What is Shoplifting in San Diego?

Under California Penal Code 459.5, shoplifting is described as entering a business during normal business hours with the intention of stealing merchandise valued at $950 or less. Shoplifting is classified as a misdemeanor and those convicted will face a maximum fine of $1,000 and up to six months in jail. If someone has previous convictions on their record, they will face increased penalties. Shoplifting is a very common criminal offense in California, but it is also highly misunderstood. Below, our San Diego shoplifting defense lawyer explains more about the crime in further detail.

Elements of Shoplifting in San Diego

As in all other criminal cases, the state prosecution must prove certain elements of the case. These are as follows:

• The defendant entered a business that was open to the public
• The defendant entered the business during normal business hours
• The defendant had the intent to steal merchandise valued at $950 or less

The prosecution must prove all of the above elements beyond a reasonable doubt in order to secure a conviction. Contrary to what many people think, an individual does not have to leave the store to be charged with shoplifting. Typically, these cases rely on the intent of the defendant when they entered the store.

It can be challenging for the prosecution to prove what a person was thinking at any given time. However, there are instances when it is possible. For example, if someone entered the store with a screwdriver or other device to pry open a lock that secures merchandise, that can show that they had intent to steal the products that were locked up at the time.

You Could Face a Felony Shoplifting Charge if You Have a History of Offenses

The law on shoplifting recently changed in California. Under California Proposition 36—which was passed by voters in 2024—a shoplifting charge can be elevated to a felony if the defendant has two or more prior theft-related convictions of any kind. To be clear, the charge can be upgraded to a felony offense regardless of how long ago the other convictions occurred. There is no “wash out” period, which means even very old convictions can still be used to enhance a new charge.

Defenses to Shoplifting in San Diego

There are many defenses available in shoplifting cases. Of these, the mistake defense is the one that is most commonly used. For example, if someone intended to pay for merchandise they had placed in a bag but they forgot about it, that could be used as a defense.

While not a defense, a diversion program may also be available in your case. If you are eligible, you will agree to a number of court-ordered conditions, such as restitution or community service. You must successfully complete these conditions upon which, the court will dismiss your case and you will not have a criminal record.

It is critical to speak to a San Diego shoplifting defense lawyer if you have been charged with an offense. Not only are the penalties harsh for those convicted, but a conviction will also result in a criminal record. Convictions for theft offenses are taken particularly seriously by employers when they are making hiring decisions and may make it harder to find employment. A lawyer can craft the strong defense you need to avoid these consequences.

Shoplifting Can Be Handled as an Aggregate Offense in California

Under California law, prosecutors can aggregate multiple shoplifting incidents from different stores if they occur within a specified period of time. In other words, they can combine the total value of the items taken. That could potentially push the charges beyond the $950 threshold and give them what they need to pursue a grand theft case. It allows them to charge the offense as a felony even if each individual incident involved less than $950 in merchandise.

Our Shoplifting Defense Lawyer in San Diego Can Help with Your Case

Shoplifting may seem like a minor offense but the penalties can be very harsh. At Anthony Z. Vargas, Esq., our San Diego shoplifting defense lawyer can build a strong case in your defense so your future is protected. Call us now at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

legiscan.com/CA/text/AB1772/id/2973894