Juvenile Shoplifting and Theft Laws in Sacramento

Shoplifting and theft by juveniles is unfortunately a common occurrence in Sacramento. While stealing is clearly wrong, the juvenile justice system aims to rehabilitate rather than solely punish youthful offenders. This article provides an overview of juvenile shoplifting and theft laws in Sacramento, potential penalties, and defense strategies for parents and teens facing charges.

Who is Considered a Juvenile in California?

In California, anyone under the age of 18 is legally considered a juvenile. If a minor engages in criminal activity like shoplifting or theft, their case is handled in the juvenile justice system rather than the adult criminal justice system.

The juvenile system focuses more on rehabilitation and providing guidance to help juveniles learn from their mistakes. The goal is to intervene and redirect misguided behaviors into positive development so youth have the opportunity to turn their lives around and avoid future criminal activity.

Differences Between Juvenile and Adult Justice Systems

There are some key differences between the juvenile and adult criminal justice systems in California:

• Rehabilitation vs. Punishment: The juvenile system aims to rehabilitate rather than solely punish. The adult system focuses more on punishment and incarceration.
• Sentencing: Juveniles generally receive less severe sentences focused on rehabilitation. Adults face harsher penalties like lengthy prison sentences.
• Trial Process: Juveniles have bench trials where a judge decides the verdict. Adults have jury trials where guilt is determined by a jury.
• Records: Juvenile records can often be sealed if the offense was minor. Adult records are public and harder to remove.

Potential Penalties for Juvenile Shoplifting

Shoplifting falls under the broader theft laws in California. Theft involves intentionally taking someone else’s property without permission. The penalties depend on:

• Value of items stolen: Petty theft is under $950, grand theft is over $950.
• Prior offenses: Repeat offenders face harsher penalties.

Common penalties can include:

• Fines up to $1000
• Probation
• Community service
• Participation in an anti-theft program
• Counseling
• Detention in a juvenile facility (for serious or repeat offenses)

Rehabilitation and restitution are usually the priorities. Incarceration is rare unless it’s a serious or repeat offense.

Trying Juveniles as Adults for Theft

Minors under 18 cannot be tried as adults for petty theft in California. However, they may be tried as adults for more serious offenses like robbery involving force or violence.

A transfer hearing is required for a juvenile case to be moved to adult court. The prosecution must prove the minor is not fit for rehabilitation in the juvenile system. Factors considered include the severity of the offense, prior delinquent history, age, maturity, and public safety.

Juvenile Record Sealing

Many juvenile offenses like minor shoplifting can be sealed from the minor’s permanent record once they turn 18. Sealing the record allows the offense to be treated as though it never occurred.

To qualify for record sealing in California, the offense must be a misdemeanor or status offense, the minor cannot have been committed to the Division of Juvenile Justice, and there cannot be any pending civil litigation related to the offense.

Defense Strategies for Juvenile Theft Charges

If your child is facing juvenile shoplifting or theft charges, don’t panic. Contact an experienced juvenile crimes defense attorney to protect your child’s rights. Some possible defenses include:

• Mistake of fact: Your child made an honest mistake rather than intentionally stealing.
• Lack of intent: Your child did not enter the store with intent to steal.
• False accusations: The alleged stolen items were not actually taken.
• Entrapment: The minor was encouraged or coerced into the criminal act.
• Unlawful search: Evidence was obtained through an illegal search violating rights.
• Misidentification: Your child was wrongfully identified as the thief.
• Diminished capacity: Your child has a mental defect or disorder affecting judgment.

An attorney can also negotiate with the prosecution for reduced charges or diversion programs to avoid a permanent criminal record. While a juvenile shoplifting charge is scary, proper legal guidance can help ensure your child’s future isn’t defined by youthful mistakes.