What Happens if I’m Caught Shoplifting in Los Angeles?
Los Angeles Shoplifting Laws and Penalties – What You Need to Know
If you were recently caught shoplifting in Los Angeles — or if your child, spouse, or loved one was cited or arrested — you’re not alone. Shoplifting is one of the most commonly charged theft-related crimes in California, and many first-time offenders don’t realize how serious the consequences can be.
Whether you were detained by store security, received a citation with a court date, or are getting letters from the store’s lawyers, it’s normal to feel overwhelmed and unsure of what happens next. A shoplifting charge might seem minor, but it can carry real consequences — including jail time, fines, and a permanent mark on your criminal record.
This guide explains how shoplifting is defined under California law, what to expect after an arrest, and how a Los Angeles criminal defense attorney can help you avoid the most serious penalties.
What Is Considered Shoplifting Under California Law?
Under California Penal Code 459.5 PC, shoplifting is defined as entering a commercial business during regular hours with the intent to steal merchandise valued at $950 or less.
Key things to understand:
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Shoplifting is typically charged as a misdemeanor, even if no items were successfully taken.
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Intent is enough — you don’t have to walk out of the store with merchandise to be charged.
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You can still be arrested or cited even if you were stopped inside the store or had not yet concealed anything.
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A conviction can lead to jail time, probation, and a criminal record that shows up on background checks.
While Penal Code 459.5 was designed to reduce penalties for low-level theft, prosecutors in Los Angeles still take these cases seriously — especially if there’s prior history or the store pushes for charges.
If you’ve been accused of shoplifting, the next steps are critical. Let’s break down what typically happens after you’re detained or cited.
What Happens After You’re Caught Shoplifting?
If you were just stopped by store security for shoplifting, you’re likely confused, anxious, and unsure of what to expect next. This is one of the most common moments people start searching online — usually late at night after being cited and released — trying to figure out what’s going to happen.
Here’s what typically happens after a shoplifting incident in Los Angeles:
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You’re detained by store loss prevention. Most large retail stores have trained security or “loss prevention officers” who will stop you if they suspect theft. They’ll bring you to a back room, ask for your ID, and may ask you to sign documents or admit guilt. You are not legally required to sign anything or answer questions — especially without an attorney present.
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A report is written. Loss prevention staff will document what happened, take photos of the items, and sometimes video footage. This report is often passed to police or prosecutors — even if the store doesn’t pursue charges themselves.
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Law enforcement may be called. LAPD or local police may respond. Depending on the situation and your criminal history, you may be:
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Cited and released at the scene
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Taken to a police station and booked, then released with a future court date
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You’ll likely receive a court date. Even if you’re cited and released (no handcuffs or jail), you’ll still be ordered to appear in criminal court, usually at the Clara Shortridge Foltz courthouse in Downtown LA or a local branch court.
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You may receive a civil demand letter. Some stores will send a separate letter (or hire a law firm) demanding a civil penalty of up to $500 — even if no charges have been filed. This is separate from the criminal case and is often confusing to people.
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The District Attorney can still file charges. Many people believe that if the store “doesn’t press charges,” the case goes away — but that’s not true. The DA can and often does file charges even if the store doesn’t follow up. Their decision is based on the report and evidence — not the store’s preference.
If this is your first time facing any kind of criminal charge, this process can feel overwhelming — but there are often ways to resolve the case without jail or a conviction. In the next section, we’ll break down what penalties you might be facing, and how they can vary based on your situation.
What Are the Penalties for Shoplifting in California?
Shoplifting in California is usually charged as a misdemeanor under Penal Code 459.5, but the penalties can still be serious — especially if this isn’t your first offense or if you have certain priors on your record.
Misdemeanor Shoplifting Penalties (PC 459.5)
If it’s a first-time offense and the value of the merchandise was $950 or less, you’ll most likely be charged with a misdemeanor. Penalties may include:
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Up to 6 months in county jail
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A fine of up to $1,000
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A criminal record that shows up on background checks
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Informal (summary) probation for up to 3 years
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Civil penalties — stores can still send a demand letter asking for up to $500 in restitution
Even if you didn’t leave the store with the item, you can still be charged — intent to steal is enough to trigger a misdemeanor charge.
Felony Shoplifting – When Does It Apply?
Most shoplifting cases are misdemeanors, but under California law, you can be charged with felony shoplifting if you have certain serious prior convictions, including:
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A prior sex offense requiring sex offender registration (PC 290)
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A prior serious or violent felony (such as robbery, residential burglary, murder, or assault with a deadly weapon)
In these cases, prosecutors have the discretion to file felony charges under PC 459.5, and penalties increase significantly:
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Up to 3 years in county jail
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Higher fines
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Felony probation, which comes with stricter terms and longer consequences
Are There Alternatives to Jail?
Yes. Depending on the facts of your case, your record, and how early you hire a defense attorney, many shoplifting charges can be resolved without jail or a conviction. For example:
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Diversion programs may be available (including judicial diversion under PC 1001.95)
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Charges may be reduced to an infraction or dismissed after completion of conditions
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Community service, classes, or restitution might be negotiated in place of prosecution
Your attorney’s goal is to avoid jail, keep this off your permanent record, and get you back to your life without long-term consequences. In the next section, we’ll explain why having a lawyer — even for a first-time offense — can make a major difference.
Do I Need a Lawyer for a First-Time Shoplifting Charge?
Yes — even for a first-time shoplifting charge, having a lawyer can make a significant difference.
Many people assume that because it’s their first offense, the court will “go easy” on them. But shoplifting is a criminal offense, and even a misdemeanor conviction can create long-term consequences that affect your job, your immigration status, or your ability to obtain professional licenses.
A criminal record for theft can raise red flags in future background checks — even years down the line.
Here’s how our criminal defense lawyer can help right away:
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Appear in court on your behalf – In many misdemeanor shoplifting cases, your attorney can appear for you, so you don’t have to miss work or face the stress of going to court alone.
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Negotiate for dismissal or diversion – Los Angeles courts often offer pretrial diversion programs for first-time theft offenses. An experienced attorney can present your case in the best light and push for a resolution that avoids a conviction.
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Protect your record – Even if the evidence seems strong, a lawyer may be able to reduce the charge to an infraction, negotiate a deferred entry of judgment, or work toward eventual expungement.
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Challenge weak or mistaken accusations – Not every shoplifting arrest is clear-cut. If it was a misunderstanding, a false accusation, or a moment of confusion, a skilled attorney can raise those issues with the prosecution or in court.
If this is your first time being charged with a crime, you don’t want a permanent record over a single mistake. A lawyer’s early involvement can be the key to keeping your record clean and your future intact.
Can Shoplifting Charges Be Dismissed?
Yes — many shoplifting charges can be dismissed, especially if it’s your first offense and the case is handled quickly and strategically.
In Los Angeles and throughout California, courts offer diversion programs for certain non-violent offenses, including shoplifting. These programs are designed to give people a second chance without saddling them with a permanent criminal record.
Common ways shoplifting charges can be resolved:
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Diversion under Penal Code 1001.1 or 1001.95 – If eligible, you may be able to complete a short program (such as theft awareness classes or community service) in exchange for having the case dismissed.
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Reduction to an infraction – In some cases, your attorney can negotiate the charge down to a non-criminal infraction — similar to a traffic ticket — with no lasting record.
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Deferred entry of judgment (DEJ) – You may be allowed to plead guilty but have the case dismissed later if you stay out of trouble and meet certain conditions.
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Post-dismissal relief – Even if a charge isn’t dropped right away, your attorney can later help seal or expunge the case so it doesn’t appear on background checks.
These outcomes aren’t automatic — they depend on the facts of the case, your prior record, and how early you get a defense lawyer involved. Prosecutors have limited time to make charging decisions, and the sooner your attorney starts negotiating, the more likely it is that you can avoid a conviction altogether.
Caught Shoplifting in Los Angeles? Talk to a Criminal Defense Attorney Today
If you or someone you care about has been caught or arrested for shoplifting in Los Angeles, the most important thing you can do is act quickly. The earlier you involve a defense attorney, the more options you may have — including keeping this off your record entirely.
Attorney Hashemi has over 20 years of experience defending shoplifting and theft-related cases throughout Los Angeles County. We understand how prosecutors charge these cases and how to push for the best possible outcome.
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