According to Penal Code 459.5 PC, shoplifting involves entering a commercial establishment intending to steal property worth $950 or less during working hours. Courts often charge shoplifting as a misdemeanor in California. However, if an individual is accused of shoplifting, the presence of some factors can significantly enhance the severity of the crime, escalating it to a felony. The judge can impose a jail term of several years if this happens. This is a repercussion that you should not take lightly; consult a skilled criminal defense attorney immediately if you face shoplifting charges.
Proposition 36, passed in 2024, allows certain theft offenses under $950 to be charged as felonies if the defendant has two prior theft or drug convictions.
Shoplifting Under California Law
According to Penal Code 459.5, shoplifting is knowingly entering a commercial establishment during working hours to commit theft. This differs from burglary, which involves entering a business establishment after working hours or when no one is present. Once you understand these legal definitions, you can feel more informed about your situation. The intent to steal under the law is chargeable as the real act of stealing. In this case, you can face shoplifting charges if you intend to steal, even if you did not succeed in stealing anything. You can face charges even if the security officers catch you before leaving the store. The judge considers the defendant’s intent, not just their actions.
Circumstances Where Shoplifting Can Be A Felony
In California, shoplifting can be a felony if any of the following circumstances apply:
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Prior Criminal Convictions
The district attorney can decide to file felony shoplifting charges if you have been previously convicted of either:
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Solicitation under Penal Code 187
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Attempted murder
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Murder
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Gross vehicular manslaughter under PC 191.5
The District Attorney’s discretion can add an element of uncertainty to your case. Other prior convictions that can lead to felony shoplifting charges include:
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Any violent or serious felony punishable by life in prison or death
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Any sex crime committed through threats, violence, or force
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Any sex crime against a child under 14 years old
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Possession of a weapon of mass destruction
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A sex offense requiring sex offender registration
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Any other felony punishable by death or life imprisonment
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The Value of Stolen Goods Exceeds $950
The value of goods stolen, whether above or below $950, differentiates petty theft, often considered misdemeanor shoplifting, from grand theft. Your Penal Code 459.5 offense will no longer be considered shoplifting if you enter a store and steal jewelry, electronics, or other assets exceeding $950. Instead, you will face grand theft charges, which attract severe penalties, including felony charges.
Grand theft is covered under California Penal Code 487. An individual can commit grand theft by embezzlement, trick, pretense, or larceny.
Grand Theft By Embezzlement
Grand theft by embezzlement does not involve stealing property but misusing or taking advantage of property entrusted to you for personal gain. The elements of theft by embezzlement are outlined under the Jury Instruction ‘’CALCRIM’’ 1806. If the prosecutor accuses you of this offense, the prosecutor must prove the following elements:
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You were entrusted with a particular asset by the owner of that asset
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The owner of the asset put you in a position of trust concerning the asset
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You used or took that asset fraudulently for your benefit
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You intended to deprive the owner of their property, either temporarily or permanently
Grand Theft By Trick
The elements of grand theft by trick are covered in the Jury Instruction ‘’CALCRIM’’ 1805. If the prosecutor accuses you of this offense, the prosecutor must prove the following elements:
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You took another person’s property and knew it was owned by someone else.
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You used deceit or fraud to obtain property or to make the owner allow you to take over their property.
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You took over the property, intending to deprive the owner of the property permanently, or you took over the property from the owner for a significant period and deprived them of the enjoyment of the property.
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The owner of the property did not intend to transfer ownership of the property to you.
Grand Theft By False Pretenses
Grand theft by false pretense involves taking another person’s property through deception. If the prosecutor accuses you of grand theft by false pretenses, he/she must prove the following elements:
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You intentionally and willingly deceived another person by telling them lies
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You used pretense to convince that person to allow you to take over their property
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The person believed your lies and allowed you to take over their property
Grand Theft By Larceny
Larceny is a combination of shoplifting & burglary-related offenses. The prosecutor must prove the following elements for you to face grand theft by larceny charges:
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You took the property that belonged to another person
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You had no consent from the owner
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You intended to deprive the owner of the property permanently or temporarily
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You moved the property for some distance and kept it for a while
If the prosecutor claims that you executed grand theft under any of the above theories, the jury does not have to agree on which theft you committed. The jury should only agree that you took another person’s property in any of the above ways. However, they must agree unanimously on whether you committed petty theft or grand theft. You will face a lesser crime of petty theft if they disagree that you engaged in grand theft but agree that you committed theft.
Wage Theft
An employer can be guilty of wage theft if he/she deliberately fail to pay their employee. This offense is often charged as grand theft if the employer withholds:
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Wage that exceeds $950 from their employee within one year
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Wage that exceeds $2,350 from one employee and at least one other employee within one year
Penalties For Grand Theft
The prosecutor can decide to file Penal Code 487 charges against you as misdemeanor or felony charges. He/she will base their decision on your criminal record and the circumstances of your case. You can face a jail term that does not exceed one year if the jury convicts you of a misdemeanor. On the other hand, you could face the following penalties if the jury convicts you of a felony:
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A jail term of 16 months, two years, or three years
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Felony probation with a jail term that does not exceed one year
The court can also order you to pay restitution to reimburse the victim for the losses incurred. You risk deportation if you are a non-citizen. Your career license can also be suspended or revoked depending on your profession.
Penalties For Grand Theft Using A Gun
You can face felony charges if you are guilty of grand theft of a firearm, also referred to as grand theft of a firearm. This offense can attract a jail term of 16 months, two years, or three years in a state prison.
Under Penal Code 1192.7(c), grand theft of firearms is often treated as a serious felony. In this case, grand theft firearm is a strike crime according to California’s three-strikes law.
Penalty Enhancements
You will face an additional and consecutive prison sentence if your grand theft charges are felonies and the property you stole is worth the following:
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An additional jail term that does not exceed one year if the property you stole exceeds $50,000
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An additional jail term that does not exceed two years if the property you stole exceeds $200,000
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An additional jail term that does not exceed three years if the property you stole exceeds $1,000,000
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An additional jail term that does not exceed four years if the property you stole exceeds $3,000,000, plus one year for every additional property loss of $3,000,000
The judge will aggregate the value of all property stolen during a series of thefts committed as part of a single scheme or plan.
Retail Theft Charges
Retail theft offenses under Penal Code 496.6 differ from possession of shoplifted retail property exceeding $950 with the intent to return, exchange, or sell it. This crime is known as illegal deprivation of a retail business opportunity. The courts often treat this offense as a wobbler. You can face a jail term that does not exceed one year if the jury convicts you of a misdemeanor. On the other hand, felony charges can attract a jail term of 16 months, two years, or three years. The judge can also impose a restraining order against you for two years, preventing you from entering the retail establishment where you were convicted of stealing from
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Organized Retail Theft - Penal Code 490.4
Other situations that can lead to felony shoplifting charges include organized retail theft. This can occur when several people act together to steal merchandise. Retail theft has been a concern for most businesses because California has experienced increased organized retail theft. Large-scale reselling of stolen property, coordinated theft rings, and high-profile smash-and-grab cases have prompted the authorities to introduce harsher penalties.
The purpose of these new laws is to curb offenses, but also impose tougher penalties on perpetrators. It is important to understand the legal changes and possible repercussions of revised retail theft laws if you are charged under them.
Additionally, an allegation does not automatically lead to a conviction; an experienced criminal defense attorney can develop a strong defense to make a difference.
Effective January 1, 2025, the new laws enhanced the penalties significantly for organized retail theft and expanded what is deemed a felony crime. Crucial changes included:
Tighter Vehicle Theft Laws
The justice system removed the so-called ‘’locked door loophole, permitting judges to charge you with vehicle burglary regardless of whether the vehicle was locked. It also permits several car break-ins to be aggregated to reach felony status.
Criminalizing Possession Of Stolen Goods
You can face a jail term that does not exceed three years if you have stolen property exceeding $950 and the prosecutor feels you intended to exchange or sell it. The judge will sentence you even if you did not steal the goods.
Retail Theft Restraining Orders
Judges can ban convicted people from entering certain retail shops for a period that does not exceed two years. The purpose of this is to curb repeat crimes.
Enhanced Sentences For Organized Theft Rings
You can face steeper penalties if you engage in large-scale resale of stolen goods. The court can impose an additional year in prison if your stolen merchandise exceeds $50,000, with even tougher punishment for higher amounts.
Aggregation Of Theft Amounts
Prosecutors can combine the value of property stolen from several incidents or people to surpass the $950 felony grand theft threshold. In this case, smaller, separate thefts, once regarded as misdemeanors, can attract felony charges when combined.
The new laws can be applied in the following situations:
Possession Of Questionable Goods
You can face charges for possessing stolen goods if you unknowingly buy stolen goods in bulk at a flea market. In this case, the judge will impose severe punishment even if you did not commit the theft yourself.
Coordinated Theft Ring
If two or more individuals plan and commit theft where the stolen goods are resold online, they can face additional punishment even if they stole the goods individually.
Multiple Store Thefts
You can face felony charges if you steal merchandise worth $400 from three different retailers over several weeks, and if the goods exceed $950.
Penalties For Engaging In Organized Retail Theft
Courts in California currently impose harsher penalties on organized retail theft. You can face felony charges if the merchandise you stole exceeds $950. Felony charges will attract a jail term of 16 months, two years, or three years under Penal Code 490.4. You can also face enhanced penalties depending on the nature of your theft, such as prior offense, use of conspiracy, or force to commit several thefts. A felony conviction will remain on your permanent record, impacting future immigration status and chances of employment.
Sentence Enhancement
You can face an enhanced sentence if you are guilty of participating in large-scale organized theft operations. The court can impose an additional one-year sentence enhancement if the goods you stole exceed $50,000. On the other hand, you can face an additional two years in prison if the goods you stole exceed $100,000.
Restraining Orders
The judge can issue a restraining order preventing you from entering specific retail stores for a period that does not exceed two years. You will face additional criminal charges and penalties if you violate a retail theft restraining order. The court can impose this order at its discretion, and the order applies even if you have not been charged with aggressive or violent behavior.
Defenses To Shoplifting Charges
Shoplifting can appear like a minor crime, but the law allows shoplifting to be charged as a felony under several circumstances. Securing the services of a competent criminal defense attorney can be an advantage because prosecutors often look for reasons to charge this offense as a felony. Your attorney will review your case and develop an effective defense strategy against your charges. Some of the defenses you can present include:
Coerced Confession
Sometimes, law enforcement officers can use overbearing methods to coerce an involuntary confession of shoplifting. Some of the unlawful or improper interrogation methods can include:
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Making false promises of leniency in exchange for a confession
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Beating you
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Depriving you of sleep, water, or food
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Continuing to ask you questions even after requesting an attorney
The above tactics can be so severe that an innocent person can admit to a crime he/she did not commit. The judge can drop your case or exclude your confession from the evidence if your attorney convinces the judge that you were coerced to confess.
Entrapment By Law Enforcement Officers
Entrapment defense can be a valid defense in cases where you would not have committed the alleged crime were it not for the coercion, threats, or harassment by the police. Entrapment happens when an undercover policeman persuades you to commit shoplifting. This defense can be admissible in court if you prove it by a preponderance of the evidence.
False Allegations
It is common for people to be convicted because of false accusations. Anger, revenge, jealousy, or attempts to cover up one’s criminal involvement are why someone can falsely accuse you of shoplifting.
Find A Criminal Defense Attorney Near Me
Usually, shoplifting is a misdemeanor offense under California law. However, under certain circumstances, shoplifting can be a felony offense. You could face felony grand theft charges if you shoplift items worth over $950. Grand theft is a felony offense that can be charged as a misdemeanor or felony. Felony charges can also apply if you have prior convictions for serious crimes.
Felony offenses attract severe charges, including jail time and hefty fines. Contact a reliable attorney immediately when you face shoplifting charges. Your attorney can help you create a defense to fight your charges and ensure the offense does not become a felony. For reliable legal guidance and defense in Van Nuys, you can count on Leah Legal. Call us at 818-484-1100 to speak to one of our attorneys.