Experienced Shoplifting Defense Attorney in Santa Rosa, CA

Protect Your Rights & Future with Wilber Law Offices, P.C.

If you or a loved one has been accused of shoplifting in Santa Rosa, CA, it is essential to seek experienced legal representation immediately. A shoplifting conviction can have lasting consequences, from criminal penalties to a permanent mark on your record. At Wilber Law Offices, P.C., our dedicated Santa Rosa shoplifting defense lawyers are committed to protecting your rights and providing the strong defense you deserve.

Facing Shoplifting Charges? Protect your rights with an experienced defense attorney. Contact us today at (707) 986-4482 for a consultation..

What is Considered Shoplifting in California?

Under California Penal Code Section 459.5, shoplifting is defined as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. If the value of the stolen goods exceeds this amount, the offense may be charged as burglary, which carries harsher penalties.

Shoplifting offenses can include:

• Concealing merchandise and leaving a store without paying
• Altering price tags to pay a lower price
• Switching packaging to purchase a more expensive item at a lower cost
• Returning stolen merchandise for store credit

Unlike petty theft or grand theft, shoplifting specifically refers to theft from a commercial establishment. If the act occurs outside of business hours, the charge may escalate to burglary, a more serious offense.

Criminal Penalties for Shoplifting

The penalties for a shoplifting conviction in California vary based on prior criminal history and the value of the stolen property.

Misdemeanor Shoplifting (for first-time offenders):

• Up to six months in county jail
• A fine of up to $1,000
• Probation and mandatory theft prevention classes
• Community service

Felony Shoplifting (if the accused has prior serious convictions):

• 16 months, two years, or three years in state prison
• Higher fines and additional penalties

If you have previous convictions for serious offenses such as violent felonies, you could face felony shoplifting charges even for a minor theft.

Beyond legal penalties, a shoplifting conviction can have other serious consequences, including difficulty securing employment, immigration consequences for non-citizens, and damage to your personal reputation.

Legal Defenses Against Shoplifting Charges

At Wilber Law Offices, P.C., we employ proven legal strategies to fight shoplifting charges. Some common defenses include:

• Lack of Intent
  Shoplifting requires intent. If you accidentally left a store without paying for an item or were distracted, you may not be guilty of shoplifting.
• Mistaken Identity
  Many shoplifting accusations arise from misunderstandings or errors in store surveillance. If you were wrongly identified, we can work to challenge the evidence against you.
• Insufficient Evidence
  The prosecution must prove beyond a reasonable doubt that you intended to commit theft. If there is weak or circumstantial evidence, we can argue for dismissal.
• Violation of Your Rights
  If law enforcement conducted an illegal search or failed to read your Miranda rights, any evidence they gathered could be inadmissible in court.
• False Accusations
  False accusations can occur due to misunderstandings, personal disputes, or even racial profiling. Our attorneys will investigate the facts to uncover the truth.

Shoplifting & Juvenile Offenders

When minors are caught shoplifting, the legal consequences can vary depending on the severity of the offense and whether it is a first-time or repeat violation. While juveniles are generally treated more leniently than adults, a shoplifting charge can still have serious repercussions.

Legal Consequences for Minors

• First-time offenders may be required to attend a diversion program instead of facing criminal charges.
• Repeat offenses can lead to probation, fines, community service, or even time in a juvenile detention center.
• Parents may be held financially responsible for damages caused by their child’s actions.

Impact on Future Opportunities

• Even juvenile records can affect college admissions and scholarship opportunities.
• A shoplifting charge may make it difficult to secure jobs, especially in retail or government positions.
• However, some juvenile offenses can be sealed or expunged after a certain period.

Diversion Programs & Record Sealing

• Many minors qualify for diversion programs that allow them to complete community service or counseling instead of being convicted.
• Upon successful completion, charges may be dropped, preventing a permanent criminal record.
• In some cases, juvenile records can be sealed, making them inaccessible to employers or schools.

Civil Liability for Shoplifting

Beyond criminal charges, shoplifters—both adults and minors—may face civil penalties from the store they stole from.

How Stores Can Sue Shoplifters

• Retailers can file a civil lawsuit to recover the value of stolen merchandise, even if it was returned.
• In some cases, stores may demand additional damages for security costs or lost profits.

Fines & Restitution

• Under California law, shoplifters (or their parents if they are minors) may be ordered to pay fines or restitution up to $500 in addition to criminal penalties.
• Restitution is meant to compensate the store for financial losses caused by the theft.

Handling Civil Demand Letters

• Many retailers send letters demanding payment for damages—often much higher than the actual loss.
• These letters are not criminal charges, but ignoring them could lead to a lawsuit.
• An attorney can help determine whether the demand is legitimate or excessive.

Wrongful Detainment & Store Security Issues

Shoplifting suspects are often detained by store security, but there are legal limits to what security personnel can do.

When Detainment Becomes Illegal

• Stores can detain a suspected shoplifter for questioning, but only for a reasonable time.
• Physical force or threats may constitute unlawful detainment or assault.
• If a person is falsely accused and held without cause, the store may be liable for damages.

What to Do If You Were Falsely Detained

• Stay calm and request to leave if the detention is prolonged without evidence.
• Do not sign any confessions or pay any fines on the spot.
• Document the incident, including witness statements and security footage, if available.

Legal Actions for Wrongful Accusations

• Victims of false shoplifting accusations may be able to sue for defamation or false imprisonment.
• If excessive force was used, a lawsuit for assault or emotional distress may be possible.
• Consulting a lawyer can help determine the best course of action.

How a Santa Rosa Shoplifting Defense Lawyer Can Help

Navigating the legal system can be overwhelming, especially if you are facing criminal charges for the first time. Our skilled Santa Rosa shoplifting defense attorneys at Wilber Law Offices, P.C. will:

• Conduct a thorough case review and evidence analysis
• Develop a strong defense strategy tailored to your case
• Negotiate with prosecutors for reduced charges or dismissal
• Represent you in court to fight for the best possible outcome
• Work to expunge your record when eligible

We understand how stressful facing criminal charges can be, and we are here to protect your rights and guide you through the legal process with confidence.

Frequently Asked Questions (FAQ) – Shoplifting Charges

Can I be charged with shoplifting if I didn’t leave the store?

• Yes. In California, you can be charged with shoplifting even if you never made it out the door. If store security or law enforcement believes you had the intent to steal—such as concealing an item or switching price tags—you may still face charges.

What happens if I accidentally took an item without paying?

• If you unintentionally left a store without paying, you may still be detained or charged. However, proving there was no intent to steal can be a strong defense. A lawyer can help argue that it was a simple mistake rather than a crime.

Can a store press charges against me even if I returned the item?

• Yes. Returning the stolen item does not automatically erase the offense. While it may help in negotiations, the store can still report the theft to the police, and prosecutors can still file charges.

Do I have to talk to store security if they stop me?

• No. You have the right to remain silent and request legal representation. While store security can detain you for a reasonable time, they cannot force you to answer questions or sign any statements.

Can shoplifting affect my immigration status?

• Yes. A shoplifting conviction can be considered a crime of moral turpitude, which may have immigration consequences for non-citizens. It can lead to visa denial, green card issues, or even deportation in serious cases.

What should I do if I receive a civil demand letter from the store?

• Stores often send letters demanding money for damages after a shoplifting incident. While these letters are not criminal charges, ignoring them could result in a lawsuit. It’s best to consult with an attorney before responding.

Can my shoplifting record be cleared?

• Depending on the circumstances, you may be eligible for record expungement. If you complete probation or a diversion program, you can often request to have your record cleared, helping you move forward without a criminal record.

Wrongfully Accused? Don’t face this alone. Let us help defend your case. Contact us now at (707) 986-4482 to get started.