Thursday, November 10, 2011

Can Shoplifting Be a Felony? Indeed.



So, you are a shoplifter. What’s the big deal? A shoplifter is barely even a criminal. Shoplifting is such a minor crime that if you get caught you will only receive a ticket, right? Not so fast. There is a very good possibility that if you shoplift you are legally committing a burglary, robbery or one of several other types of theft classified as a felony.

First things first! There is one important fact that you need to know as a “shoplifter”: There is no such crime as "shoplifting" It is true. “Shoplifting” is simply a slang term that usually refers to a crime called theft when it occurs in a retail setting.

Theft in itself has two different degrees:

Petty Theft- A theft is a petty theft when the value of stolen merchandise totals under $950. Petty theft is a misdemeanor. (CA law)

Grand Theft- A theft becomes a grand theft when the value of stolen merchandise is over $950. Grand theft is a felony. (CA law)

Burglary- A burglary is when a person enters any structure with the intent to commit a felony OR a petty theft. Burglary is a felony.

Robbery- A robbery is when you take something from an individual OR A STORE, against their will, by means of force or fear. Keep in mind that any person representing a store who confronts you regarding the crime becomes the victim should the situation become threatening or physical. Robbery is a felony.

So what does all this mean for you the shoplifter? What are some of the outcomes you could face if you're stopped by Loss Prevention? Let’s look at a few scenarios:


1)You walk into a store. You pick up two pairs of jeans and a shirt. You shove the shirt (which values $30.00) down the front of your pants. You then walk to the register and purchase the two pairs of jeans. As you exit the store you are apprehended by undercover Loss Prevention Agents. You are guilty of petty theft.

2)You decide you want some new DVDs. The problem is that you are low on cash. So, you grab an empty plastic bag and a knife and you put them in your pocket (because you were already intending to steal the DVDs). You head to the store. You approach the DVD section and began choosing the ones that you like. You cut open the DVD cases and quickly put the disks inside the plastic bag. You head for the exit. As you walk out the door you are apprehended by undercover Loss Prevention Agents. You could be guilty of burglary.

3)Choose either one of the above scenarios, only this time things go slightly differently as you exit the store. You walk out the door and a Loss Prevention Agent steps in front of you. The agent tells you to return inside the store. You tell the agent in an aggressive tone, “You better get out of my way!” Your tone of voice implied a threat. Or maybe you shove the agent in an attempt to get away. You could be guilty of robbery.


I am not saying that these charges will stick. There are many factors that will affect the outcome of your case. I am saying however, that these are some of the things the local District Attorney, the responding police agency, and the store personnel will be looking at bringing to the trial.

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Contact: Questions and comments can be sent to me at ShoplifterPro@gmail.com
**Disclaimer** I am not an attorney. I have many years of Loss Prevention experience. Nothing on this website is to be interpreted as legal advice. The content of the website is purely informational. Neither I, nor does anybody involved with ShoplifterPro, condone shoplifting or any form of theft. If you commit theft you will eventually be caught, and prosecuted. Do not do it.