Los Angeles Shoplifting Lawyer
Being accused of shoplifting in California, which is considered a property crime, is far more serious than most people realize. A simple mistake—or even a misunderstanding in a store—can turn into a criminal charge that follows you for years.
Prosecutors treat these cases aggressively, and without an attorney protecting you, you can easily end up with a permanent conviction.
What is shoplifting?
Shoplifting in California is a charge that many people face after a moment of distraction, pressure, or misunderstanding. Yet even though it may seem minor, the consequences can be long-lasting.
Under California Penal Code §459.5, shoplifting occurs when someone enters an open business during regular hours with the intent to steal property valued at $950 or less.
In many cases, people are charged even when they never left the store or had no intention to steal. The law is complex, and misunderstanding it can lead to unnecessary penalties.
Shoplifting often overlaps with other theft-related charges, including petty theft under Penal Code §§484 and 488, and in some cases grand theft under Penal Code §487 when the value exceeds $950. Depending on the circumstances, a simple accusation can escalate into a more serious offense if prosecutors believe there was planning, prior attempts, or aggravating factors.
Penalties for Shoplifting in California
For most first-time offenders, shoplifting is prosecuted as a misdemeanor, but that does not mean the outcome is light. A conviction may include up to :
- six months in county jail
- fines that can reach $1,000
- probation conditions
- record that remains accessible to employers, landlords, licensing boards, and in some cases immigration authorities.
Even if jail time is avoided, the lasting impact on your background check can be far more damaging.
There are situations where shoplifting can turn into a felony charge. This can happen if the accused has certain prior serious or violent convictions, or if law enforcement believes the incident is part of organized retail theft.
Felony penalties are much harsher and can include several years in county jail, higher fines, and long-term probation. Beyond the criminal system, stores are also allowed to send civil demand letters, requesting payment for losses or alleged damages, which can add even more financial stress to an already overwhelming situation.
Defense Strategies Used in Shoplifting Cases
An experienced Criminal attorney begins by examining whether there was any actual intent to steal, because intent is a required element under California law. Many cases involve distractions, misunderstandings, or simple forgetfulness, none of which meet the legal definition of shoplifting.
In other situations, attorneys find that store security or loss prevention officers acted unlawfully by detaining someone without proper cause, searching bags, or forcing individuals to sign statements.
When rights are violated, evidence can be suppressed or the case may be dismissed entirely. Mistaken identity is also common, especially in crowded stores or when video footage is unclear. A strong defense involves challenging every step taken by the store, security, and police, and ensuring the prosecution can actually prove the accusation beyond a reasonable doubt.
Many clients also qualify for diversion programs, which allow the case to be dismissed after completing certain requirements. These programs protect your record and prevent long-term consequences. An attorney’s role is to negotiate these resolutions and ensure that one moment does not define your future.
What You Should Do If You Are Arrested or Cited for Shoplifting
If you were detained, cited, or arrested, the most important thing is not to explain your side of the story to store employees, police officers, or anyone else. People often talk themselves into trouble without realizing it.
The safest step is to remain calm, avoid signing any written statements, and contact a Shoplifting attorney immediately.
You should also keep any receipts, paperwork, security notes, or citation documents you received. These materials often contain mistakes that can be used to challenge the case. Acting quickly gives your attorney more time to negotiate with prosecutors, gather evidence, and potentially stop charges from ever being filed.
Why Having a Shoplifting Attorney Matters
Shoplifting charges may look simple on paper, but prosecutors treat them seriously because retailers continuously push law enforcement to “crack down” on theft. Without legal guidance, you may accept penalties or admissions that permanently damage your reputation. A skilled attorney protects you from making statements that can be used against you, negotiates for reduced charges or complete dismissal, and positions you for the best possible outcome—especially if you have immigration concerns or professional licenses.
A lawyer also ensures you do not get pressured into unnecessary fines or civil penalties. The goal is not just to avoid jail; it is to protect your long-term record, career, and opportunities.
Why Clients Choose California Criminal Defense Center:
Clients trust us because we understand how stressful and embarrassing these situations can be, and we approach every case with respect, confidentiality, and a focus on protecting the future you are working hard to build.
We have handled numerous shoplifting and petty theft cases throughout California, and our experience allows us to anticipate prosecutors’ strategies, identify weaknesses in the evidence, and negotiate from a position of strength.
We are also committed to providing clear communication so you always know what is happening with your case.
From the first consultation to the final resolution, you have a legal team dedicated to reducing charges, avoiding a conviction, and keeping your record as clean as possible. Our goal is simple: to make sure one mistake does not define your life
Work with expert lawyers
Unlike many law offices that assign client cases to young associates, attorney Ardalon Fakhimi will personally handle all significant aspects of your Underage DUI case from start to finish, including all settlement discussions, negotiations, and the trial. He will personally answer all of your questions and navigate you through every stage of your case. We never use inexperienced associates who are just learning the practice of DUI law and criminal law. Similarly, we are NOT a high volume law office. Rather, we emphasize a very personalized attorney-client relationship where our clients are in continuous contact with their DUI and criminal lawyer; not their lawyer’s assistant. Finally, we are a detail-oriented law office that meticulously strategizes every case. That means no stone remains unturned during the course of our representation and through the final disposition of your case.
We serve clients from Sherman Oaks, Van Nuys, Torrance, for Domestic Violence, Petty Thefts, DUI Under-21 Cases.
What Our Clients Say
FAQs About Shoplifting in California:
here is some questions about shoplifting in California:
Will shoplifting stay on my record forever?
A shoplifting conviction in California can remain on your criminal record permanently unless it is dismissed, expunged, or reduced through legal action. Many people assume minor theft charges disappear over time, but they do not. Employers, landlords, and in some cases immigration officers can see them for years. This is why securing an attorney early is crucial—your lawyer can often negotiate for dismissal, diversion, or another outcome that prevents long-term damage.Can I go to jail for a first-time shoplifting offense?
Yes, jail is a legal possibility, even for a first-time offense, because shoplifting is charged as a misdemeanor under Penal Code §459.5. While not everyone goes to jail, the risk increases if the value is high, if you were uncooperative during the incident, or if the prosecutor decides to pursue aggressive penalties. An attorney can intervene early, argue for alternatives, and often prevent jail entirely by negotiating diversion, community service, or a reduced chargeDo I really need an attorney if I’m innocent or it was a misunderstanding?
Absolutely. Innocent people are charged with shoplifting all the time, often due to miscommunication, unclear video footage, or mistakes made by store security. Trying to explain yourself to police or prosecutors without a lawyer can easily backfire, because anything you say may be interpreted as an admission of guilt. A defense attorney knows how to present your side correctly, challenge weak evidence, and protect you from making statements that harm your case.
Take Control of Your Case Today
If you are facing a shoplifting charge in California, do not wait. The sooner an attorney intervenes, the higher the chances of avoiding a conviction or even stopping charges from being filed at all. Contact us today for a confidential consultation and let us protect your rights, your record, and your future.