Shoplifting Defense Attorney In Los Angeles

Shoplifting charges in California may seem minor at first, but they can have lasting consequences on your life and future. California Penal Code § 459.5 defines shoplifting as entering a commercial establishment during business hours with the intent to steal merchandise valued at $950 or less. While it is generally considered a misdemeanor, a conviction can still lead to jail time, fines, and a criminal record that could affect your employment opportunities, housing options, and reputation.

At The Law Offices of Arash Hashemi, our experienced shoplifting defense attorney is committed to providing personalized and aggressive legal representation. Whether you made a mistake, were falsely accused, or are facing a misunderstanding, we will work tirelessly to protect your rights and fight for the best possible outcome for your case.

What Actions Qualify as Shoplifting Under California Law?

California Penal Code § 459.5 defines shoplifting as:

  • Entering a commercial establishment (such as a store, mall, or retail outlet).
  • During business hours (when the establishment is open to the public).
  • With the intent to steal merchandise valued at $950 or less.

When the value of the stolen items exceeds $950 or the alleged act takes place outside regular business hours, the offense may be charged as burglary under Penal Code § 459. Burglary is considered a more serious crime and can result in felony charges with harsher penalties, including extended jail time and significant fines.

Intent is a crucial factor in shoplifting cases. Prosecutors are required to prove that you entered the establishment intending to steal. Disputing this intent is often central to building a strong defense and protecting your rights.

If you or a loved one is facing shoplifting charges, contact our office at (310) 448-1529 for a free consultation. We’ll help you explore your options and develop a defense strategy tailored to your case.

    Name

    Email

    Phone

    Message

    Shoplifting Penalties in California: Misdemeanor vs. Felony

    Shoplifting is typically charged as a misdemeanor in California, but the penalties can vary based on the details of the case and the defendant’s criminal history. For misdemeanor shoplifting, the penalties may include up to 6 months in county jail, fines of up to $1,000, and the potential requirement to complete community service or probation. Defendants are often also ordered to pay restitution, which means reimbursing the value of the stolen items to the victim or store.

    In more severe cases, shoplifting can be charged as a felony. This usually happens when the value of the stolen merchandise exceeds $950, potentially classifying the offense as grand theft, or when the defendant has prior convictions for serious or violent felonies under California’s Three Strikes Law. Felony shoplifting penalties are much harsher, including a possible prison sentence of 16 months, 2 years, or 3 years in state prison, higher fines, and long-term probation with strict conditions.

    Given the potential for significant consequences, having an experienced attorney to challenge the charges and advocate for reduced penalties or dismissal is essential to protecting your future.

    Long-Term Effects of a Shoplifting Conviction in California

    Beyond the immediate criminal penalties, a shoplifting conviction can have long-lasting effects on various aspects of your life. A permanent criminal record can limit your ability to secure employment, find housing, or advance your career, as many employers and landlords conduct background checks. For non-citizens, a conviction may have serious immigration consequences, including the risk of deportation or denial of citizenship. Additionally, individuals in regulated professions may face the suspension or revocation of professional licenses or certifications, jeopardizing their livelihood. Retailers may also file civil lawsuits seeking restitution or damages, adding further financial strain. These collateral consequences make it critical to work with an experienced defense attorney who can help mitigate the impact of a shoplifting charge.

    Legal Defenses for Shoplifting Allegations

    There are several defenses that can be raised to challenge shoplifting charges, depending on the specific circumstances of your case. One of the most common defenses is a lack of intent. The prosecution must prove that you intended to steal the items in question. If the act was accidental—for instance, if you forgot to pay or absentmindedly walked out of the store with merchandise—this defense could apply. Another defense is mistaken identity. In busy stores, it’s not uncommon for security personnel or surveillance footage to misidentify individuals. Proving that you were not the person involved can lead to a dismissal of charges.

    Insufficient evidence is another key defense. If the prosecution lacks clear evidence, such as reliable surveillance footage or credible eyewitness testimony, it becomes difficult to prove the charges beyond a reasonable doubt. In cases where you were coerced or pressured into committing the act by someone else, the defense of duress may apply. Additionally, if law enforcement or store security violated your rights by conducting an unlawful search or arrest, any evidence obtained as a result may be suppressed. These defenses underscore the importance of having an experienced attorney who can carefully analyze the details of your case and craft a strong legal strategy

    Exploring Diversion Programs and Alternatives for Shoplifting Charges

    While not traditional defenses, there are alternative ways to resolve a shoplifting case without resulting in a criminal conviction. One option is a diversion program. If accepted into such a program, you may be required to meet specific court-imposed conditions, such as completing community service, attending theft prevention classes, or paying restitution. Upon successful completion of these requirements, your case can be dismissed, allowing you to avoid a criminal record.

    Another potential resolution is a civil compromise. This involves an agreement between the accused and the business involved in the alleged theft. Typically, the accused agrees to reimburse the store for losses or expenses related to the incident, and in return, the business may agree not to pursue criminal charges. A civil compromise can help resolve the matter without court proceedings or a criminal conviction.

    In some cases, early intervention by your attorney may prevent charges from being filed altogether. Through prefiling negotiations, your attorney can communicate directly with the prosecutor to present mitigating factors, clarify misunderstandings, or advocate for an alternative resolution before the case ever reaches court. If you are facing shoplifting allegations, consulting an experienced criminal defense attorney is crucial. They can evaluate the specifics of your case and explore all available options to protect your future.

    Consult a Los Angeles Shoplifting Lawyer to Protect Your Future

    If you have been charged with shoplifting under California Penal Code § 459.5 in Los Angeles, the stakes are higher than you might think. A conviction can lead to fines, jail time, a criminal record, and lasting consequences for your career and personal life. Acting quickly is essential to building a strong defense and protecting your future.

    Attorney Arash Hashemi has over 20 years of experience successfully defending clients against shoplifting and other theft-related charges. Whether negotiating for a diversion program, representing you in court, or working to reduce or dismiss charges, The Law Offices of Arash Hashemi is dedicated to securing the best possible outcome for your case.

    Schedule a Consultation:

    Los Angeles defense attorney discussing shoplifting case with client