If you have been accused of and/or charged with shoplifting, you likely have many questions. The easiest way to get the answers you need is to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. In the meantime, you can also continue reading to discover answers to some of the most commonly asked questions about shoplifting.

What Effect Did Prop 47 Have on Shoplifting Laws?

Proposition 47 was passed into law in 2014 and added an additional misdemeanor section to the existing Penal Code. The addition required that defendants face misdemeanor and not felony charges for what are considered non-serious and non-violent crimes. However, this does not apply to defendants who have previous violent or serious convictions, such as weapons charges, rape, or murder. If the defendant is a registered sex offender, then they do not qualify for this relief either.

What Must the Prosecutor Prove to Win Their Case?

To earn a conviction, the prosecutor must prove that you are guilty of commercial burglary by proving two elements. First, they must prove that the crime occurred during the company’s business hours. Second, they must prove that you entered the building with the intent to take property that was worth less than $950.

Can You Be Charged with Both Theft and Shoplifting?

If you succeed in taking the property from the store, then you cannot be charged with both shoplifting and burglary or theft, as long as the charges are for the same property. However, if you stole from the same store several times, you could be charged with both crimes, just not for the same incident.

Can I Be Convicted If I Did Not Succeed in Stealing Anything?

Yes. You will note that the prosecution is only required to show that you intended to steal something – not that you were successful. If they prove the intent, that is enough. For example, if you put shoes in your bag and were stopped by an employee before you could actually leave the store, you could be convicted if the prosecution proves that this was action taken with the intent of stealing items.

What Defense Options Do I Have if I Am Charged with Shoplifting?

The best way to find out is to contact an attorney and explain your case to them. However, generally speaking, your defense options will including showing that you did not have the intent to shoplift, that you were entrapped by a member of law enforcement, or that you were not present at the time of the alleged theft.

Now is a good time to contact an attorney to determine your best way forward. You can contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.