California Shoplifting Laws – Penal Code 459.5 PC

Shoplifting

The laws surrounding shoplifting have evolved over time, and the offense can carry different penalties depending on the circumstances. If you’ve been accused of shoplifting, you should know the law on shoplifting in California, what consequences it carries, and what defenses your legal team might use to fight the charges.

Why You Need a Criminal Defense Lawyer After a Shoplifting Charge

Shoplifting charges may seem minor, but they can have long-term and far-reaching implications from the moment they’re filed. Your employment, housing opportunities, and public standing are at stake. Convictions for shoplifting will also appear permanently on your criminal record.

Fortunately, a conviction is not a foregone conclusion. The legal team at the Law Offices of Justin E. Sterling offers more than two decades of criminal defense experience, longstanding relationships with area courts, and a team of in-house investigators. We can help you by:

  • Evaluating the evidence for and against you
  • Building a tailored defense strategy
  • Negotiating for reduced charges or penalties as appropriate
  • Faithfully representing you at trial
  • Protecting your rights after legal proceedings conclude

We’ve successfully defended many ordinary people who’ve found themselves facing theft charges, including a San Fernando Valley-area contractor who was accused of stealing thousands of dollars of products from a hardware store. In that case, we proved that a security guard had lied about the matter for their own personal gain.

Here’s what another client had to say about her experience working with us:

“Justin is an incredibly compassionate person and a talented and dedicated defense attorney. He goes above and beyond the call of duty for his clients. Cannot recommend him highly enough. Thank you for all that you do, Justin.” – Jessica Malzman

What is Shoplifting Under California Penal Code 459.5?

So, what are the shoplifting laws in California? Under California Penal Code 459.5 PC, shoplifting occurs when someone steals or attempts to steal $950 or less of merchandise from a store during regular business hours.

Intent especially matters when it comes to shoplifting. Prosecutors do not have to prove that the defendant ultimately took items from store property. That means someone can still face shoplifting charges even if they get caught in the act.

Voters approved the creation of California’s shoplifting statute in 2014 as part of Proposition 47. Previously, those charged with shoplifting faced burglary charges and the prospect of severe felony penalties.

What Are the Elements of Shoplifting?

Prosecutors must prove three facts, or elements, to secure a shoplifting conviction against a defendant. They include the following:

  • Entry – The defendant entered a commercial establishment open to the public.
  • Normal Hours – The act occurred during the store’s normal business hours.
  • Intent to Commit Theft – The defendant entered the store intending to steal $950 or less of merchandise.

If there’s insufficient evidence to support even one of these elements, it can help your defense and provide an opportunity for your criminal defense lawyer to fight for acquittal or dismissal of the charges.

Is Shoplifting a Misdemeanor or Felony?

California law generally classifies shoplifting as a misdemeanor. However, there are a few exceptions based on the defendant’s criminal history.

Voters approved Proposition 36 in November 2024. Under its terms, shoplifting can become a felony if the defendant has two previous convictions, whether for shoplifting or these other theft-related offenses:

  • Petty theft
  • Robbery
  • Carjacking
  • Burglary

With California’s three-strikes law, felony penalties can also apply if a defendant has previous convictions for any of the following crimes:

  • Offenses requiring you to register as a sex offender
  • Sexual offenses involving violence or threats
  • Sexual offenses against a minor under age 14
  • Murder, attempted murder, or solicitation to commit murder
  • Possession of a weapon of mass destruction
  • Serious or violent felonies punishable by death or life in prison

Legal Penalties for Shoplifting in California

Since shoplifting can be either a misdemeanor or a felony, the penalties it carries will differ.

These are the possible penalties for misdemeanor shoplifting:

  • Up to six months in a county jail (not a state prison)
  • No more than $1,000 in fines
  • Up to two years of probation

Felony shoplifting under Proposition 36 can carry these more severe penalties:

  • 16 to 36 months in a county jail 
  • No more than $10,000 in fines

If you’re a first-time offender, you may be eligible for diversion programs that can help you avoid a conviction. These programs may involve court-ordered educational courses, community service time, and restitution paid to the store. Even if the prosecution objects to diversion, a judge can offer it to a defendant within the terms of the law.

Defenses to Shoplifting Charges

Depending on the specifics of your case, your lawyer can use a variety of different strategies to challenge the shoplifting charges. These are some of the common defenses that may apply to a shoplifting charge:

  • Mistake of Fact – This defense may apply if you accidentally forgot to pay when you left the store or thought you had already paid.
  • Civil Compromise Made with the Store – You voluntarily agreed to pay the store back for its losses, and they agreed not to press charges in return.
  • Insufficient Evidence – Security camera footage isn’t always clear, which can lead to faulty conclusions about intent or even mistaken identity. Witnesses and store clerks may also have misjudged your intent based on what they saw.
  • Procedural Issues – Even if the prosecution’s case seems airtight, your attorney will still evaluate it for possible procedural issues such as mishandled evidence, improper witness identification, or an improper arrest.
  • Criminal Statute of Limitations – California sets a one-year statutory deadline for prosecutors to file misdemeanor shoplifting charges. The filing period begins on the date of the alleged offense, and a judge will dismiss charges filed after the period ends.

Contact a Los Angeles Shoplifting Attorney Today

If you’re facing shoplifting charges in California, Los Angeles criminal defense attorney Justin E. Sterling is ready to evaluate your case.

Over the past few decades, Mr. Sterling has represented clients in both federal and state courts using his aggressive, detailed approach and in-house investigation team. Because he limits his caseload, he can offer personalized service and easy access to answer your questions. He also maintains offices in a variety of convenient locations, including Encino, Beverly Hills, Van Nuys, Pasadena, Burbank, and Central Los Angeles.

With any criminal case, your livelihood, reputation, and freedom are at risk. You have better odds of a fair outcome the sooner you hire an attorney. Contact The Law Offices of Justin E. Sterling today for a free consultation and learn how the law in California for shoplifting may — or may not — apply to your case.