Shoplifting is more common than you might think. Over $13 billion worth of merchandise is stolen from retailers each year, with the average loss per incident $460 as of 2020 data. An astonishing 9.09% of people have shoplifted at least once. In Los Angeles, shoplifting incidents increased by 87% between 2019 and 2023, and this trend was reflected over other large cities in the US.
If you find yourself facing shoplifting charges, it’s important to understand the laws and your rights. This applies whether you have been mistakenly accused—such as in cases of racial profiling by security staff—or if you found yourself in a difficult situation where you acted impulsively out of financial hardship.
Here is some expert advice from a defense lawyer on how to navigate the legal system after a shoplifting accusation.
What Constitutes Shoplifting Legally?
Shoplifting, also known as retail theft, is when an individual takes items from a store without paying for them. This includes concealing items on your person and walking out of the store, altering price tags, transferring items from their original packaging, and removing anti-theft devices.
Under shoplifting laws, you can be charged with shoplifting even if you don’t leave the store. Just putting an item in your pocket or bag is enough intent for a store employee to stop you. Shoplifting charges can also apply if you eat food or use services in a store without paying.
Shoplifting Penalties and Punishments
Penalties for shoplifting vary widely depending on the value of merchandise stolen and local laws. Most shoplifting offenses are misdemeanors, but large thefts can become felonies. Common punishments include:
- Fines up to $1,000
- Probation
- Community service
- Restitution to the store
- Jail time – Up to 1 year for misdemeanors, multiple years for felonies
According to Nafiz M. Ahmed, a San Jose criminal defense attorney: “Stores also frequently push for the harshest penalties possible to deter shoplifting. Large retailers may even press charges for stealing just a small item.”
Your Rights When Accused of Shoplifting
If a store employee stops you and accuses you of shoplifting, you have certain legal rights:
- You do not have to consent to a search of your bags or person. The employee cannot search you without your permission.
- You have the right to remain silent until you speak with a criminal defense attorney. Do not admit guilt or sign any statements.
- Ask if you are free to leave. If so, calmly walk out of the store. If not, you are being detained.
- If the police get involved, do not resist arrest even if you are innocent. Comply and wait to sort it out later.
Having an Experienced Lawyer Matters
Fighting shoplifting charges takes knowledge of retail theft laws and experience navigating the legal system. An attorney can potentially get charges reduced or dismissed. A lawyer can also advocate for lighter sentencing.
Don’t go through the system alone. Consult with a criminal defense attorney as soon as possible after being accused of shoplifting. With an expert legal ally on your side, you stand the best chance of a favorable outcome.
