4 Things You Didn’t Know About Shoplifting and Theft In California

If you have been charged with a crime in the theft category, you may have some questions about shoplifting or theft.  This article addresses some common questions.

Is it a crime if you didn’t leave the store?  Yes it can be. You can still be convicted of a crime, if you took something but didn’t leave the store.  If you look at the elements below, you will notice that the prosecutor doesn’t have to prove that you moved the item out of the store.  Still, the prosecutor must prove that you had intent, so that’s one area that can be attacked in the prosecution’s case if, for example, you intended to pay for the item but put it in a pocket or a purse without thinking.

 

What does the prosecution have to prove to convict me of petty theft?  The summary below will show you the general  elements of petty theft:  

  • taking possession of property owned by someone else
  • without the owner’s consent
  • with the intent to remove it from the owner’s possession
  • moving it, and keep it for a period of time
  • value of property is $950 or less.

What does the prosecution have to prove to convict me of shoplifting?  The summary below will show you the general  elements of petty theft:  

 

  • entering a commercial establishment (for example, a store)
  • while the establishment is open during regular business hours
  • with the intent to steal items worth less than $950

How can you fight a theft charge?  

 

  • Lack of intent – You can show that you had no intent to steal the item.  For example, if you purchased many expensive items and forgot to pay for the milk that was at the bottom of the cart, then those factors would indicate that not paying for the milk was an oversight rather than an intentional taking.   
  • Accident/Mistake– This defense also attacks the intent element by showing that you were unaware of the item or that it was a mistake.  For example, if a child or friend put the item in your pocket without your knowledge, you could claim that it was a mistake.  Or, if you thought the item had been previously purchased by a family member or friend, then that could show a valid accident or mistake.
  • Belief the property belonged to you – This defense is also a subset of lack of intent and can be used when you believed that the property was yours and not someone else’s property.
  • Consent from the owner – If the owner said or did something that made you believe that they consented to your use or taking of the property, then this is also a defense.