{"id":3286,"date":"2018-01-19T20:12:21","date_gmt":"2018-01-19T20:12:21","guid":{"rendered":"https:\/\/vikbajaj.wpengine.com\/?p=3286"},"modified":"2018-01-19T20:12:21","modified_gmt":"2018-01-19T20:12:21","slug":"overview-of-shoplifting-charges-in-california","status":"publish","type":"post","link":"https:\/\/aquahealphysiotherapy.com\/vblaw\/overview-of-shoplifting-charges-in-california\/","title":{"rendered":"Overview of Shoplifting Charges in California"},"content":{"rendered":"

Did you know that shoplifting crimes tend to increase around the holidays? Feeling the pressure of the season, some people resort to stealing presents for their loved ones when they cannot be afforded. A Carson City man\u2019s attempt to steal a ring from a local Target was unsuccessful in the days before Christmas. Now, instead of celebrating the new year he is facing criminal charges for shoplifting<\/a>.<\/p>\n

What is Shoplifting?<\/h2>\n

What exactly is shoplifting? How is shoplifting different from other crimes of theft in California? Shoplifting, as defined in Penal Code 459.5 PC<\/a>, occurs when a person:<\/p>\n

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  1. Enters a commercial establishment while it is open during regular business hours;<\/li>\n
  2. With the intent to unlawfully take property;<\/li>\n
  3. Valued at $950 or less.<\/li>\n<\/ol>\n

    The main distinction between shoplifting and petty larceny is that shoplifting<\/a> must take place in a commercial establishment that is open to the public. Petty larceny, on the other hand, can occur virtually anywhere. In order to commit shoplifting, the defendant must actually intend to commit larceny.<\/p>\n

    Some situations may not fit neatly within the confines of the definition for shoplifting in 459.5 PC<\/a>. Crimes that are similar to, but not precisely in line with shoplifting, will be classified as burglaries<\/a>. These include entering a commercial establishment after hours to commit a theft and taking property valued at more than $950.<\/p>\n

    Intent to Commit a Theft When Entering the Store<\/h2>\n

    It is important to understand that a shoplifting attempt does not have to be successful in order to face criminal charges. Penal Code 459.5<\/a> PC simply states that you must enter a commercial establishment during its open hours with the intent to commit a larceny. This means that you can face criminal charges for shoplifting regardless of whether or not your crime was successful. This also means that you cannot face criminal charges for shoplifting if you did not enter the store with the intent to steal. If you entered the store and then later decided to steal something, you would face criminal charges for larceny, rather than shoplifting.<\/p>\n

    The Carson City man pocketed a ring at his local Target store. The asset protection division contacted local police and reported the crime. When police arrived at the store the man was still inside. He attempted to leave when he saw police\u00a0but was stopped before he could get away. When he was searched police discovered a ring with Target packaging. Video footage displaying the man\u2019s act of theft was later used to support the charges against him<\/a>. He is facing criminal charges for shoplifting despite the fact that he was caught before he could get away. If he entered the Target with the intent to steal the ring, he is guilty of shoplifting. If he decided to steal the ring once he was already inside the Target store, he is guilty of attempted theft.<\/p>\n

    Consequences of Shoplifting<\/h2>\n

    First-time shoplifting offenders will generally face misdemeanor charges for their crime. In most cases, misdemeanor shoplifting<\/a> is punishable by up to 6 months in a San Diego jail and $1,000 in fines.<\/p>\n

    There are situations when first-time and subsequent shoplifting offenders can face criminal charges for shoplifting. If a shoplifter has a previous conviction for any of the following crimes, the shoplifting charges will be elevated to a felony<\/a>:<\/p>\n