What Should You Know About Shoplifting Charges in California?
California has a unique definition of shoplifting. To be convicted of shoplifting in California, the accused person must enter an open business with the intent to steal merchandise worth $950 or less.
Generally, California treats shoplifting as a misdemeanor, but it can be punished as a felony under certain circumstances. These and other rules make shoplifting a complicated crime.
This article outlines how California defines shoplifting and why it matters. It also discusses the possible defenses to the crime. Finally, it explains how a Marin County criminal defense attorney can help with shoplifting charges.
What Is Shoplifting Under California Law?
To commit shoplifting under California Penal Code § 459.5, there must be proof that the accused person:
- Entered a commercial establishment (e.g., a store or business), and
- Entered at a time when the business was open to the public (e.g., during the business’ normal hours of operation), and
- Entered the business with the intent to steal items, and
- Intended to or actually took property worth $950 or less.
Each of these requirements must be met. Let’s take a closer look at each one.
Location. Most California theft crimes, such as petty theft, have no geographic limitations. As such, they can occur almost anywhere. But shoplifting must occur within a “commercial establishment.” So, while taking something from a person’s home might be a crime, it would not be shoplifting.
Intent. Many states allow prosecutions for shoplifting regardless of when the person decides. But in California, the accused must intend to steal at the moment they walk into the business. If they enter the store with a non-theft intent, a shoplifting conviction will be difficult. So, if they came into the store intending to buy lipstick but impulsively decided to steal a purse, shoplifting may not be the appropriate charge.
Completion. In California, crimes like petty theft often require proof that the accused actually succeeded in stealing something. This is not true for shoplifting. The intent is what matters. So, if there is proof that someone entered a store with the intent to steal merchandise, they can be convicted of shoplifting even if they didn’t successfully take anything.
Open for business. The law requires that the store be open to the public. So, while stealing from a business during its normal hours is shoplifting, stealing from the same store before or after hours is likely another crime, perhaps commercial burglary
Value. In California, shoplifting applies only to items worth $950 or less. Those who steal more valuable items may be charged with commercial burglary or grand theft.
Is Shoplifting a Misdemeanor or Felony in California?
It depends. In California, shoplifting can be charged as a felony or a misdemeanor depending on the circumstances.
Shoplifting as a misdemeanor
Most shoplifting cases are prosecuted as misdemeanors. The penalties for this crime usually include up to six months in county jail and fines of up to $1,000. Judges also have the authority to impose consequences such as probation, restitution, community service, and theft-prevention classes.
While it’s not guaranteed, many people accused of misdemeanor shoplifting are eligible for diversion under Penal Code § 1001.95. In diversion programs, the judge pauses the case for up to
24 months to allow the defendant to complete certain programs. When the programs are successfully completed, the judge dismisses the charges.
Shoplifting as a felony
- When is shoplifting charged as a felony?
Several factors determine whether shoplifting is a felony or misdemeanor, but the most important is usually the accused person’s prior record.
In 2024, California voters approved Proposition 36. This ballot measure changed the penalties for people convicted of multiple drug and theft crimes. After Prop 36, a first-time offender who steals $950 or less from a business can be charged with a misdemeanor. However, a person with two qualifying theft convictions (or certain convictions for other non-theft violent crimes) can face felony shoplifting charges. This applies even if the charges are misdemeanors or if the merchandise at issue was worth less than $950 in both cases.
- How is felony shoplifting punished?
Generally, the punishment for felony shoplifting is a minimum of
16 months of incarceration with a maximum term of three years. There may also be fines of up to $10,000, restitution, probation, and other punishments.
Are There Defenses to a California Shoplifting Charge?
Yes. The defenses to shoplifting are the same as the defenses to other California theft crimes. Possible defenses include:
- Lack of intent to steal
- Consent
- Mistake
- Alibi
- Mistaken identity
- Insufficient evidence
- Constitutional concerns (e.g., reliance on evidence obtained in violation of Miranda rights or constitutional guarantees).
Frequently Asked Questions about California Shoplifting Charges
- Can a store take me to civil court after my criminal case?
Yes. California law allows businesses to pursue their claims in civil court regardless of the criminal case.
- Will returning or paying for the merchandise prevent me from facing shoplifting charges?
No. Remember, shoplifting focuses on the intent at the time the person enters the store. Returning the property or offering to pay won’t change that. However, a judge or prosecutor might look at it favorably.
- Can a California Shoplifting Conviction Be Expunged?
Yes. California law has recently expanded the types of crimes that are eligible for dismissal. An experienced defense attorney can help with the process.
- Can switching price tags lead to a shoplifting conviction in California?
Maybe. This is a complex question. The answer depends on factors such as whether the tag-switching scheme was formed before entering the store and the value of the merchandise.
How Can a Marin County Defense Lawyer Help Me with Shoplifting Charges?
A shoplifting charge can lead to serious charges and consequences. However, an experienced Marin County criminal defense attorney can help you fight back. Your attorney can help you build a strong defense by:
- Obtaining relevant surveillance footage
- Interviewing witnesses
- Raising constitutional concerns
- Arguing that you had no intent to steal at entry
- Challenging the value of the items or merchandise
- Disputing whether prior convictions should be considered under Prop 36
- Arguing for diversion and similar programs
If you’ve been charged with shoplifting or another theft crime in San Francisco or Marin County, contact Brownstein Law Group. Our attorneys have years of experience handling theft crimes. Over time, we’ve built a reputation as a firm that’s professional but not afraid to fight tooth and nail for its clients. If you hire us, you can rest assured that we’re ready to fight for you. To learn more about how our firm can help you, call 415-795-9059 or use our online contact form to schedule a consultation.