Don�t face shoplifting or petty theft charges without skilled legal representation.

Effective Theft Defense

Fight Theft & Shoplifting Charges

Facing shoplifting or petty theft charges can have lasting consequences on your career, reputation, and personal freedom. With the guidance of an experienced criminal defense attorney, you can explore strategies to protect your rights and work toward reducing or dismissing the charges against you.

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Effective Theft Defense

Fight Theft & Shoplifting Charges

Facing shoplifting or petty theft charges can have lasting consequences on your career, reputation, and personal freedom. With the guidance of an experienced criminal defense attorney, you can explore strategies to protect your rights and work toward reducing or dismissing the charges against you.

Schedule a Free Consultation

Effective Theft Defense

Shoplifting Charges

Facing shoplifting or petty theft charges can have lasting consequences on your career, reputation, and personal freedom. With the guidance of an experienced criminal defense attorney, you can explore strategies to protect your rights and work toward reducing or dismissing the charges against you.

Schedule a Free Consultation

Understanding Shoplifting and Petty Theft Charges

Facing charges for shoplifting or petty theft can leave you feeling unsure about your future and the potential consequences. California law takes theft-related offenses seriously, especially repeat violations, and the penalties can be severe. When you are facing theft charges, it is important to understand the legal consequences that could happen if you are convicted of petty theft in Fresno.

What Is Shoplifting and Petty Theft?

Shoplifting and petty theft are common theft offenses under California law.

Shoplifting typically involves entering a store with the intent to take merchandise without paying for it, as defined under Penal Code 459.5.
Petty Theft refers to stealing property valued at $950 or less, as outlined in Penal Code 484(a) and 488.

Both are generally charged as misdemeanors unless specific aggravating circumstances apply. These offenses may involve acts such as:

Hiding an item and leaving the store without paying.
Changing price tags on goods.
Eating food or using items in a store without paying.

If the stolen item’s value exceeds $950, the defendant may face grand theft charges, a more serious offense that can be charged as either a misdemeanor or felony depending on the case.

California law states that defendants can only face one charge if the same act involves overlapping offenses like shoplifting and burglary, meaning prosecutors must select which charge to pursue.

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Proposition 47 and Prop 36 Updates

Recent changes in California legislation have a significant impact on theft-related offenses, including shoplifting and petty theft:

Proposition 47

Prop 47, passed in 2014, aims to reduce the severity of certain non-violent crimes. Here’s how it affects theft offenses:

Petty theft involving property valued at $950 or less is classified as a misdemeanor, even if the defendant has prior theft convictions.
Felony charges are reserved for cases where the defendant has past convictions for severe crimes, such as a registerable sex offense or qualifying violent felonies under Penal Code 667(e)(2)(C)(iv).

This law seeks to reduce prison overpopulation by focusing on rehabilitation rather than extended incarceration. However, convicted individuals can still face jail sentences and other penalties.

Proposition 36

Introduced in late 2024, Prop 36 brings critical updates, particularly targeting repeat offenders. Key provisions include:

Defining "wobbler" offenses for petty theft with two or more prior convictions, meaning the crime can be charged as either a misdemeanor or felony depending on the case’s circumstances.
Enhanced penalties for repeat offenders and aggregated stolen property values from multiple incidents that exceed felony thresholds.
Mandatory judicial review for repeat offenses to assess risks to public safety and determine appropriateness of pre-trial release.

Prop 36 emphasizes rehabilitation for those with qualifying drug-related property crimes but increases penalties for theft offenses involving significant financial loss, organized crime, or repeat behavior.

Secure a strong defense by hiring a Fresno criminal lawyer who knows how to handle petty theft defense.

Connect with a dedicated Fresno attorney today for petty theft charges.

Penalties for Shoplifting and Petty Theft

The consequences for shoplifting and petty theft can be far-reaching. Below are some potential outcomes you may face if convicted:

Jail Time: Misdemeanor convictions can result in up to six months in county jail, while felony charges may bring longer sentences.
Fines and Restitution: Monetary penalties, including restitution payments to victims, may be ordered.
Probation: First-time offenders often receive probation sentences but must comply with conditions set by the court.
Mandatory Programs: Courts may require theft diversion classes, community service, or participation in an Adult Offender Work Program.
Immigration Consequences: Theft convictions are considered crimes of moral turpitude, potentially resulting in deportation or inadmissibility for non-citizens.
Loss of Employment and Licensing: Theft convictions can harm job prospects and lead to the revocation of professional licenses.
Civil Liability: Businesses may pursue civil damages for shoplifting incidents.

The long-term impacts of a theft conviction, such as having a criminal record, underscore the importance of pursuing every available defense.

Defenses for Shoplifting and Petty Theft

When facing shoplifting or petty theft charges, building a strong defense is crucial. Several strategies can be employed depending on the specifics of the case, each aimed at challenging the accusations and protecting the rights of the accused.

Lack of Intent

A common defense in theft-related cases is demonstrating a lack of intent. Your attorney may argue that the act of leaving the store without paying was accidental. This could be due to absentmindedness, confusion, or a simple misunderstanding rather than a conscious effort to steal. Proving this lack of intent can be pivotal in cases where there was no deliberate wrongdoing.

Claim of Right

Another viable defense involves the belief that you had a legitimate claim to the property in question. If you genuinely thought the item was yours or that you had the right to take it, theft charges may not apply. Establishing this claim of right can help demonstrate that the act was not committed with criminal intent.

Your case deserves individual attention from a Fresno criminal lawyer.

False Accusations

Mistaken identity and false accusations are also common challenges in shoplifting and petty theft cases. Surveillance footage or eyewitness testimony may misidentify someone or misrepresent what actually occurred. Your lawyer can review evidence thoroughly and present alternative explanations to challenge the validity of the accusations against you.

Diversion Programs

For first-time offenders, many courts offer the opportunity to resolve charges through participation in a diversion program. These programs often involve community service, counseling, or restitution. Upon successful completion, charges may be dismissed, providing a path to a clean record while avoiding a criminal conviction.

Defend Against Petty Theft Charges

Shoplifting and petty theft charges carry serious consequences that go far beyond legal penalties, affecting your career, reputation, and even immigration status. A skilled criminal attorney can analyze evidence for weaknesses, negotiate reduced penalties, and advocate for the best possible outcome. Ignoring these charges may lead to harsher consequences, making prompt action essential.

Our office has handled thousands of theft cases, and we understand the best defenses available to you. If you’re facing theft charges in Fresno, we will work with you to provide a proactive defense aimed at reducing or dismissing the charges whenever possible. You can be confident that we will advocate for the best possible outcome in your case.

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Fight back against shoplifting charges with a seasoned Fresno criminal defense lawyer.

Defend Against Petty Theft Charges

Shoplifting and petty theft charges carry serious consequences that go far beyond legal penalties, affecting your career, reputation, and even immigration status. A skilled criminal attorney can analyze evidence for weaknesses, negotiate reduced penalties, and advocate for the best possible outcome. Ignoring these charges may lead to harsher consequences, making prompt action essential.

Our office has handled thousands of theft cases, and we understand the best defenses available to you. If you’re facing theft charges in Fresno, we will work with you to provide a proactive defense aimed at reducing or dismissing the charges whenever possible. You can be confident that we will advocate for the best possible outcome in your case.

Schedule a Free Consultation Our Services

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