Petty Theft is commonly known as shoplifting. To be guilty of this offense, the prosecution must prove a taking of property with the intent to permanently deprive the owner of the item. A petty theft can be charged as a felony if a person has a prior theft offense.
Potential Penalties for Shoplifting
• Misdemeanor Jail Time (Up to 6 Months)
• Felony Jail Time (Up to 3 Years in Prison)
• Fines
• Permanent Criminal Record
• Informal/ Formal Probation
Common Defenses for Shoplifting
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Claim of Ownership of Property
• Lack of Intent to Permanently Deprive Owner of Property
• Accident
• Mistake of Fact
• No Taking of Property
• No Movement of Merchandise
Petty Theft Shoplifting San Mateo County Criminal Defense
Tuesday, June 30, 2009
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