Shoplifting Information

What is shoplifting?

Shoplifting is the taking of items without consent from a commercial establishment, such as a department store or market.

Why was I charged with commercial burglary when I thought I was arrested for shoplifting?

When someone enters a building with the intent to steal or commit any other felony it is burglary. This is usually charged when someone is found with bags or devices brought in to the store to assist in concealing the stolen merchandise. Using these bags or devices arguably shows intent to steal was in the person's mind before entering the store.

Will I be charged with a misdemeanor or a felony? And what is the punishment?

Theft can be prosecuted either as a misdemeanor or a felony. The value of the item taken or any prior convictions often determines the seriousness of the crime. Items valued at under $400.00 are prosecuted as misdemeanor petty theft. Items in excess of $400.00 can be prosecuted as felony grand theft. The punishment for petty theft is up to six months in the county jail and by a fine of up to $1,000 and the punishment for grand theft could either be county jail or state prison plus fines up to $10,000.00. If convicted, a mandatory jail sentence and restitution to the victim is almost always ordered as a condition of probation.

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