Petty Theft, Shoplifting and Larceny Charges

Petty Theft, Shoplifting and Larceny Charges – A Helpful Guide

Getting charged with petty theft, shoplifting, or larceny can be really scary. Even if its a first offense, or you took something small, the consequences can be big. This article aims to explain these charges in simple terms, so you understand what’s happening and what to expect. We’ll also share some defense strategies that could help.

What is Petty Theft?

Petty theft, also called petty larceny, is when you take someone else’s property without permission, intending to permanently keep it. The value of the stolen item must be under a certain dollar amount, often $500 or $950, for it to count as petty theft and not regular theft. For example, shoplifting a $30 shirt would likely be petty theft.

What Makes Something Shoplifting?

Shoplifting is a type of petty theft. It means stealing merchandise from a store or shop. For example, putting on clothes in a dressing room and leaving the store without paying is shoplifting. Pocketing a candy bar at a convenience store is also shoplifting. Basically if you take goods from a business without paying, that’s shoplifting.

How are These Crimes Charged?

For any theft charge, the prosecutor has to prove these elements:

• You took someone else’s property
• You didn’t have permission to take it
• You intended to permanently deprive the owner of the property
• The value was under the limit for petty theft in that state (e.g. $500)

If any part can’t be proven, the charge could get dismissed or reduced. A defense attorney will look closely at the law’s definition of theft when building a defense.

What are the Penalties?

Petty theft and shoplifting are usually misdemeanors. Typical penalties can include:

• Up to 1 year in jail
• Fines up to $1000
• Probation
• Community service
• Restitution (paying back the stolen value)

For small, first-time offenses, alternatives like probation are common. But jail time is possible, especially for repeat offenders. The penalties can also increase to felonies for higher value or repeat petty thefts.

What are Some Possible Defenses?

There are a few defenses that could get a petty theft or shoplifting charge dropped or reduced. Some options to discuss with a lawyer include:

• You had permission – For example, your friend who owns the store said you could take the item.
• You intended to pay – You simply forgot to pay or intended to pay later.
• You were falsely accused – You have an alibi proving you couldn’t have committed the theft.
• The value is wrong – The item may be worth less than the petty theft limit in your state.

What About Juveniles?

When a minor is accused of petty theft or shoplifting, their case usually goes through juvenile court. This means they face different penalties like probation, community service, counseling or juvenile detention. An attorney experienced with juvenile charges can help.

State Differences to Know

Petty theft laws vary by state, so it’s important to know your state’s specifics. Here are a few key differences:

• In California, Prop 47 made most thefts under $950 into misdemeanors. Shoplifting laws stayed the same[2].
• In Florida, thefts can become felonies after stealing a total value over 30 days. Taking 20+ items in 5+ instances in 30 days is automatically a felony[5].
• In Texas, shoplifting under $100 may be a petty misdemeanor without jail time for first offenses[6].

Check your state’s laws for the theft dollar limits, shoplifting rules, and penalties where you live.

Getting Legal Help

Even when charges seem minor, the consequences can be severe and long-lasting. Getting experienced legal help can make all the difference. A knowledgeable lawyer will look at the evidence, build defenses that work, negotiate with the prosecutor, and advocate for the best resolution.

Every case is different. But with strong representation, many petty theft and shoplifting charges can be reduced or even dismissed. Don’t go through this alone. Talk to a criminal defense attorney today.