The crime of shoplifting in Monterey occurs when you enter a commercial or business establishment during its usual operating hours, intending to steal goods valued at $950 or less. It is generally a misdemeanor, punishable by a six-month jail term and $1000 in court fines. Charges for this offense can cause severe outcomes for you, especially if a trial results in a guilty verdict. In addition to the criminal penalties of a conviction, you will have a criminal record that will affect different aspects of your life, including your social and professional lives. Thus, you should prepare to fight your charges for a favorable outcome.

At Monterey Criminal Attorney, we know how important such an outcome will be for you and your loved one. We are always prepared to use our best defense strategies to influence the outcome of your case. You can cause the court to dismiss or reduce your charges with our support.

The Legal Definition of Shoplifting

Shoplifting entails entering a business premise during its usual operating hours to steal an item or items valued at $950 or less. You can commit this crime in many ways, including planning to steal a piece of jewelry, a book, or beer from a commercial establishment. When prosecuting shoplifting cases, prosecutors consider your intent, not whether you accomplished the intent. Thus, you will still face shoplifting charges if you intend to steal and do not do it.

The law against shoplifting is under PC 459.5. The law makes entering an open commercial establishment intending to steal a misdemeanor. The district attorney must prove, among other elements, that you intended to steal merchandise when you entered the commercial establishment. They must prove that the merchandise you intended to steal cost $950 or less. The court will find you guilty if the prosecutor proves all elements of the offense beyond a reasonable doubt. The elements of this crime include the following:

  • You entered a business or commercial establishment during its usual operating hours.

  • You acted with the intent to steal

  • The item or items you intended to steal cost $950 or less

You Entered a Business Establishment

Entering a commercial or business establishment means accessing all the products sold there. The entering is legal since you do so during the establishment’s regular operating hours. Shoplifting does not involve breaking. You enter the building like an ordinary shopper, intending to steal and not shop.

Entering a building does not necessarily mean entering with your whole body. You can enter a building with a part of your body, including one or both hands. For example, if you put a hand through an opening or window to take merchandise from a shop, you can be charged with shoplifting if stealing was the main reason you were there and the item is valued at $950 or less.

A Commercial or Business Establishment

A commercial or business establishment is any place where goods are exchanged for money. Thus, you can shoplift in a big establishment like a department store or a small establishment like a kiosk. What matters is that commercial activities are carried out in the place where you enter with the intent to steal. The place does not necessarily need to sell valuable or wearable items. You can shoplift in a coffee shop, restaurant, or hair shop.

During the trial, the district attorney must first demonstrate that the place you entered meets the legal definition of a commercial or business establishment. This ensures they prove all elements of the crime beyond a reasonable doubt, a requirement for a fair trial. If you entered a person's home, where they sell homemade products, you cannot be charged with shoplifting because their home does not meet the legal definition of a commercial or business establishment. However, you can face separate theft charges.

You Entered an Open Establishment

The other element that the prosecutor needs to prove is that you entered the commercial establishment intending to steal. They can rely on eyewitness accounts or video surveillance of the commercial establishment to confirm that you entered it. Remember that shoplifting offenses are committed during the regular business operating hours. Thus, the prosecutor must also show that the business was open and in operation when you entered the commercial establishment. If you entered a closed business, your charges can change from shoplifting to burglary or any other theft crime, depending on other details.

The prosecutor will use eyewitness accounts and video surveillance to demonstrate this element. Fortunately, most surveillance footage in business establishments has time stamps to show all the activities that happened within a particular time. This will be a critical piece of evidence in the prosecutor’s case. Someone who works in the establishment can also testify to your presence in the business when the police say you were.

The Intent to Steal

The main challenge for prosecutors in prosecuting shoplifting cases is proving a person’s intent. An intent is something you build within you before taking action. Unless you communicate your intent to another person, it can be challenging for another person to know it. In a shoplifting case, the district attorney must prove that you intended to steal items valued at $950 or less. Providing criminal intent has never been easy for prosecutors. However, they can use circumstantial evidence or your confession to build a solid case against you.

Since a person’s thoughts are not apparent, the prosecutor must pay close attention to other details of the crime, including your behavior while in the business establishment, to convince the court of your criminal intent. For example, the prosecutor can cite that you had no money when you entered a business establishment. Although this does not necessarily mean you intended to steal, they can back that up with how you behaved before stealing the merchandise. However, the DA must prove that you established criminal intent before entering the business.

If you did not confide your intent to another person, or you do not have a prior history of committing similar offenses, a criminal defense attorney can easily fight the prosecutor’s case. Remember that the court can dismiss your charges if the prosecutor cannot demonstrate all elements of the crime beyond a reasonable doubt. A skilled attorney will use that fact to fight for a reasonable outcome in your case.

An Item Valued at $950 or less

Theft crimes under California law are numerous. Their main distinguishing factors include the value of stolen items. Shoplifting entails intending to steal an item valued at $950 or less from an open business or establishment. If the item’s value is more than that, the prosecutor will file a different charge, like grand theft, depending on other details of the offense.

Remember that you do not have to have succeeded in stealing the merchandise for the shoplifting charges to apply. If all other elements of the crime are true, the court can give a guilty verdict even if you did not steal the item.

Possible Penalties for a Shoplifting Conviction

Shoplifting is a misdemeanor, punishable by a six-month jail term and $1000 in court fines. The judge has the discretion to decide your sentence, based on the specific details of your case. They can reduce or increase the sentence as provided under the law if there are mitigating or aggravating factors in your case. For example, if you have a prior conviction for shoplifting or any other theft crime, you could face a harsher sentence than a first-time offender. A jail sentence will keep you away from work, business, school, and your loved ones for six months. This can significantly impact your social and professional lives.

The judge can sentence you to probation instead of jail if the circumstances of your case allow. You can serve your sentence from home and not behind bars if probation is granted. While this seems favorable since you can care for your loved ones, run your business, work, or go to school during probation, you must abide by strict probation conditions. The judge sets these conditions during sentencing, according to the details of your case. Some of the probation conditions you could receive for a shoplifting conviction include the following:

  • Not engaging in crime while on probation

  • Performing community service for a specified number of hours

  • Seeking treatment or rehabilitation for an underlying drug or alcohol problem

  • Submitting periodic performance reports to the court

Misdemeanor probation can last for between one and three years. You must abide by the set probation conditions to avoid violating probation and the likely severe consequences. If you violate probation, the judge can hold a probation violation hearing to determine the right course of action against you. They can issue a warning, change the probation conditions to stricter ones, or revoke probation and send you to jail for the period recommended for the offense under the law.

Other Consequences of a Conviction for Shoplifting

In addition to the criminal penalties you receive during sentencing, a conviction for shoplifting will leave you with a damaging criminal record. This record remains in your criminal background for years and can affect various aspects of your life. Conviction records are publicly available, meaning anyone who runs a background check on you will find out about the conviction. This can affect you in many ways, including your job search, when looking for a house to rent, and for services like insurance and credit. Since employers, landlords, insurance companies, and loan lenders run background checks before deciding, they can disqualify you based on what they find in your background.

Circumstances When Shoplifting Becomes a Felony

Remember that shoplifting is generally a misdemeanor offense. However, it can become a felony if you have three or more prior convictions for a theft-related offense. After the passing of Proposition 36 into law, third-time theft crimes can be charged as felonies, punishable by 16 months, two years, or three years in prison. The prior crimes affecting your charges this way can be any theft, including shoplifting, petty theft, grand theft, carjacking, or burglary.

Shoplifting can also become a felony offense if you have a prior conviction for the following crimes on your record:

  • Murder or attempted murder

  • Solicitation

  • Gross vehicular manslaughter

  • A sex crime that requires registration in the sex offender registry

  • Any sex crime that involves a minor aged 14 or younger

  • Any sex crime that you committed through violence, force, or threats of violence

  • Any violent or severe felony punishable by a life sentence or capital punishment

If the prosecutor files felony charges against you for shoplifting, you will likely receive the following penalties upon conviction:

  • 16 months, two, or three years in prison

  • $10,000 in court fines

Diversion Program for Shoplifting

You could be eligible for a diversion program after an arrest for shoplifting. Diversion programs are usually planned for non-violent offenders, especially first-time offenders. These programs require a defendant to complete a particular court-recommended program before trial. The judge can dismiss all their charges if they complete the program successfully.

The prosecutor can offer you this alternative instead of going through with the uncertainty of a criminal trial. Your attorney can also request it if you meet the eligibility criteria. In addition to completing the program as recommended by the court, you should pay the required court fines and restitution (if it applies in your case), complete a particular number of community service hours, and take anti-theft classes.

Legal Defense Strategies for a Shoplifting Charge

Criminal charges for shoplifting are severe, as they can result in life-changing consequences. Other than criminal penalties, which include a jail sentence and a court fine, a conviction leaves you with a criminal record that can impact your life for years. Fortunately, you can avoid these consequences through an effective defense by a competent criminal attorney. Your attorney can use one or a few of the best defense strategies that can cause the court to reduce or dismiss your charges. Some of these strategies include the following:

You Paid The Business Owner Through Civil Compromise

Shoplifting causes businesses to suffer significant financial losses every year. You can negotiate with the business owner for a civil compromise before your case goes to trial to influence a favorable outcome. A civil compromise occurs when a defendant agrees to cover a business's losses after shoplifting. The amount could be equal to the value of the shoplifted goods, or more, depending on how much the business needs to settle the matter out of court.

If such an agreement succeeds, the business owner can speak to the prosecution so the court can dismiss the charges. Some of the losses you could be required to pay include the following:

  • The loss or damage to a particular merchandise

  • The cost the business incurs to prevent further loss

Although this is not exactly a legal defense strategy that your attorney presents in court, it is a strategy they can use to ensure you receive a favorable outcome in your case.

You Completed a Diversion Program

Remember that you could be eligible for a pretrial diversion program since shoplifting is a non-violent offense. Pretrial diversions happen right before trial. The judge puts your case on hold to allow you to complete a treatment or rehabilitation program that will result in a change of behavior and lower your chances of re-offending. The judge will dismiss all your charges before trial if you successfully complete the program. You will not be arrested or charged for the same offense again. However, if you do not abide by the terms and conditions of the pretrial diversion program, the judge will cancel it and continue your case from where they left off.

Completing a diversion program means you will not face trial for the shoplifting charge. Your attorney will ensure that the court dismisses all your charges. This, too, is not a defense strategy that your attorney can use during a trial. However, it is a strategy they can use to ensure you receive a favorable outcome in your situation.

There Was a Mistake of Facts In Your Case

A mistake of fact in a criminal case occurs when you misunderstand some facts that refute one or more elements of the crime. Your attorney can use this defense strategy to prove that you did not intend to steal anything from the business establishment. Remember that shoplifting has a particular intent: to steal. You must have developed this intent before entering the business premises. If the intent does not exist, the prosecutor cannot prove the case beyond a reasonable doubt.

For example, if you are on a business premise and mistakenly take something out of the shop that you believe belonged to you, like a notebook, jacket, or purse, you can use this defense to avoid a conviction for shoplifting. The fact is, you took merchandise from the business without permission or paying for it. However, you did not intentionally do it because you believed that the item or items were yours.

A competent criminal attorney can also use this strategy if you picked out an item or items and forgot to pay for them when leaving the business premises. If this is the case, you did not have a criminal intent to steal the merchandise. Thus, the prosecutor cannot prove you are a shoplifter to obtain a conviction.

The Intent Developed While Inside the Business

The elements of a shoplifting case include having prior intent to steal merchandise when entering a business premise. The DA must prove that you all along wanted to steal something from the business premises, even before you accessed it. If you only intended to shop but developed an intent to steal while inside the business, the court will not find you guilty of shoplifting. However, based on other details of your case, you could be guilty of another less severe theft crime.

Remember that a person’s intent can be tough for prosecutors to prove. Criminal defense attorneys use these opportunities to fight their clients’ charges. It is difficult for a prosecutor to prove beyond a reasonable doubt that you intended to steal from the beginning. They rely on circumstantial evidence to prove such cases. A skilled attorney can use that opportunity to create doubt in the prosecutor’s case to cause the court to dismiss your charges.

The Police Misconducted Themselves

If the evidence against you is overwhelming, your attorney can cite police misconduct to fight for a favorable outcome. In most cases, the police do not follow the proper procedures when arresting defendants or investigating crimes. This becomes a cause for concern, especially if it violates the civil rights of the people. You can use this defense strategy if you were forced or tricked into confessing by the police. Police misconduct can also happen if the arresting officer fails to read your Miranda rights.

In case of a forced confession, the court will dismiss any evidence the officer would have gathered against you. This can leave the prosecutor without sufficient evidence to obtain a conviction. The judge can dismiss your charges if the officer violated your civil rights.

Find an Experienced Criminal Attorney Near Me

A shoplifting charge in Monterey is a misdemeanor charge that could have dire consequences if it results in a conviction. It is punishable by a jail sentence, misdemeanor probation, or a hefty court fine. It can also result in other consequences, especially those influenced by a damaging criminal record. You should have a solid defense against your charges to avoid a conviction. You also need assistance in navigating the California legal system.

We can protect your rights and help plan your defense at Monterey Criminal Attorney. We understand how life-changing a criminal conviction is. We can use our best strategies to avoid a conviction through plea deals or a proper defense during the trial. We can protect your rights and help you navigate the complex legal process. We can improve your chances of obtaining a favorable outcome in your case. Call us at 831-574-1791 to start all legal processes with our skilled and experienced attorneys.