How Wallin & Klarich Can Help You Successfully Fight A Shoplifting Charge – Penal Code Sections 459.5, 484, 490.5
In California, shoplifting laws are taken very seriously. If you’re facing such charges, understanding the legal landscape is crucial. This blog aims to guide you through everything you need to know if you’ve been accused of shoplifting in California–from understanding the specific charge to exploring successful defense strategies.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
California Penal Code Sections Related to Shoplifting Charges
Understanding and referencing specific penal code sections is essential when dealing with shoplifting charges. Here are the primary penal codes relevant to shoplifting in California:
Penal Code Section 459.5
Section 459.5 explicitly defines shoplifting as entering a commercial establishment during regular business hours with the intent to steal merchandise worth $950 or less. This section typically classifies shoplifting as a misdemeanor, which can carry penalties such as up to six months in county jail and/or a fine up to $1,000.
Penal Code Section 484
Section 484 covers theft more broadly, encompassing acts where an individual unlawfully takes someone else’s property. Shoplifting falls under this umbrella, especially when the act involves more complex theft operations that aren’t captured under the 459.5 definition. Penalties are similar, including up to six months in county jail and/or a fine of up to $1,000.
Penal Code Section 490.5
Section 490.5 allows civil recovery by retailers. It stipulates that merchants can demand up to $500 from a shoplifter or the parent/guardian of a minor who shoplifts. Additionally, the shoplifter may be liable for the retail value of the merchandise if not returned in sellable condition.
How Shoplifting Can Turn into Robbery
While shoplifting and robbery are distinct criminal offenses, certain circumstances can escalate a simple shoplifting incident into a more serious robbery charge. The primary difference lies in the use of force or fear. Initially, shoplifting involves the unlawful taking of merchandise without the intent to pay. However, if during the commission of shoplifting, an individual uses threats, intimidation, or physical force to escape or retain the stolen goods, the act elevates to robbery.
Use of Force or Fear
Robbery is defined under California Penal Code Section 211 as the taking of property from another person, or their immediate presence, against their will, through the use of force or fear. So, if a shoplifter, when confronted, resorts to violence or threats to maintain possession of the stolen items or to flee, the charge can be upgraded to robbery.
Consequences of Escalation
Escalating the crime from shoplifting to robbery has significant legal repercussions. Robbery is classified as a felony, carrying much harsher penalties compared to a misdemeanor shoplifting charge. Convictions can result in three to nine years in state prison, fines up to $10,000, and a permanent mark on one’s criminal record.
Understanding the fine line between these offenses is crucial. What starts as a minor theft (shoplifting) can quickly escalate into a serious felony (robbery). Understanding the importance of seeking experience legal guidance and adopting a careful approach when facing such accusations can make a significant difference on your case’s outcome.
The Importance of Legal Representation
Experienced criminal defense attorneys can offer invaluable expertise. They understand the nuances of the law and can craft a defense strategy tailored to the specifics of the case.
A seasoned criminal defense lawyer can also negotiate with prosecutors to potentially reduce charges or secure a favorable plea deal. Their knowledge of legal procedures and precedents can make a significant difference in the outcome of the case.
Key Defense Strategies for Shoplifting and Robbery Charges
When facing shoplifting or robbery charges, mounting an effective defense strategy is crucial. Here are some of the best defense approaches that your knowledgeable criminal defense attorney could use:
Lack of Intent
One of the strongest defenses for both shoplifting and robbery charges is to demonstrate that there was no intent to steal. Shoplifting, as defined, requires the intent to steal merchandise. If you inadvertently left the store without paying or can prove you had no intention to deprive the store of its property, this can form the basis of your defense.
Mistaken Identity
In cases where surveillance footage or eyewitness testimony is used, mistaken identity is a viable defense. A criminal defense attorney will scrutinize the evidence to prove that you were wrongly identified as the suspect. This may involve questioning the reliability of the store’s security footage or the accuracy of witness descriptions.
Duress or Coercion
If you committed the act under duress or coercion, your criminal defense lawyer could argue that you were forced to shoplift or commit robbery against your will. This defense requires showing that you faced immediate threats of harm, which left you with no reasonable choice but to comply.
Lack of Evidence
If there is insufficient evidence to support the charges, your attorney can argue for dismissal. This includes questioning the credibility of witnesses, the chain of custody for the merchandise, and the validity of any forensic evidence presented.
Alibi
Presenting a solid alibi can refute the charges against you by proving that you were not present at the scene when the alleged crime occurred. This involves gathering evidence such as witness testimonies, timestamps, and location data.
Procedural Errors
Lastly, any procedural errors committed during your arrest or investigation could be grounds for dismissing the charges. This includes issues like unlawful search and seizure, failure to read Miranda rights, or improperly handled evidence. A skilled criminal defense attorney will carefully review your case for any legal missteps that could be leveraged in your favor.
Utilizing these defense strategies effectively requires the expertise and experience of a seasoned criminal defense attorney. By tailoring the approach to the specifics of your case, you stand a better chance of achieving a favorable outcome or even having the charges dropped entirely.
Contact Wallin & Klarich Today
If you are facing a shoplifting charge, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
