Shoplifting might seem like a minor offense, but the legal consequences in California can be more severe than many realize—especially with recent changes in state law. If you or a loved one are facing shoplifting charges, understanding the seriousness of these allegations is crucial to protecting your future.
California law defines shoplifting as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. This is typically charged as a misdemeanor, but circumstances can quickly escalate the severity of the charge.
Misdemeanor Shoplifting:
If the value of the stolen goods is $950 or less, shoplifting is usually a misdemeanor. Penalties can include up to six months in county jail and/or a fine of up to $1,000. Judges may also order probation, restitution to the store owner, or participation in diversion programs.
Felony Shoplifting:
Shoplifting can be charged as a felony if the value exceeds $950, or if the accused has prior convictions for certain theft-related crimes. Felony penalties are much harsher: 16 months to three years in state prison, fines up to $10,000, and mandatory restitution.
As of January 2025, California has implemented stricter laws to address retail theft and organized shoplifting rings. Notably:
Probation for shoplifting and petty theft can now last up to two years, rather than one.
Young offenders under 25 may be referred to rehabilitative programs, focusing on restorative justice.
Law enforcement now has expanded authority to arrest suspects based on probable cause—even if the crime wasn’t committed in their immediate presence.
These changes reflect a statewide push to hold offenders accountable while also offering opportunities for rehabilitation.
A shoplifting conviction can have repercussions far beyond jail time or fines:
Permanent Criminal Record: This can impact employment opportunities, housing applications, and professional licensing.
Restitution Orders: Courts often require repayment to the retailer, which can be financially burdensome.
Probation Requirements: Extended probation means longer supervision and more opportunities for violations.
Several defenses may be available, including:
Lack of intent to steal
Mistaken identity or misunderstanding
Civil compromise or pretrial diversion programs
An experienced criminal defense attorney can assess your case and pursue the best possible outcome, whether that means negotiating for reduced charges, diversion, or outright dismissal.
With over 40 years of experience and a reputation for compassion and honesty, Mark Broughton is a certified specialist in criminal law serving Fresno and the Central Valley. He offers one-on-one consultations, clear guidance, and a commitment to achieving the best outcome for each client. Facing shoplifting charges can be overwhelming, but you don’t have to navigate the process alone.
If you or a loved one is facing shoplifting charges in Fresno, contact Mark Broughton for a confidential consultation and take the first step toward protecting your future.
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