Shoplifting

Orange County Criminal Defense Attorney | Shoplifting Attorney

Generally perceived as a minor offense, shoplifting can actually be classified as a felony under certain circumstances. Depending on the value of the stolen goods and the prior criminal record of the defendant, a shoplifting conviction can carry a penalty of up to 3 years in state prison. If you've been arrested on shoplifting charges, Orange County criminal defense attorney Barney B. Gibbs can ensure that you receive the best possible defense for your case.

Shoplifting Offenses

The crime of shoplifting is defined as the theft of merchandise from a store or business establishment. However, taking merchandise out of a store without paying for it is not the only criminal act included under California State shoplifting laws. The following types of shoplifting are considered equally serious under the law:

• Switching original price tags for less expensive price tags
• Changing labels on merchandise
• Wearing articles of clothing and concealing the tags
• Leaving a bar, restaurant, or other establishment without paying the bill
• Eating food in a store and hiding or discarding the wrappers

If you are arrested for any of the above and the value of the stolen goods is less than $950, you may be charged with petty theft; if it is more than $950, you may be charged with grand theft. In either case you will need an experienced shoplifting attorney to represent you at arraignment.

Enlisting the Help of an Orange County Criminal Defense Attorney

If you have been arrested for petty theft or grand theft in Orange County, you will need the help of a criminal defense attorney who is knowledgeable about the complexities of California shoplifting laws. In California, for example, a shoplifting charge for merchandise worth less than $950 may not automatically be classified as a misdemeanor. If it is your second, third, or fourth arrest, you could be charged with a felony. Orange County criminal defense attorney Barney B. Gibbs has the experience necessary to fight for a reduction or dismissal of your charges, and to ensure that you are not automatically given the severest form of punishment if convicted.

Proving Charges of Shoplifting in California

Although it is not difficult to catch a person in the act of shoplifting, proving the charge is a bit more difficult. For example, any of the following can be used as evidence to bring shoplifting charges against you:

• Video footage from a store security camera
• Any statements you make while under arrest
• Statements by security staff
• Testimony from witnesses

On the other hand, in order to prove your guilt beyond a reasonable doubt, the prosecutor usually proves the following:

• That a witness saw you approaching the merchandise
• That you took possession of the merchandise
• That you hid, walked away with, or changed the merchandise
• That the merchant or witness continuously observed you during this process
• That you did not pay for the merchandise
• That the merchant (or authorized security staff) approached you outside of the store

If all of the above evidence is not available, Attorney Gibbs will usually be able to get your charges dismissed. If you have been arrested for shoplifting in California, contact Orange County criminal defense attorney Barney B. Gibbs today.