When Does Shoplifting Become a Felony Crime?
In California, shoplifting can be classified as a felony in certain cases. Penal Code 459.5 PC states that shoplifting involves entering a store with the intent to steal items worth $950 or less during regular business hours.
Understanding this is essential for grasping the legal consequences of shoplifting.
Shoplifting is usually considered a misdemeanor, but specific factors can elevate the charge to a felony under California law. If so, you could face several years in prison upon conviction. These consequences should not be underestimated.
CA Proposition 36
Proposition 36 states that a third-time theft offense can be classified as a felony, carrying sentences of 16 months, 2 years, or 3 years in prison.
The nature of the previous two convictions does not matter if they involved petty theft, shoplifting, burglary, robbery, or carjacking.
The choice to charge someone with felony shoplifting is not random; the district attorney makes it, especially if there is a prior conviction for serious crimes like gross vehicular manslaughter, murder, attempted murder, or solicitation.
Other previous felony shoplifting convictions include sex crimes that require sex offender registration, offenses involving a child under 14, sex crimes committed through force, violence, or threats, and serious or violent felonies that can result in life imprisonment or the death penalty.
Additionally, organized retail theft—when two or more individuals collaborate to steal merchandise—can result in felony shoplifting charges.
Another example is grand theft, which applies when the stolen property exceeds $950 in value or if the offender has a serious criminal record, including prior offenses that suggest a pattern of criminal conduct.
What Does PC 459.5 Say?
The full text of California Penal Code 459.5 PC says, "(a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).
Any other entry into a commercial establishment with the intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property."
Entering a Business to Commit a Crime
In simple terms, shoplifting means deliberately going into a store during business hours with the intent to steal. It differs from burglary, which involves entering the business outside of normal hours or when it is unoccupied.
Knowing these legal distinctions can help you better understand your situation and the potential charges. For misdemeanor shoplifting, the value of stolen or intended stolen items must not exceed $950.
The intent to steal is equally prosecutable as the act itself. Therefore, you can be charged with shoplifting if you intended to steal, even if you were caught before leaving the store. California law allows a felony charge of shoplifting if any of the following three conditions are met.
Value of the Stolen Goods Exceeds $950
The $950 threshold distinguishes petty theft, usually associated with misdemeanor shoplifting, from grand theft under California Penal Code 487 PC.
If you steal electronics valued over $950 from a store, it no longer qualifies as Penal Code 459.5 shoplifting. Instead, it is classified as grand theft, which may lead to more severe penalties. A felony grand theft conviction can result in up to three years in county jail.
Intending to steal property worth more than $950 increases the severity of the offense. Even if you do not manage to leave the store with the items, the value of the goods significantly influences the potential charges.
Organized Retail Theft
Shoplifting may also be charged as a felony under Penal Code 490.4, which covers organized retail theft. This law applies when two or more individuals team up to steal merchandise for profit.
Usually, the aim is to resell, exchange, or return the stolen items for cash. Organized retail theft is considered more severe than solo shoplifting because it involves planning and cooperation.
For instance, if two individuals enter a store, collect valuable merchandise, and coordinate their actions to avoid suspicion or detection by employees, they could be charged with a felony.
Prior Criminal Convictions
If you have a criminal record with previous convictions at the time of the shoplifting, you could also be charged with a felony under PC 459.5. These prior convictions typically include serious or violent felonies or sex offenses, such as the following:
- Any crime that mandates registration as a sex offender (PC 290).
- Sex crimes involving minors under 14 years old.
- Any sex crime involving violence, such as the use of force, weapons, or threats.
- Murder as defined under Penal Code 187 PC.
- Solicitation to commit murder (PC 653f).
- Gross vehicular manslaughter (PC 191.5.
- Having a weapon of mass destruction.
- Any felony that is punishable by death or life imprisonment.
What Are the Related Offenses?
- Penal Code 459 PC defines burglary as entering any structure, room, or locked vehicle with the intent to commit theft or a felony once inside.
- Grand theft under Penal Code 487 involves stealing property valued over $950. This felony can result in up to 3 years' imprisonment and a fine of up to $10,000.
- Penal Code 484 PC defines petty theft as stealing property or services valued at $950 or less. A charge of petty theft can be filed if the prosecutor cannot demonstrate that you had the intent to steal at the time you entered the store.
- Penal Code 602 PC Trespassing involves entering or remaining on another person's property without permission or legal right. You may be charged with both trespassing and burglary.
What Are the Felony Shoplifting Penalties
As mentioned, California law permits various situations where shoplifting can be prosecuted as a felony, resulting in the following penalties:
- Fines can reach up to $10,000.
- Imprisonment for up to 3 years in state prison.
- Victim restitution.
- Loss of the right to possess firearms.
What Are the Common Shoplifting Defenses?
Prosecutors often seek to elevate shoplifting charges to felonies. Therefore, hiring a criminal defense lawyer offers the best chance for a favorable outcome or reduced penalties.
We will analyze your case and develop a tailored defense strategy based on your specific situation.
Maybe we can question the worth of the stolen goods, especially if they are close to the $950 limit. Additionally, we might seek to remove any evidence gathered unlawfully through illegal searches and seizures.
We might consider the possibility that there was no intent involved. Perhaps you left the store with the merchandise unintentionally. When appropriate, we can negotiate a plea deal, like pleading guilty to a misdemeanor to avoid the charge being upgraded to a felony.
For more details, contact our California criminal defense attorneys at the Hedding Law Firm in Los Angeles.
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