractions During Checkout: In today’s fast-paced world, distractions like phone calls or urgent messages can cause someone to walk out without completing a purchase. While this is accidental, leaving with unpaid merchandise can still lead to charges.
In both scenarios, a lack of intent is key to establishing that the act was a mistake rather than deliberate theft. However, without evidence to support your account, proving accidental shoplifting can be challenging.
How Intent Impacts Shoplifting Charges
The legal difference between theft and an honest mistake lies in proving intent. Prosecutors must establish that the person intentionally tried to take merchandise without paying. While accidental shoplifting can happen, some people falsely claim this as a defense, so proving genuine intent can require strong evidence.
Evidence That Can Affect Intent
In cases of accidental shoplifting, evidence plays a significant role. Examples of evidence that may support your defense include:
- Security Footage: Video evidence that shows you were distracted or unaware can help support your claim of accidental shoplifting. However, if the footage suggests otherwise, it may be more challenging to prove a lack of intent.
- Witness Testimonies: Statements from witnesses, such as cashiers or store employees, can help clarify the situation. For example, if a cashier verifies that you were distracted, this may help establish an honest mistake.
When intent is unclear, your criminal defense attorney can work to demonstrate that the act was unintentional, potentially leading to a reduction or dismissal of charges.
Defense Options for Accidental Shoplifting
If you’ve been charged with shoplifting for an unintentional action, there are several defense strategies a criminal defense attorney may pursue:
Proving Lack of Intent
The strongest defense against accidental shoplifting is demonstrating that there was no intent to steal. This can be achieved by reviewing video footage, gathering witness statements, or presenting other evidence that shows you simply made a mistake. If the evidence indicates a lack of intent, the prosecutor may drop the charges or reduce them to a lesser offense.
Negotiating Lesser Charges or Alternative Sentencing
In some cases, even with evidence of intent, a defense attorney can negotiate for reduced charges or an alternative sentence. This may involve community service, education programs, or other penalties that avoid a permanent criminal record. For individuals with no prior offenses, alternative sentencing can often provide a way to move forward without severe consequences.
Contact Law Office of Michael L. Fell for Expert Defense Against Shoplifting Charges
Accidental shoplifting can happen to anyone, but it can lead to serious legal consequences if misunderstood. If you or a loved one has been accused of shoplifting, even by mistake, it’s critical to seek legal guidance to protect your rights and explore your defense options. Contact Law Office of Michael L. Fell at (949) 585-9055 to discuss your case and schedule a free case evaluation. Our team is here to help you navigate the legal process and work toward the best possible outcome.