Shoplifting Resulting in Robbery Charges

Shoplifting is often seen as a petty crime – just slipping something in your pocket or bag at the store without paying. But in some cases, an attempted shoplifting can escalate into a much more serious charge like robbery. This usually happens when the shoplifter gets confronted or tries to flee, and ends up using force or threatening employees. The penalties for robbery are a lot harsher than for shoplifting. So how does this happen, and what should you do if you or a loved one gets charged with robbery over a shoplifting incident?

Let’s break it down. Shoplifting is pretty straightforward – it just means taking merchandise from a store without paying. Robbery, on the other hand, involves using force or threats while committing a theft. So if a shoplifter gets caught and shoves a security guard out of the way to escape, that can turn into a robbery charge.

Seems crazy right? You try to steal a shirt and suddenly you’re looking at years in prison instead of a slap on the wrist. But it happens more often than you’d think. Stores take shoplifting really seriously, and many have zero tolerance policies when it comes to use of force. So even a small shove can land you a robbery charge.

The problem is, when you get caught shoplifting your adrenaline spikes. You panic and just react. Even if you didn’t intend to hurt anyone, you may instinctively push past or take a swing at whoever confronts you. I’m not saying it’s okay, just that it’s an understandable human reaction when you feel cornered. But that split second reaction can ruin your life.

So what exactly constitutes robbery in a shoplifting case? Legally, robbery involves using force or threatening to use force while committing theft. Some examples:

• Shoving past a security guard or employee who tries to detain you
• Making verbal threats like “get out of my way or else”
• Hitting or kicking someone who confronts you

Pretty much any use of force, even minimal, can lead to a robbery charge. And claiming it was an accident or reflex may not get you very far. That’s why it’s so important to get legal help if this happens. An experienced criminal defense lawyer may be able to argue it down to a lesser charge like shoplifting or petty theft.

But without a good lawyer, you could be looking at some heavy consequences:

• Up to 20 years in prison
• Thousands in fines
• Permanent criminal record

That’s the worst case scenario. But even the minimum penalties for robbery are harsh:

• 1-3 years prison
• Up to $10,000 in fines

And it only takes a split second reaction to end up facing these. That’s why prevention is so important…

Here are some tips to avoid turning shoplifting into robbery:

• Remain calm if confronted – don’t react physically at all. Just comply peacefully.
• Don’t make threats or aggressive gestures to security guards or staff.
• Don’t try to pull away or flee if detained. That can also count as use of force.
• Don’t carry weapons or anything that could be seen as a weapon. Even pepper spray could lead to additional charges.
• If stopped on your way out, don’t resist. Just return the merchandise and leave cooperatively.
• If guards get physical, don’t fight back. That will only make things worse.
• Don’t admit guilt or sign any statements without a lawyer present.
• Be polite and compliant, even if guards are rude or aggressive. Don’t give them any excuse to escalate things.

Following these tips can help de-escalate the situation and avoid serious charges. But realistically, when your adrenaline is pumping, it’s hard to stay totally calm. So if things do get out of hand, or you’re accused unfairly, call a lawyer immediately.

A skilled criminal defense attorney can be your best asset in this situation. Here’s how they can help:

• Advise you on your rights and legal options
• Negotiate with the prosecutor to reduce or drop charges
• Argue it was self-defense if guards got physical first
• Point out flaws in the prosecution’s case
• Work out a plea deal to lesser charges like petty theft
• Take your case to trial for dismissal if you were wrongly accused

Having an attorney in your corner makes a huge difference. Public defenders are overloaded with cases, so they rarely have time to provide an aggressive defense. But a private lawyer focuses 100% on you and your case.

Don’t wait to call them either. You need to get legal advice before your arraignment or police questioning. Anything you say can be used against you, so don’t admit to anything without talking to a lawyer first.

Waiting to call could really hurt your defense down the road. And if you can’t afford an attorney, many offer payment plans or take cases pro bono depending on circumstances.

So if you or a loved one gets charged with robbery over shoplifting, stay calm but take action quickly. Compliance and legal help are your best defenses. With an experienced lawyer negotiating for you, there’s a good chance of getting the charges reduced or dismissed.

It may seem hopeless when you’re sitting in that police station. But you have rights and options, so don’t lose hope. With strategic legal guidance, you can move past this difficult situation. We’re always happy to help assess your case and discuss the best defense approach. Just reach out for a free consultation, and we’ll take it from there.