Shoplifting: PC 459.95
Shoplifting is one of the most common theft-related offenses in California, and it carries serious legal consequences. Whether the incident involves the theft of a small item or something more substantial, being charged with shoplifting can have a significant impact on a person’s life. If you’ve been accused of shoplifting in San Bernardino County, contact Attorney John D. Lueck for advice and representation from a skilled and experienced Rancho Cucamonga theft crimes defense lawyer.
What Is Shoplifting? Penal Code 459.5 Explained
Under California Penal Code 459.5, shoplifting is defined as “entering a commercial establishment during regular business hours with the intent to steal property valued at $950 or less.” Unlike burglary, which covers a wide range of thefts, shoplifting is more narrowly focused on thefts occurring in retail establishments.
To secure a conviction for shoplifting, the prosecution must prove each element of the offense beyond a reasonable doubt. Key elements of the crime of shoplifting include:
- Entry into a commercial establishment: This must occur during normal business hours when the store is open to the public.
- Intent to steal: The accused must have entered the establishment with the specific intent to steal. Even if the theft does not ultimately occur, the intent is enough to meet the definition of shoplifting.
- Value of property: The stolen property must be worth $950 or less. If the value exceeds this threshold, the offense may be charged as burglary rather than shoplifting.
Penalties for Shoplifting in California
If convicted of shoplifting under California Penal Code 459.5, the offense is typically charged as a misdemeanor, provided the value of the stolen property is less than $950. The potential penalties include:
- Up to six months in county jail
- Fines of up to $1,000
- Informal (summary) probation
However, in certain circumstances, the charge could be elevated to a felony. For instance, if the accused has a prior conviction for serious offenses such as murder, rape, or other violent crimes, a shoplifting charge may result in harsher penalties, including increased jail time and fines.
Defenses Against Shoplifting Charges in San Bernardino
A skilled criminal defense attorney can evaluate the details of your case and develop a defense strategy tailored to your circumstances. Possible defenses against shoplifting charges include:
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Lack of intent: One of the most effective defenses is proving that you did not intend to steal when you entered the store. For instance, you may have accidentally walked out of the store without realizing you had an item in your possession.
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Mistaken identity: If surveillance footage or witness accounts are being used to identify you as the perpetrator, your attorney may challenge the reliability of this evidence, arguing that you were mistakenly identified.
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Insufficient evidence: If the prosecution cannot prove all the elements of the crime, including intent, your attorney can argue that there is not enough evidence to secure a conviction.
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Civil compromise: In some cases, restitution may be made to the business, and the store owner may agree not to pursue criminal charges, allowing for a dismissal of the case.
How a Criminal Defense Attorney Can Help
Facing shoplifting charges can be intimidating, but you don’t have to face them alone. A knowledgeable criminal defense attorney like John D. Lueck can help by, examining the evidence, negotiating for reduced charges or seeking dismissal where appropriate, or presenting a strong defense in court. Attorney Lueck carefully scrutinizes the evidence brought by the prosecution, including witness statements, surveillance footage, and any physical evidence, to find weaknesses or inconsistencies in the case against you. In some situations, Attorney Lueck may be able to negotiate with the prosecution to reduce the charge from a felony to a misdemeanor or seek alternative sentencing options such as probation. Should your case go to trial, Attorney Lueck will advocate on your behalf, presenting a strong defense that challenges the prosecution’s narrative and works to secure the best possible outcome.
Contact Attorney John D. Lueck for Defense Against Shoplifting Charges in Rancho Cucamonga
Being accused of shoplifting under California Penal Code 459.5 is a serious matter that requires immediate attention from a skilled legal professional. By understanding the charges, potential penalties, and available defenses, you can make informed decisions about your case. If you or a loved one is facing shoplifting charges in San Bernardino County, contact Attorney John D. Lueck at 909-484-1963 (office) or 909-646-2736 (cell) for a comprehensive defense strategy aimed at protecting your rights and avoiding or minimizing the impact of the charges.
