According to California Penal Code Section 459.5, shoplifting is entering a commercial establishment during regular working hours, with the intent to commit larceny, where the value won’t exceed $950.
To be convicted of 459.5 PC shoplifting, the prosecutor must establish that the defendant:
Penalties for a misdemeanor shoplifting conviction include:
The defendant may also serve probation time of up to 3 years while participating in community service.
Penalties for a felony shoplifting conviction include:
Penal Code section specifically requires, “entering a commercial establishment during regular business hours, with the intent to commit larceny.” The “intent” is a critical aspect of this charge.
This means that the defendant must have intended to take the property. As such, if the defendant mistakenly walked out with the property, the “intent” element is not satisfied.
The prosecutor must be able to prove that the defendant was present at the time the merchandise was stolen and was the cause of the incident. Usually, this information is provided by merchants and eyewitnesses and that were present at that time.
Under California law, if the shoplifter agreed to repay the owner of the business for all losses or damages a civil compromise can be redefined.
The defendant may be prone to some forms of police misconduct including:
If you or a loved one has been charged with Penal Code Section 459.5 Shoplifting, we invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation.
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