Third Degree Shoplifting

Third Degree Shoplifting: What You Need to Know

Shoplifting can seem like an easy way to get something for free, but it often comes with serious legal consequences. Third degree shoplifting, in particular, is a gross misdemeanor charge that can result in up to a year in jail. As a shoplifting defense attorney, I’ve seen many well-intentioned people get caught up in the legal system over relatively small thefts. My goal with this article is to provide an overview of third degree shoplifting charges so you can avoid common pitfalls.

What Constitutes Third Degree Shoplifting?

Shoplifting laws vary by state, but generally third degree shoplifting involves stealing merchandise valued between $500-750. For example, in Washington State third degree theft is defined as “theft of property or services which does not exceed seven hundred fifty dollars in value”.

The charge applies to more than just slipping a lipstick into your purse at the mall. Prosecutors may also allege third degree shoplifting for:

• Switching price tags on merchandise
• Under-ringing items at checkout
• Transferring goods to another container to avoid detection
• Stealing shopping carts
• Working with others to steal merchandise (organized retail theft)

Because the thresholds for felony charges are so low, prosecutors often bump misdemeanor shoplifting cases up to third degree. For example, concealing even a single inexpensive item in a store can lead to third degree shoplifting charges.

Penalties for Third Degree Shoplifting

A third degree shoplifting conviction can carry severe consequences:

• Up to 1 year in jail: Gross misdemeanors like third degree theft can result in up to 364 days in jail. While judges don’t always impose the maximum, even a few weeks in jail can jeopardize jobs, housing, and family obligations.
• Fines up to $5,000: Courts can impose fines of up to $5,000 for third degree shoplifting in addition to jail time. These fines create financial hardship, especially for low-income defendants.
• Restitution: Those convicted of third degree shoplifting are almost always ordered to pay restitution to reimburse the store for stolen merchandise and cover administrative costs.
• Community service: Shoplifting sentences often include mandatory community service hours – 10 days for a first offense, 15 for a second, and up to 25 days for a third.
• Trespass from the store: Individuals convicted of shoplifting will be formally trespassed from the store location, and possibly all locations of that chain. This can make accessing groceries and other necessities difficult.
• Impact on future opportunities: The stigma of a theft conviction can negatively impact housing, employment, immigration status, loans, and educational opportunities for years to come.

Collateral Consequences

Beyond the direct penalties, a third degree shoplifting conviction can trigger collateral consequences that profoundly impact a person’s life.

• Barred from working with vulnerable groups: Those convicted of theft crimes are often prohibited from working with vulnerable populations like the elderly and disabled, even if the theft was unrelated. This jeopardizes careers for nurses, home health aides, and others.
• Can’t serve as an executor: Theft convictions can prevent people from serving as executors of estates, complicating existing wills and trusts.
• Impeachment in future court cases: Theft crimes are considered crimes of dishonesty. If convicted of third degree shoplifting, that conviction can be used to attack your credibility for at least the next 10 years in any future civil or criminal case.
• Employment consequences: Many employers will terminate workers convicted of theft crimes like shoplifting. Professional licenses can also be revoked, especially in financial and government fields.
• Immigration consequences: Any criminal conviction can negatively impact visa and green card applications. Shoplifting convictions may be considered a crime of moral turpitude, which can initiate deportation proceedings.

Defenses Against Third Degree Shoplifting Charges

If you are facing third degree shoplifting charges, don’t plead guilty without exploring possible defenses. A skilled criminal defense attorney can evaluate the prosecution’s case and identify strategies to get charges reduced or dismissed. Here are some common defenses in shoplifting cases:

• You didn’t intend to steal: If you simply forgot an item was in your cart or purse, you may be able to argue you lacked intent to steal. This is especially compelling when the item is low value.
• False accusations: Store personnel do profiling and make mistakes. If you are wrongfully accused, an attorney can put the store’s flawed evidence under scrutiny.
• Illegal search: Stores must follow proper protocol when detaining and searching shoplifting suspects. Any evidence obtained through illegal search and seizure can be suppressed.
• Mistake of fact: If you mistakenly thought you paid for an item or had permission to take it, you may not have knowingly committed theft.
• Necessity: In rare cases, you may have been compelled to steal essential items to prevent harm to yourself or family. While not a complete defense, it can mitigate penalties.