California Street Sign Mocks Retail Theft Law

 Posted on July 26, 2024 in Criminal Defense

Despite the recent appearance of a street sign in California mocking the state’s retail theft laws, being charged with this offense is no joke. The sign appeared in late June outside a Louis Vuitton store in downtown San Francisco, reading "NOTICE: Stolen goods must remain under $950." The sign refers to Proposition 47, which California voters approved in 2014, which made any retail theft under $950 a misdemeanor offense. Some other criminal offenses were also downgraded to misdemeanors under Proposition 47, including bad check writing, petty theft with priors, certain forgeries, commercial burglaries, and possession of stolen property (so long as they were under the $950 threshold).

The law also changed some simple drug possessions into misdemeanors and provided that past convictions for these charges could be reduced to a misdemeanor by a court. Critics of the law say it has contributed to a surge in smash-and-grab robberies across the state. Some of Proposition 47’s provisions will be on the ballot in November in an attempt to roll them back. If you have been charged with a theft crime, it is essential that you speak to a San Jose theft lawyer who can build a solid defense on your behalf.

Retail Theft Crimes in California Down from Pre-Pandemic

Shoplifting, or retail theft, is a misdemeanor in the state when the value of the goods taken is $950 or less. Retail theft that exceeds $950 can be charged as a misdemeanor or a felony. Despite detractors, California’s theft laws are tougher than those in most other states. Further, shoplifting crimes remain well below pre-pandemic rates. In 2022, the shoplifting crime rate was down by 17 percent from 2014—the year Proposition 47 went into effect. This would seem to indicate that the law is not responsible for an increase in retail theft—because there is no increase.   

What is Retail Theft in California?

California Penal Code Section 459.5(a) details the state’s shoplifting laws. Shoplifting or retail theft is entering an open business during normal business hours with the intent to steal merchandise valued below $950. This offense is a misdemeanor, punishable by up to six months in county jail and a fine as large as $1,000—unless the defendant has priors. A person accused of shoplifting does not even have to make it out of the store with the merchandise to be found guilty of the crime.

The prosecutor must prove there was intent to steal the merchandise—which could also be the defendant’s best defense. How does the prosecutor know that a person intended to steal something when they entered the store? The actions of the defendant while in the store must make it appear as though the defendant intended to steal something, but this may be easier to disprove than to prove.  

Defenses to Retail Theft

Aside from showing the defendant had no intent to steal once inside the store, other defenses may be applicable, depending on the facts and circumstances surrounding the alleged offense. The "mistake" defense argues that the defendant forgot to pay for an item or had every intention of paying for the item but forgot they had it in their hand.

In this case, there is no criminal intent, therefore, no crime. One other potential defense could be mistaken identity. If you were arrested outside the store without the merchandise, yet identified by store employees, they could have mistakenly identified you rather than the actual person who committed the offense.

If the defendant did commit retail theft, another possibility is a diversion program. An experienced attorney could potentially enroll a first-time offender in a diversion program that includes restitution and community service. When the conditions are successfully completed, the case is dismissed.

Contact a Santa Clara County, CA Theft Attorney

Being charged with shoplifting, retail theft, or any other type of theft can be a frightening experience. It is essential that you speak to a knowledgeable Palo Alto, CA theft attorney who will work hard on your behalf for the best outcome possible. When you choose an attorney from Fuller Law Firm, you are getting a skilled legal professional who believes every client deserves someone to give them a voice in our complex judicial system. Having someone who believes in you and who will help you get your life back on track can make all the difference. Contact Fuller Law Firm at 408-234-7563 today to schedule a free consultation.