Los Angeles Shoplifting: Felony or Misdemanor, It's Still a Crime
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When thinking of shoplifting, you may think of Jean Valjean in Les Misérables who stole bread for his starving sister and was imprisoned for five years. But not everybody who shoplifts steals food because they're hungry. It doesn't matter what was shoplifted, or who did the shoplifting, it is still a crime, and is the most common type of theft happening today in the United States.
Shoplifting is when somebody steals something from a retail establishment. It could be a juvenile stealing a candy bar just to see if they can get away with it, or it could be a 60-year old woman who has a compulsion to shoplift just because they can't stop. Either way, shoplifting in the United States costs businesses over $16 billion in losses every year.
Although 90% of people have shoplifted at some point during their life, it's easier to get caught now that it was over 20 years ago. Most retail stores have installed security cameras capable of surveillance of their entire sales floor, as well as their storage facilities. With so many "eyes in the ceiling" it's difficult to slip that tiny, shiny bauble or silky soft item into a purse or pocket without being seen.
Although adolescents make up approximately 50% of shoplifters, they only steal about one-third of what their adult counterparts do. This is due in part because adults can be much more crafty and creative than juveniles when it comes to the ways and means of shoplifting.
Shoplifters frequently hide merchandise inside coats or other bulky clothing. They may take clothes inside a fitting booth, and then try to leave wearing the new clothes while leaving their old clothes inside the booth. Women have even pretended to be pregnant in order to hide various types of merchandise inside their maternity clothing. Sometimes people hide items inside backpacks, shopping bags, or purses. Other enterprising persons have even gone so far as to hollow out books, even bibles, in order to secret away small items.
While some shoplifters may be career criminals, some may do it out of frustration or desperation. When faced with the need to provide food and clothes for their children, parents may feel they have no other choice than to shoplift. They must decide whether to watch their children go without food, or to take a risk and hope they won't be caught. Unfortunately, no matter what the reason, such risks may have criminal consequences when the people are caught.
When suspected of shoplifting, the store has the right to stop and detain the person for probable cause once they leave the store. The retail establishment can then demand the person return the merchandise. They also have the right to ban the person for a specified period of time, or to proceed with arrest and prosecution.
In some cases, even if you didn't actually take the merchandise, you can also be implicated. If you are with the person suspected of shoplifting and acted as a lookout, or created some type of distraction of the store employees, you can also be charged for shoplifting.
Another form of shoplifting many people may not think about is when a person changes or modifies the price tag of an item, then attempts to purchase the item at the changed price.
How somebody is charged for a shoplifting offense depends on how much the stolen items cost. If the stolen items are less than $400, they will be charged with a misdemeanor petty theft, which could result in up to six months in jail and fines between $50 and $1000.
If the items are worth more than $400, the person may be charged with the higher degree of grand theft or grand larceny, which could be either a misdemeanor or a felony. In this case it will usually be left to the prosecution as to how the person will be charged. Factors that may be taken into consideration are whether the person has any past convictions. The penalty for a grand theft such as this could be as much as a year of jail or even state prison.
In many states, for first-time offenders, judges and prosecutors have the option of offering community service, education programs, or other types of alternate sentencing in place of harsher and more severe sentencing.
ABOUT THE AUTHOR: Daniel R. Perlman
Daniel earned his Bachelor’s Degree from The University of California, Santa Barabra and his Juris Doctor from The Catholic University of America, Columbus School of Law in Washington, D.C. Daniel is an experienced criminal defense attorney in Los Angeles who has handled thousands of cases throughout Southern California.
Prior to graduating from law school in our Nation’s Capital, Daniel worked as a Prosecutor for the Maryland State’s Attorney’s Office in Montgomery County, Maryland, where he became aware of many of the stumbling blocks that exist between prosecutors and defense attorneys from the government side. Daniel used this opportunity to learn how best to approach prosecutors and how to creatively resolve differences to the satisfaction of both sides.
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More information about Law Offices of Daniel R. Perlman
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Although 90% of people have shoplifted at some point during their life, it's easier to get caught now that it was over 20 years ago. Most retail stores have installed security cameras capable of surveillance of their entire sales floor, as well as their storage facilities. With so many "eyes in the ceiling" it's difficult to slip that tiny, shiny bauble or silky soft item into a purse or pocket without being seen.
Although adolescents make up approximately 50% of shoplifters, they only steal about one-third of what their adult counterparts do. This is due in part because adults can be much more crafty and creative than juveniles when it comes to the ways and means of shoplifting.
Shoplifters frequently hide merchandise inside coats or other bulky clothing. They may take clothes inside a fitting booth, and then try to leave wearing the new clothes while leaving their old clothes inside the booth. Women have even pretended to be pregnant in order to hide various types of merchandise inside their maternity clothing. Sometimes people hide items inside backpacks, shopping bags, or purses. Other enterprising persons have even gone so far as to hollow out books, even bibles, in order to secret away small items.
While some shoplifters may be career criminals, some may do it out of frustration or desperation. When faced with the need to provide food and clothes for their children, parents may feel they have no other choice than to shoplift. They must decide whether to watch their children go without food, or to take a risk and hope they won't be caught. Unfortunately, no matter what the reason, such risks may have criminal consequences when the people are caught.
When suspected of shoplifting, the store has the right to stop and detain the person for probable cause once they leave the store. The retail establishment can then demand the person return the merchandise. They also have the right to ban the person for a specified period of time, or to proceed with arrest and prosecution.
In some cases, even if you didn't actually take the merchandise, you can also be implicated. If you are with the person suspected of shoplifting and acted as a lookout, or created some type of distraction of the store employees, you can also be charged for shoplifting.
Another form of shoplifting many people may not think about is when a person changes or modifies the price tag of an item, then attempts to purchase the item at the changed price.
How somebody is charged for a shoplifting offense depends on how much the stolen items cost. If the stolen items are less than $400, they will be charged with a misdemeanor petty theft, which could result in up to six months in jail and fines between $50 and $1000.
If the items are worth more than $400, the person may be charged with the higher degree of grand theft or grand larceny, which could be either a misdemeanor or a felony. In this case it will usually be left to the prosecution as to how the person will be charged. Factors that may be taken into consideration are whether the person has any past convictions. The penalty for a grand theft such as this could be as much as a year of jail or even state prison.
In many states, for first-time offenders, judges and prosecutors have the option of offering community service, education programs, or other types of alternate sentencing in place of harsher and more severe sentencing.
ABOUT THE AUTHOR: Daniel R. Perlman
Daniel earned his Bachelor’s Degree from The University of California, Santa Barabra and his Juris Doctor from The Catholic University of America, Columbus School of Law in Washington, D.C. Daniel is an experienced criminal defense attorney in Los Angeles who has handled thousands of cases throughout Southern California.
Prior to graduating from law school in our Nation’s Capital, Daniel worked as a Prosecutor for the Maryland State’s Attorney’s Office in Montgomery County, Maryland, where he became aware of many of the stumbling blocks that exist between prosecutors and defense attorneys from the government side. Daniel used this opportunity to learn how best to approach prosecutors and how to creatively resolve differences to the satisfaction of both sides.
Copyright Law Offices of Daniel R. Perlman - Google+
More information about Law Offices of Daniel R. Perlman
View all articles published by Law Offices of Daniel R. Perlman
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
