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Petty Theft vs. Grand Theft
California
Shoplifting Laws
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Petty
Theft –
Usually charged as a misdemeanor for
first time offenses, Petty Theft
is the act of stealing goods valued
at less than $400. The punishments
for Petty Theft can range
from fines of up to $400 and/or
imprisonment in County jail for
up to 6 months. Under California
Penal Code §666, two or more offenses
of Petty Theft may be charged as either
a felony or misdemeanor,
depending on the value of the goods
stolen and the time that has lapsed
since the previous Petty Theft charge.
Convictions for repeated Petty Theft
offenders may include state prison sentences
of up to 16 months.
Petty Theft that involves stolen goods valued at under
$50 may, in some cases, be reduced
to an infraction and a criminal
record avoided.
·
Grand
Theft
– Charged as either a felony or
misdemeanor, Grand Theft occurs when
the value of the merchandise stolen
is greater than $400. Grand
Theft includes automobiles and other
large-ticket items. Grand Theft
is usually punishable by up to one year
in County jail or a maximum sentence
of 16 months in state prison.
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The
Shoplifting Defense
If
you have been caught Shoplifting,
the charges will most likely be proven by
the following means:
- Store video camera
- Security staff
- Loss prevention staff
- Witness testimony
- Statements made by the accused
In order for the Prosecutor to establish
a solid case for Shoplifting, the following
must be proved:
- The Shoplifter must have been seen approaching
the merchandise;
- The Shoplifter must have selected the
merchandise;
- The Shoplifter must have concealed,
carried away, or converted the merchandise;
- The Shoplifter must have been in continuous
observation by the merchant or witness;
- The Shoplifter must have failed to pay
for the merchandise;
- The Shoplifter must have been approached
by the merchant outside the store;
With Shoplifting, the specific intent of
the person who committed the crime does
not need to be proved. Mental illness,
alcohol or drug-related issues, and medication
cannot be used as a defense to a Shoplifting
charge.
In some cases, with the assistance of an
experienced attorney, a Shoplifting charge
could be reduced to a Trespass charge or
Disturbing the Peace charge if the evidence
is weak, there are no witnesses, or video
available.
Prosecutors analyze each Shoplifting case
individually. The penalties will vary according
to the defendant’s prior criminal
record, value of goods stolen, and other
factors.
Teenage and Juvenile Shoplifting
(Juvenile Petty Theft)
When
a Juvenile is accused of Shoplifting
(teen shoplifting), the
criminal process is different than
in adult court. The juvenile
crime is called an act of delinquency.
The rules applied in Juvenile court
are different than in adult court.
Penalties and Punishments for Juvenile
Shoplifting include:
- Detention (placement or camp)
- Probation
- Juvenile record
- Fines
- Community Service
A good
criminal defense attorney may be
your only defense against a juvenile
spending time in jail, being sent
away to camp or placement. |
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Stephen G. Rodriguez, assisted by his hard-working
California criminal defense associates, aggressively
pursues each legal avenue to secure the most
favorable outcome.
For both felony and misdemeanor Shoplifting
charges, an experienced California criminal
defense lawyer can make the difference.
Please contact
our office for a free, confidential
consultation.
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THEFT
BY SHOPLIFTING
Petty Theft • Grand
Theft
California Law •
Criminal Record
Penalties • Juvenile
Consequences
Felonies • Misdemeanors
Los
Angeles Criminal Defense Attorney
California Criminal Lawyer
Shoplifting
is Stealing
The crime of
Shoplifting is the unlawful
taking of merchandise from a store.
In California, Shoplifting comes with
serious penalties.
Also known as Petty Theft
or Grand Theft, Shoplifting
is charged as a felony or
misdemeanor, depending upon
the value of stolen merchandise
and the defendant’s criminal
record.
Shoplifting
is a common offense in California.
It can have embarrassing consequences.
Shoplifting can blemish your record
and can affect your ability to secure
a good job. Most employers are
reluctant to hire new employees with
a Shoplifting charge on their record.
Shoplifting
is not just walking out of a store
without paying for goods. Shoplifting
includes any form of deception where
the defendant did not pay the asking
price of the merchandise.
Shoplifting
Examples:
- Switching
price tags
- Modifying
merchandise labels
- Consuming
food and concealing the wrappers
- Wearing
articles of clothing and concealing
the tags
- Walking
out of a store, such as JC Penney,
or Wal Mart, without paying for
goods
- Leaving
without paying the bill
SHOPLIFTING
STATISTICS |
- Shoplifting
is the number one property
crime in America
- Over
10% of the public shoplifts
- Teen
or juveniles make
up 25% of all shoplifters
- Retailers
lose over $20 billion worth
of stolen goods each
year
- Los
Angeles has stiff penalties
for shoplifters
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California
Shoplifting Penalties
If you have been
caught Shoplifting or convicted
of a Petty or
Grand Theft crime, you could
be facing a variety of California
Theft Penalties, including:
Criminal
Record |
Consequences |
First
Offense |
- Small
fine
- 1
to 3 years informal probation
- Community
service
- Misdemeanor
charge
|
Second,
Third, or Fourth Offense |
- State
prison sentence of 16 months
to 3 years
-
or -
- One
year in County jail
- Felony
charge
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Your
Attorney Matters
An experienced California criminal
defense lawyer, such as Stephen G.
Rodriguez, will examine all aspects
of your Shoplifting case and look
for any potential charge reductions
and alternative sentence options.
If
you have been charged with the crime
of California Shoplifting, including
Petty Theft or Grand Theft, contact
Stephen G. Rodriguez to get the
best representation for your case.
Law
Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071
Telephone
(213) 223-2173
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