Shoplifting, or petty theft, is the intentional taking of merchandise from a store without permission and with the intent to deprive the business of the property.
Petty theft charges include shoplifting or burglary, and both charges are usually considered a misdemeanor, as long as the person is not barred under the law and the amount is typically under $950.00.
If the value of the property is over $950, then the theft could be charged as grand theft, which is usually charged as a felony. In shoplifting cases, there are stiff penalties that will be life consequences, including jail, prison, restitution, court fines and fees.
Moreover, prosecutors are not permitted to charge both burglary and shoplifting or robbery when it includes the same property. The District Attorney will need to choose the charge when filing the criminal complaint. In this way, the prosecutor loses the bargaining chip they have ordinarily been permitted to do when charging these sorts of criminal acts.
A first offense shoplifting could result in a probation sentence, fines, and up to six months in jail. The judge could also order theft classes, fines, community service, as well as Adult Offender Work Program (community work). You may also be required to pay restitution to the court and victim. When you are facing a criminal shoplifting charge, it is necessary to hire a criminal lawyer that understands theft cases.
Shoplifting convictions can have severe consequences on your personal freedom and it can result in a loss of employment, loss of certain state licenses, and even deportation or other immigration consequences.
A theft conviction will act as a prior for life and are considered crimes of moral turpitude, especially when applying for employment or for immigration purposes.
Further, the business can also request civil penalties if you are shoplifting from their store. Contact a criminal attorney to find out the steps to take to avoid these criminal and civil consequences.
Aggravated while collar enhancement may occur when a person who is convicted of two or more fraud-related or embezzlement-related felonies, in a single prosecution, that result in a loss of more than $100,000 shall be punished with an additional consecutive imprisonment.
This enhancement will be charged if there is a "pattern of related felony conduct" which means engaging in at least two felonies that have same or similar purpose, result, victims, principals, methods of commission, or are otherwise related by distinguishing characteristics and are not isolated events.
White collar enhancements will result in a prison sentence even when the crime is not a violent or serious crime. This means that if a person is sentenced to prison, the time must be served in state prison as opposed to the local county jail. Therefore, retaining a knowledgeable criminal defense lawyer is your best bet to stay out of prison.
Proposition 47 amends Penal Code section 666, petty theft with a prior. Now, the law only allows a felony to be alleged when the defendant has a prior theft conviction, but only if the defendant also has a prior conviction for a registerable sex offense or a crime specified in Penal Code section 667(e)(2)(C)(iv).
The amendment to the law no longer allows a person to be charged with a felony, no matter how many prior theft convictions they have, although the Court may still require a jail sentence.
By contacting the Law Offices of Tina M. Barberi, PC, our criminal lawyer will figure out whether your case qualifies under the law so as to guarantee you are not wrongly accused of a lawful offense or charged mistakenly on any burglary offense you are confronting.
Punishment for shoplifting can be severe despite the fact that they are considered white collar crimes. Many instances, the judges and district attorney does not look at the circumstances around the case unless they are forced to do so. Without a strong advocate, it can be very difficult to overcome the stigma surrounding a theft charge.
Some possible consequences of a shoplifting conviction include:
Our law office routinely handles petty theft cases and has had outstanding results, the vast majority of which have been dismissed. We have helped hundreds of people charged with a theft crime and we will work just as hard for you and your case.
If you were recently arrested and charged with a petty theft, speak to a devoted criminal defense lawyer from the Law Offices of Tina M. Barberi, PC as quickly as possible to discuss your shoplifting charge.
Regardless of the fact that you may be guilty of the charges against you, our educated criminal attorney will attempt to get a reduced sentence in the charges or even a dismissal. There are different options then to just enter a guilty plea. By contacting us now, we will clarify your choices.
Call today for a free consultation to discuss your case.