Shoplifting
Charged with Shoplifting in San Diego County?
Retail stores in San Diego take theft very seriously. Whether it's a high end store like Nordstrom or Macy's, a discount store like Loehmann's or Ross or specialty stores like Sephora - store owners have gone to great expense to catch shoplifters. They have hired loss prevention officers (LPO) and installed cameras. They have also developed tough policies that invariably dictate that the police will be called and the store will press for charges and cooperate with the prosecution.
If you have been charged with shoplifting - or worse, burglary - you need to take careful steps to minimize or eliminate the impact a conviction could have on your criminal record and your future. Theft crimes are crimes of moral turpitude, meaning that a conviction could seriously hamper your ability to get or maintain employment. For people who are not citizens, a conviction will likely lead to deportation proceedings.
Shoplifting Can Be Charged Several Ways
There is no California Penal Code section specifically used to charge shoplifting suspects. The following sections are typically used:
Sure, you could just plead guilty, pay the fine and do the time. It's easy to see, however, that a single incident of shoplifting could add up to several charges. And if you are ever suspected of shoplifting again, it will likely be charged as a felony. A skilled attorney can evaluate the facts of your case and help you understand your options. In many cases we can negotiate a plea to a lesser charge or a dismissal. Some cases are appropriate for diversion programs, where the charges are dismissed after completion of a shoplifter's class and a successful period of probation.
Even with all the trained loss prevention officers and the cameras, stores make mistakes. So do the police. The facts of your case might present opportunities to prevail at trial. Sometimes, people get caught up in a misunderstanding and are not even guilty of shoplifting. In these cases, an attorney with experience handling shoplifting cases can help keep your record clean.
If you have been charged with a crime related to shoplifting, contact the Law Office of Kevin K. Denton to schedule your free, in-person case evaluation. We will fight to get you the best possible outcome in your case.
Retail stores in San Diego take theft very seriously. Whether it's a high end store like Nordstrom or Macy's, a discount store like Loehmann's or Ross or specialty stores like Sephora - store owners have gone to great expense to catch shoplifters. They have hired loss prevention officers (LPO) and installed cameras. They have also developed tough policies that invariably dictate that the police will be called and the store will press for charges and cooperate with the prosecution.
If you have been charged with shoplifting - or worse, burglary - you need to take careful steps to minimize or eliminate the impact a conviction could have on your criminal record and your future. Theft crimes are crimes of moral turpitude, meaning that a conviction could seriously hamper your ability to get or maintain employment. For people who are not citizens, a conviction will likely lead to deportation proceedings.
Shoplifting Can Be Charged Several Ways
There is no California Penal Code section specifically used to charge shoplifting suspects. The following sections are typically used:
1. PC 484(a)-488: Petty Theft
Petty theft is a misdemeanor, punishable by a fine up to $1000 or 6 months in County Jail or both. Petty theft is charged whenever there is not enough evidence to charge burglary and the amount of the merchandise was $400 or less.
2. PC 487: Grand Theft
Grand theft is a wobbler - which means it can be charged as either a misdemeanor or a felony, it's up to the prosecutor. Grand theft is charged when the amount of the merchandise is over $400. If you are convicted as a misdemeanor, the maximum sentence is one year in county jail. If you are convicted as a felony, the maximum sentence is three years in state prison.
3. PC 459 or 460(b): Second Degree Burglary
Burglary is charged when the prosecution thinks it can prove that you entered the store with the intent to steal something inside. To get a conviction at trial, they'll have to prove that you formed the intent before you went in - not while you were shopping. Unless you confess this prior intent to the LPO or police, the prosecution will have to use circumstantial evidence to prove you had this intent. Their job is made easier if you were caught with special cutters to remove loss prevention tags or if you entered the store with an empty shopping bag.
Second Degree Burglary is also a wobbler - which means it can be charged as either a misdemeanor or a felony. If you are convicted as a misdemeanor, the maximum sentence is one year in county jail. If you are convicted as a felony, the maximum sentence is three years in state prison.
4. PC 594(a)(b)(2): Vandalism and PC 466: Burglary Tools
Some creative prosecutors in San Diego are charging multiple counts for shoplifting. If you were carrying special tools to remove loss prevention tags from merchandise, you might be charged with petty theft, burglary and possession of burglary tools. If you actually cut-off a tag you might also be charged with vandalism.
You Need A San Diego Criminal Defense Lawyer.Petty theft is a misdemeanor, punishable by a fine up to $1000 or 6 months in County Jail or both. Petty theft is charged whenever there is not enough evidence to charge burglary and the amount of the merchandise was $400 or less.
2. PC 487: Grand Theft
Grand theft is a wobbler - which means it can be charged as either a misdemeanor or a felony, it's up to the prosecutor. Grand theft is charged when the amount of the merchandise is over $400. If you are convicted as a misdemeanor, the maximum sentence is one year in county jail. If you are convicted as a felony, the maximum sentence is three years in state prison.
3. PC 459 or 460(b): Second Degree Burglary
Burglary is charged when the prosecution thinks it can prove that you entered the store with the intent to steal something inside. To get a conviction at trial, they'll have to prove that you formed the intent before you went in - not while you were shopping. Unless you confess this prior intent to the LPO or police, the prosecution will have to use circumstantial evidence to prove you had this intent. Their job is made easier if you were caught with special cutters to remove loss prevention tags or if you entered the store with an empty shopping bag.
Second Degree Burglary is also a wobbler - which means it can be charged as either a misdemeanor or a felony. If you are convicted as a misdemeanor, the maximum sentence is one year in county jail. If you are convicted as a felony, the maximum sentence is three years in state prison.
4. PC 594(a)(b)(2): Vandalism and PC 466: Burglary Tools
Some creative prosecutors in San Diego are charging multiple counts for shoplifting. If you were carrying special tools to remove loss prevention tags from merchandise, you might be charged with petty theft, burglary and possession of burglary tools. If you actually cut-off a tag you might also be charged with vandalism.
Sure, you could just plead guilty, pay the fine and do the time. It's easy to see, however, that a single incident of shoplifting could add up to several charges. And if you are ever suspected of shoplifting again, it will likely be charged as a felony. A skilled attorney can evaluate the facts of your case and help you understand your options. In many cases we can negotiate a plea to a lesser charge or a dismissal. Some cases are appropriate for diversion programs, where the charges are dismissed after completion of a shoplifter's class and a successful period of probation.
Even with all the trained loss prevention officers and the cameras, stores make mistakes. So do the police. The facts of your case might present opportunities to prevail at trial. Sometimes, people get caught up in a misunderstanding and are not even guilty of shoplifting. In these cases, an attorney with experience handling shoplifting cases can help keep your record clean.
If you have been charged with a crime related to shoplifting, contact the Law Office of Kevin K. Denton to schedule your free, in-person case evaluation. We will fight to get you the best possible outcome in your case.