When is Shoplifting a Felony?
Shoplifting, when it crosses a certain threshold, can be charged as a felony in California. Penal Code 459.5 PC defines shoplifting as entering a commercial establishment with the intent to steal items valued at $950 or less during normal business hours. This is a crucial point to grasp, as it underscores the serious legal implications of shoplifting.
Shoplifting, typically a misdemeanor, can escalate to a felony under certain circumstances in California. If convicted, this escalation can lead to severe legal consequences, including several years of imprisonment. The potential severity of these consequences should not be underestimated, and it's crucial to be fully aware of the potential outcomes, as they can significantly impact your life.
Under Proposition 36, a third-time theft crime can be a felony punishable by 16 months, 2 years, or 3 years in jail. The prior two convictions do not matter if they were for petty theft, shoplifting, burglary, robbery, or carjacking.
The decision to file felony shoplifting charges is not taken lightly. It is a significant decision made by the district attorney, particularly when there is a prior conviction for serious offenses such as gross vehicular manslaughter, murder, attempted murder, or solicitation.
Other prior convictions for felony shoplifting charges include sex crimes requiring sex offender registration, any offense on a child under 14 years old, any sex offense committed using force, violence, or threats, and any serious felony or violent felonies punishable by life in prison or death.
Further, other situations that could lead to felony shoplifting charges include organized retail theft, which is when two or more people act together to steal merchandise.
Another situation that could lead to felony shoplifting charges is grand theft, which applies if the stolen property is worth more than $950 or if the offender has a serious criminal record, including other offenses that indicate a pattern of criminal behavior, such as multiple theft convictions or violent crimes.
Definition of Shoplifting
The full text of California Penal Code 459.5 PC says -
"(a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).
Any other entry into a commercial establishment with the intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property."
Entering a Business to Commit a Crime
It's important to understand that shoplifting, which involves entering a commercial establishment during business hours with the intention of committing larceny, is different from burglary.
Burglary occurs when a business is entered after normal store hours or when the business is vacant. Understanding these legal distinctions can make you feel more informed and less confused about the charges you may be facing.
For misdemeanor shoplifting charges, the threshold value of the items stolen or intended to be stolen must be $950 or less.
The intent to steal is just as prosecutable as the actual act of stealing. This means that you can be charged with shoplifting if you have the intention to steal the items, even if you were caught before you could leave the store.
Actions such as concealing items, tampering with security devices, or attempting to leave the store without paying for items can demonstrate intent to steal. California law permits the felony charge of shoplifting when any of the following three circumstances apply:
- The value of stolen goods exceeds $ 950,
- The offense is part of an organized retail theft, or
- The offender has a history of certain prior convictions at the time of the shoplifting.
Value of Stolen Goods Exceeds $950
The value of $950 differentiates petty theft, often related to misdemeanor shoplifting, from what is considered Penal Code 487 PC grand theft under California law.
Suppose you enter a store and steal electronics valued at more than $950. In that case, it's no longer considered Penal Code 459.5 shoplifting. Rather, it becomes felony grand theft, which can carry harsher penalties, including up to three years in county jail.
The intent to steal property valued at over $950 elevates the offense. Even if you do not successfully leave the store with the items, the value of the goods plays a deciding role in the charges you may face.
Organized Retail Theft
Shoplifting can also be charged as a felony under Penal Code 490.4 PC, which defines organized retail theft. This law applies when two or more people work together to steal merchandise for financial gain.
The goal in these cases is typically to resell, exchange, or return the stolen goods for money. Organized retail theft is more serious than an individual shoplifting offense because it reflects premeditation and collaboration.
For example, if two people enter a store, gather valuable merchandise, and coordinate their actions to avoid suspicion or detection by employees, they may face felony charges.
Previous Criminal Convictions
Suppose you have a criminal history involving certain prior convictions at the time of the shoplifting. In that case, you might also face felony charges under PC 459.5. The prior convictions normally involve serious or violent felonies or sex crimes, including the following:
- Any crime requiring registration as a sex offender (PC 290).
- Sex crimes against minors under age 14.
- Any violent sex crime involving force, weapons, or threats.
- Murder under Penal Code 187 PC.
- Solicitation to commit murder (PC 653f).
- Gross vehicular manslaughter (PC 191.5.
- Possession of a weapon of mass destruction.
- Any felony punishable by death or by life imprisonment.
What Are Related Offenses?
- Penal Code 459 PC burglary is entering any structure, room, or locked vehicle with intent to commit a theft or felony once inside.
- Penal Code 487 PC felony grand theft involves stealing property worth over $950. It carries three years in prison and a fine of up to $10,000.
- Penal Code 484 PC petty theft is stealing property or services worth $950 or less. You will be charged with petty theft if the prosecutor can't prove you had the intent to steal when you entered the store.
- Penal Code 602 PC trespassing is entering or remaining on someone's property without permission or without a right to do so. You could face both trespass and burglary charges.
Felony Shoplifting Penalties
As noted, California law allows for numerous circumstances under which shoplifting can be filed as a felony, which carries the following penalties:
- Fines up to $10,000.
- Up to 3 years in state prison.
- Victim restitution.
- Forfeiture of the right to own firearms.
Common Shoplifting Defenses
Prosecutors will look for reasons to charge shoplifting as a felony. Thus, hiring a California criminal defense lawyer gives you the best chance of a favorable outcome or of minimizing the penalties.
We will review your case and create an effective defense strategy suited to your unique circumstances.
Perhaps we can challenge the value of the stolen goods, especially if they are near the $950 threshold. We could also seek the suppression of any evidence obtained unlawfully through an illegal search and seizure.
We can argue a lack of intent. Maybe you walked out of the store with the merchandise accidentally. When appropriate, we can negotiate a plea agreement.
For example, it might be best to plead guilty to a misdemeanor so prosecutors don't escalate the charge to a felony. For more information, contact Cron, Israels & Stark, a Los Angeles-based California criminal defense law firm.
Related Content: