Misdemeanor Shoplifting

Question: Misdemeanor Shoplifting: A Common But Complex Crime

What is Misdemeanor Shoplifting?

Shoplifting refers to the act of stealing merchandise from a store without paying for it. It becomes a misdemeanor when the value of the stolen goods is under a certain dollar threshold determined by each state. This threshold can range from $500 to $1000. Anything above that amount is typically charged as felony grand theft.

Some states like California have passed laws to increase the dollar threshold for a misdemeanor charge to try to reduce incarceration rates for low-level crimes[1]. However, retailers have pushed back claiming it leads to increased shoplifting. It’s an ongoing debate with valid arguments on both sides.

Shoplifting does not require the thief to leave the store premises. Concealing merchandise or altering price tags are also considered shoplifting even if the person is caught before exiting.

Common Penalties for Misdemeanor Shoplifting

The penalties for misdemeanor shoplifting vary by state but commonly include:

• Fines up to $1000
• Probation
• Up to 1 year in jail
• Community service
• Restitution to the store
• Shoplifting prevention classes

Much of this depends on the person’s criminal history and the circumstances of the case. First-time offenders may get probation and a fine, while repeat offenders face harsher consequences.

Stores can also pursue civil demands against shoplifters to recover additional damages beyond just the value of the stolen merchandise.

Common Defenses Against Shoplifting Charges

There are several defenses that can be effective in fighting misdemeanor shoplifting charges:

• Wrongful accusation – The person was falsely accused and did not actually steal anything. Mistaken identity is possible.
• Intent – The person did not intentionally conceal merchandise. For example, they simply forgot an item was in their cart or pocket by accident.
• Coercion – Someone else pressured the person into shoplifting through threats or force.
• Necessity – The person stole out of necessity to provide basic needs like food, clothing, or medicine for their family. While not a complete defense, it can garner sympathy from a judge.
• Unlawful search – Evidence was obtained through an illegal search violating the shoplifter’s 4th Amendment rights.
• Discrimination – The retailer unfairly targeted the person due to their race, gender, age, or other protected class status.

Having an experienced criminal defense lawyer argue one of these defenses can result in reduced charges or even dismissal of the case.

The Debate Around Shoplifting Laws

There is an ongoing debate around the best way to handle petty shoplifting crimes. Supporters of decriminalization argue:

• Shoplifting should be a civil matter between the retailer and shoplifter rather than a criminal offense.
• Lower-level shoplifting does not justify expensive incarceration costs.
• Harsher penalties disproportionately impact minorities and the economically disadvantaged.
• Incarceration makes it harder for people to get jobs and become productive members of society.

On the other side, supporters of stricter shoplifting laws argue:

• Shoplifting crimes are out of control and harsher penalties are needed to deter offenders.
• It’s unfair for retailers to bear the costs while thieves face minimal consequences.
• Not prosecuting petty crimes leads to more serious offenses down the road.
• Shoplifting increases prices for law-abiding customers who must absorb the costs of theft.

Most states land somewhere in the middle, treating minor shoplifting as a misdemeanor while reserving felonies for major organized retail theft rings. It’s a balancing act trying to deter crime while avoiding over-incarceration.

The Impact of Shoplifting on Society

Shoplifting has ripple effects that go beyond just the financial loss to retailers. According to the National Association for Shoplifting Prevention, shoplifters steal around $35 million worth of goods each day across the United States[2]. The costs are passed on to consumers through higher prices to the tune of $400 per family per year.

Shoplifting also leads to lost tax revenue for local and state governments. And it can contribute to store closures and job losses when shops can no longer absorb the losses. This decline of retail outlets can lead to urban blight.

On an individual level, a shoplifting conviction makes it much harder for a person to get a job, secure housing, obtain student loans, and more. While misdemeanor convictions are eligible for expungement in many states, it’s a difficult process.

Ultimately, the societal costs of petty shoplifting are massive. Smarter deterrence balanced with rehabilitation programs could potentially reduce these costs for everyone involved.