Rizio and Nelson California Law Blog

In California, shoplifting is a frequent offense. Despite the fact that it’s a risky endeavor, people still try to get away with stealing if they can. Sometimes, young people are the victims of peer pressure and will steal something in order to fit in with their “friends.” Other times, people are desperate and feel that they need to steal in order to survive.  Shoplifting can also be a form of mental illness, where the person feels compelled to steal. Whatever the reason, California’s laws regarding shoplifting can be quite complicated, depending on the value of the item that was stolen.

Armed with many ways of deterring people from stealing, including cameras and high-tech equipment, retailers usually have plenty of solid evidence to convict a person accused of shoplifting. Store managers have the right to detain and question potential suspects for a reasonable amount of time, or until police arrive. Technically, under California law, a citizen’s arrest could be made.

Most shoplifters are first-time offenders who commit misdemeanors by stealing merchandise that is not worth a lot of money. However, if the value of the item or property stolen is $400 or greater, the offense is considered to be grand theft. In California, this is a felony. Combined with the Three Strikes Law, a shoplifting conviction could result in a life prison term. For example, a person has had two prior convictions for “serious or violent” crimes, such as burglary, assault, rape or homicide. Then, they are convicted of two counts of grand theft shoplifting. Each count of shoplifting has a sentence of 25 years. Say this person is 31 years old; by the time they get out of jail, they are 81. Most people would agree that this person will serve a “life” sentence, even if the judge did not call it such.

Unfortunately, there are many cases such as this that have resulted in overpopulation of the California prison system. And this is why if you have been arrested for shoplifting, it is so important to get expert representation from lawyers who know the laws inside and out. Contact Rizio and Nelson – they are the experts, and are here for you 24 hours a day and seven days a week. Schedule your free initial consultation today!