San Diego Shoplifting Defense Lawyer

Shoplifting, traditionally considered a misdemeanor in California, has undergone substantial legal changes due to the passage of Proposition 36 in 2024. This initiative allows for felony charges in specific circumstances, particularly targeting repeat offenders or serial offenses. If you’re facing shoplifting charges, San Diego shoplifting lawyer Anthony Vargas is ready to protect your rights and fight for your future with aggressive, knowledgeable defense.

What Is Shoplifting Under California Law?

Under California Penal Code §459.5, shoplifting is defined as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. Previously, such offenses were generally charged as misdemeanors. However, Proposition 36, passed by California voters in November 2024, introduces several key changes:

Felony Charges for Repeat Offenders: Individuals with two or more prior theft-related convictions can now face felony charges for shoplifting offenses, even if the value of the stolen goods is $950 or less. This marks a significant shift from previous laws that treated such offenses as misdemeanors.
Enhanced Sentencing: Repeat offenders convicted under the new provisions may face up to three years in state prison.
Aggregation: Prosecutors can combine multiple small thefts to cross the $950 threshold and charge smaller shoplifting offenses as a felony.
Group Offenses: Shoplifting committed in coordination with two or more individuals may also be subject to felony charges, reflecting the initiative’s focus on combating organized retail theft.

Common Scenarios That Lead to Shoplifting Charges

Not every shoplifting arrest involves someone walking out of a store with unpaid merchandise. Shoplifting charges can stem from many different scenarios, such as concealing merchandise inside clothing or bags, switching price tags or packaging to pay less, using self-checkout kiosks dishonestly, being accused as an accomplice to someone else’s alleged theft, or leaving a store without paying, even unintentionally.

Retailers often have dedicated loss prevention teams, and police may be called even if you never left the store. Unfortunately, store security footage and witness testimony can be incomplete or misleading. That’s where a thorough legal defense becomes essential.

Penalties for Shoplifting in California

As a misdemeanor, shoplifting can carry a jail sentence of up to six months, fines of up to $1,000, restitution to the retailer, community service or probation, and a permanent criminal record.

A felony conviction carries more severe consequences than a misdemeanor, including longer incarceration periods and greater challenges in securing employment or housing. The effect of a felony conviction on your record is much worse than a misdemeanor, as well.

Avoiding a conviction—or getting charges dismissed or reduced—is critical for protecting your record and your future.

Defending Against Shoplifting Charges in San Diego

Every shoplifting case is unique, and a strong defense depends on the facts. Common defense strategies include:

Lack of intent: If you didn’t intend to steal, you haven’t committed shoplifting. Accidents, forgetfulness, or misunderstandings happen—especially in chaotic retail settings.
Mistaken identity: Surveillance footage can be unclear, and eyewitness accounts are not always reliable.
Unlawful detention or arrest: If store employees violated your rights or used excessive force, that can be a factor in your defense.
Illegal search and seizure: Evidence obtained through unlawful searches may be inadmissible in court.
Negotiation for dismissal or diversion: In many first-offense cases, it may be possible to avoid conviction entirely through pretrial diversion or other alternative sentencing options.

Anthony Vargas carefully examines every aspect of your case, from how the store handled the situation to the police’s actions and the strength of the evidence. His goal is always to minimize the impact on your life, whether that means a dismissal, a reduction in charges, or an alternative outcome that keeps your record clean.

Speak With a Criminal Defense Lawyer Before Talking to Police

If you’ve been accused of shoplifting, the worst thing you can do is try to talk your way out of it without legal counsel. Store investigators and law enforcement officers may seem friendly or cooperative, but their job is to build a case against you. Anything you say can be twisted or taken out of context.

Instead, remain calm and polite, but assert your right to remain silent and request an attorney. The sooner you get legal help, the better your chances of achieving a positive resolution.

A Strategic Defense for Shoplifting Charges in San Diego

Whether you’re facing a first-time shoplifting charge or dealing with enhanced penalties due to a prior record, you deserve a defense attorney who understands how to navigate California’s evolving criminal laws and fight for your best outcome. Anthony Z. Vargas brings his experience as a former public defender and his commitment to personalized representation to every case.

If you’ve been arrested for shoplifting or charged with any theft offense in San Diego, call Anthony Z. Vargas, Esq., Attorney at Law today. Let our San Diego shoplifting defense lawyer help you protect your rights, your freedom, and your future.