Is Shoplifting a Felony in California?

Shoplifting can be considered a serious crime across the country. In California, shoplifting can be charged as either a misdemeanor or a felony depending on the circumstances of the situation. The associated penalties can be severe so it is crucial that you obtain skilled representation when facing charges. Work with a Tehama County theft lawyer for legal advice and counsel during your case.

What is Shoplifting?

Each state defines shoplifting differently. In California, Penal Code Section 459.5 defines shoplifting as entering a commercial establishment during regular business hours with the intent to steal property not exceeding the value of $950. The definition is specific as entering an establishment to steal outside of business hours or goods worth more than $950 is considered burglary.

Is Shoplifting a Felony in CA?

Shoplifting can be charged as either a misdemeanor or felony depending on the details of the situation and case. This is what is known as a “wobbler.” Misdemeanor charges are more common but you may face felony shoplifting charges if you have prior convictions of any of the following.

• Gross vehicular manslaughter
• Murder
• Attempted murder
• Solicitation
• Sex crimes requiring registration on a sex offender list
• Sex offense against a child under 14 years old
• Sex offense committed through force, violence, or threats
• Serious or violent felonies punishable by life in prison or death

What Are the Penalties for Shoplifting in CA?

The penalties for shoplifting can be severe but vary depending on many factors. Besides potential community service, probation, restitution, etc. below are the main legal penalties associated with shoplifting charges.

Misdemeanor:

• Fines of up to $1,000
• Up to 6 months in county jail

Felony:

• Fines of up to $10,000
• Up to 3 years in state prison

It is important to keep in mind that California operates under the Three Strikes law which includes shoplifting. This sentencing measure means that a defendant with two or more previous “strikes” (as in convictions of certain crimes) will face a minimum of 25 years in prison. Any new felony conviction, including shoplifting, can be punished under the Three Strikes law given that the defendant has at least one serious or violent prior conviction.

How Can I Defend Against Shoplifting Charges?

As established, the penalties for shoplifting can be severe. It is important to understand your defense options when facing these charges. One effective defense is a lack of intent. If you did not intend to steal at all or did not intend to steal until after you entered the establishment, you could avoid shoplifting charges and face petty theft or some reduced charge.

Additionally, you could have been operating under false information. Maybe you believed that a friend or relative paid for the item so you took it not knowing that you were shoplifting.

You could also ask for a diversion instead of a conviction. Through diversion, you can plead guilty and offer to return the items, complete community service, pay restitution, etc. in exchange for dismissing your charges.

Discuss your legal options and defenses with a skilled attorney at Cohen Criminal Law.