If you are charged with Shoplifting, Petty Theft, or Grand Theft, you should immediately consult with an experienced criminal defense lawyer to discuss your legal options. The criminal defense attorneys at Rodriguez, Lewis & Kahn believe in getting a head start on the prosecution rather than taking a wait-and-see approach to defending theft charges. The first days following an arrest can be the most crucial. When we start working on a case immediately, we can identify and interview favorable defense witnesses and begin collecting evidence. This puts us in a position to obtain the best possible result for you.

CALIFORNIA SHOPLIFTING LAW

Shoplifting is stealing something from a store. The legal terms for Shoplifting are Petty Theft or Grand Theft . The key elements of Petty Theft are contained in California Penal Code 484:

• Taking & carrying way
• Property of another
• Without consent of the owner
• With the specific intent to deprive the owner of the property permanently.

Petty Theft is generally charged as a misdemeanor when the value of the property is less than $950. Petty Theft is punishable by a fine and/or by imprisonment in the county jail of not more than 6 months. Petty Theft can be charged as a felony on your fourth offense under Penal Code 666 - Petty Theft with a prior conviction. A fourth conviction of Petty Theft is punishable up to three (3) years in state prison. In rare cases, a petty theft charge can be reduced to an infraction . Consult with your attorney about that.

Grand Theft is similar to Petty Theft except that the money, labor, real or personal property taken has a value of $950 or more (Penal Code 487). Grand Theft can be charged as a misdemeanor or felony depending on the circumstances of the crime, including amount taken and the criminal record of the accused. Misdemeanor Grand Theft is punishable by up to one (1) year in county jail whereas felony Grand Theft carries a maximum of three years in state prison.

SHOPLIFTING DEFENSES

The best defense starts immediately in our office, not in the courtroom. Most shoplifting charges are proven with the store security tapes, testimony by loss prevention staff, security guards, and other eyewitnesses. As criminal defense lawyers we do not rely on the police or loss prevention reports. We listen to your story. Then we investigate by carefully studying the security tapes and interviewing witnesses.

Prosecutors in shoplifting cases must prove that the accused had the specific intent to deprive the owner of the merchandise or property permanently. Property taken by accident or unintentionally has not been shoplifted. If that is proved, it is a viable defense. If the prosecutor's shoplifting case is factually weak (for example, few reliable witnesses and no store security video), it is possible that the shoplifting charge can be reduced to a trespass charge or dismissed altogether.

LOS ANGELES SHOPLIFTING DEFENSE ATTORNEYS

Shoplifting, whether charged as Petty Theft or Grand Theft, requires the legal expertise and negotiating abilities of a skilled criminal defense attorney. In some cases (depending on the circumstances), a shoplifting charge can be reduced to a lesser charge if the evidence in the case is weak and witnesses or video are not available. In the event there is a conviction, an experienced California criminal defense attorney is your best chance to take advantage of jail alternatives such as counseling, electronic monitoring, house arrest, or community service. We’ll help you put this behind you and get on with your life.

Call the criminal defense attorneys at Rodriguez, Lewis & Kahn to confidentially discuss your case and the legal options available to you. Do not take a shoplifting charge lightly - a shoplifting conviction stays on your criminal record permanently!