Shoplifting can carry more serious consequences than you might think, especially for repeat offenders. While most big-budget stores are instructed not to follow believed thieves out of the store, they do keep tabs on repeat offenders until they have stolen a felony-level of goods.

In addition, parents are usually responsible for any actions their child conducts within the store. If their child, knowingly or otherwise, is found to have stolen goods, their parents are put on the hook for the shoplifting charges.

San Diego Shoplifting Attorney

If you have been charged with shoplifting, sometimes referred to as retail theft, either directly or as the result of your child’s acting, you need to contact an experienced defense attorney immediately.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your shoplifting case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego Proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Shoplifting Laws in California

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The Crime of Shoplifting Law Under California Law

The law governing shoplifting in California is Penal Code Section 459.5, enacted as part of Proposition 47 in 2014. It redefined certain property crimes to reduce penalties for nonviolent offenses, focusing on rehabilitation rather than incarceration.

Under Penal Code Section 459.5:

  • Shoplifting is entering a commercial establishment during regular business hours with the intent to commit larceny, where the value of the property is $950 or less.
  • Shoplifting is classified as a misdemeanor, unless the defendant has specific prior convictions that qualify for felony sentencing.

This law prevents prosecutors from overcharging defendants by forbidding them from simultaneously charging shoplifting as burglary or theft of the same property.

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California Shoplifting Penalties

Shoplifting under Penal Code Section 459.5 is typically classified as a misdemeanor. If convicted, a defendant may face up to six months in county jail, a maximum fine of $1,000, or both. Courts often impose informal probation with conditions such as community service, counseling, or restitution to the victim.

However, for individuals with prior convictions for serious or violent felonies, including those listed in Penal Code Section 667, shoplifting may be charged as a felony.

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California Shoplifting FAQ

  1. Can shoplifting be charged as a felony?
    Yes, but only if the defendant has prior disqualifying convictions under Penal Code Sections 667(e)(2)(C)(iv) or 290.
  2. What happens if the stolen property is returned?
    Returning the property may influence sentencing but does not erase the crime itself.
  3. Can I get my shoplifting charge dismissed?
    A shoplifting defense attorney can seek dismissal through negotiation, diversion programs, or by challenging evidence.
  4. Will I go to jail for shoplifting?
    Most first-time offenders face probation or alternative sentencing instead of jail.
  5. Is community service an option for punishment?
    Yes, courts often include community service as part of probation.
  6. How long will a shoplifting conviction stay on my record?
    Misdemeanor convictions typically remain on a criminal record unless expunged.
  7. What if the property stolen was valued just above $950?
    Cases involving property over $950 may result in grand theft or burglary charges rather than shoplifting.
  8. Does shoplifting include items taken through self-checkout errors?
    Accidental errors at self-checkout generally lack the intent required for shoplifting but may lead to other civil or criminal claims.

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Additional Resources

California Penal Code Section 459.5 – This California statute contains the legal definition of shoplifting in California, outlining when it applies and its distinction from burglary. It specifies the $950 threshold, penalties, and circumstances under which shoplifting can be escalated to a felony. It also clarifies restrictions on charging shoplifting alongside other crimes like burglary for the same act.

California Cracks Down on Holiday Retail Crime – This article from NBC San Diego covers California’s response to organized retail crime, including increased patrols, arrests, and the recovery of stolen goods. It highlights operations conducted by the CHP Organized Retail Crime Task Force and explains recent legal measures to prosecute serial offenders and dismantle theft organizations.

Program Resource List – Shoplifting – This page from the San Diego Superior Court lists local resources for shoplifting-related rehabilitation and education. It includes service providers offering therapy, classes, and counseling, along with their contact details and areas served.

Tips for Reporting Crimes and Suspicious Activities – This guide from the San Diego Police Department offers advice on reporting crimes and suspicious activities. It explains the difference between emergencies and non-emergencies, provides contact numbers for various situations, and gives a checklist of information to include when reporting incidents to aid police investigations.

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Hire a Lawyer for Shoplifting in San Diego County, CA

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal theft charges for decades and is ready to defend your shoplifting case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego Proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.