How Can Simple Shoplifting Become a Felony?

Most people do not understand the legal ramifications of a felony. Sometimes a simple misdemeanor can result in serious legal battles. An experienced defense lawyer should be your first port of call if you are involved in criminal charges.
Shoplifting is a relatively common occurrence, with some statistics indicating 1 out of every 10 individuals will commit such an offense at some point in their lives. However, that does not make it any less illegal. Lawyers should know the scope of such petty crimes in their jurisdictions and beyond. In this case, the term “petty” is relative; a small but costly item, for example, could carry a stiff penalty or fine. Individuals with a criminal history will also likely attract severe punishments or financial penalties.
Shoplifting is when an individual steals merchandise from a shop under the guise of being a potential customer. A shoplifting charge considers the perpetrator’s intent and mindset; if the perpetrator willfully decides to possess a particular commodity of an enterprise, then shoplifting is said to have taken place. The Hogle Law Firm in Mesa understands the legal aspects of all such charges. We advise our clients about all the possible legal outcomes should they land in such problems.
Other less common scenarios like the price tags of items and attempting to undo anti-theft devices can qualify as shoplifting in some jurisdictions.
In general, small and more expensive items make ideal targets for shoplifters. Such items can include:
i)Small electronic gadgets like smartphones or laptops
ii) beverages
iii) food items like chocolate bars
iv) Drugs like painkiller tablets
v) Articles of clothing like hats
It is common for perpetrators of these acts to work in pairs or groups; one individual acts as a decoy to divert attention from the actual act of shoplifting while a confederate commits the actual act of stealing.
Depending on the jurisdiction, a shoplifting charge can be labeled a felony theft or misdemeanor theft, both terms collectively classified as larceny-theft.
Some states create a clear distinction between general theft and shoplifting. This provision is intended for simplicity during the appropriation of punishment.
Still, some jurisdictions treat shoplifting as an infraction. An infraction refers to a contravention of any statute’s legal obligation. This means that shoplifting is considered a less serious crime that can only warrant a fine.
Typically, the dollar amounts of the items stolen determine the extent of punishment.
In some jurisdictions, items worth $500 or less will carry a simple misdemeanor theft charge. Such a charge could only entail a fine with no jail time. However, a low-level theft charge (larceny) could include up to a year of jail time.
A general trend is the gravity of shoplifting increases with the valuation of the stolen merchandise. This trend also correlates with the degree of punishments meted out.

Theft Sprees And Retail Rings

Coordinated instances of retail theft have become common. This is when shoplifters carry out highly detailed acts of theft from retail stores and other medium-sized business establishments.
A shoplifting charge goes from simple misdemeanor theft to felony theft if evidence proves that the perpetrator is part of such a criminal group. Such scenarios are termed “organized retail thefts.”
A perpetrator with a history of taking part and organizing such heists, for example, will likely receive stiffer punishments than a first-time shoplifter.

Civil Liability For Shoplifting

Much like in accident cases, shoplifting has a civil claim element to it. This means that perpetrators of shoplifting can be held liable for damages and financial costs resulting from their shoplifting act.
Most jurisdictions, for example, apportion the blame of shoplifting involving minors to legal guardians or parents. A legal guardian will be required to make restitution to store owners or anyone that suffers financial loss due to shoplifting perpetrated by the legal guardian’s child.
Some jurisdictions require evidence to suggest that a legal guardian was complicit or had knowledge of their child’s shoplifting propensities before ordering such guardians to pay fines and damages. Other jurisdictions lower the number of financial damages that a parent or legal guardian must pay in restitution, while others may absolve foster parents of such a financial burden.

Civil vs Criminal Court Proceedings

In shoplifting cases, just like most others, the prosecution brings criminal charges against the shoplifter. Such legal proceedings intend to punish the defendant (i.e., shoplifter). Such punishments can range from fines to imprisonment. In such cases, a shoplifter is allowed to have legal representation in the form of a court-appointed lawyer or public defender, assuming the shoplifter cannot afford legal representation.
Civil suit proceedings against a shoplifter, on the other hand, mean that legal representation by a public defender or court-appointed attorney is not a privilege. In this case, the shoplifter must foot his legal bills independently.
Before initiating a civil claim against a shoplifter, the aggrieved party must demand payment in writing. Such an aggrieved party could be the store owner whose establishment was stolen from. Such an aggrieved party can only file a civil lawsuit in court if the request for compensation goes unmet. In most states, a civil claim action against a shoplifter can proceed irrespective of whether the prosecutor files criminal charges.
While variations exist in the different legal jurisdictions, a shoplifter is usually required to settle any costs associated with the theft of the stolen item. Assuming such a stolen item is recovered but not in a salable condition, the shoplifter must pay its full original cost to the store owner.
An aggrieved store owner is also eligible for any other monetary compensation that may result from the theft of his merchandise. The mentioned reimbursements do not include the court costs associated with initiating the civil claims proceedings. A court usually orders the shoplifter to make reasonable attorney fees reimbursement to the store owner.

Consult Our Lawyers

Having a criminal record, even a minor infraction, can have serious long-term consequences. Many employers conduct background checks which can easily turn up any run-ins with the law. Landlords may be reluctant to offer housing to individuals with a criminal record, regardless of the circumstances.
Talk to our lawyers today about any queries you may have about shoplifting misdemeanors at https://arizonacriminalattorney.co/mesa/

The Hogle Law Firm in Mesa
1013 S Stapley Dr
Mesa AZ 85204
(480) 999-5334