Defenses to Shoplifting Charges

Shoplifting, known as “retail theft” under Utah statutes, is defined generally as taking an item without paying for it or intentionally paying less than the retail price. When confronted with shoplifting charges, many people believe the prosecutor has all the evidence they need and that the case will be “open and shut.”

But a key element of a shoplifting case that is often overlooked is intent. To convict someone of shoplifting, the prosecutor must prove the defendant intended to steal or pay less than the proper amount for the item. Challenging or negating the intent element of shoplifting charges can result in a significant reduction to the penalties you could face for a shoplifting charge, or dismissal of the case altogether.

Examples of Shoplifting

Shoplifting can occur in many different ways, and retail stores have developed various methods to try to detect shoplifting. Common examples of activities that can lead to shoplifting charges include:

• Modifying or switching price tags
• Placing a higher-priced item in the box of a lower-priced item
• Eating food in the store and not paying for it at checkout
• Refund fraud (trying to return stolen items for cash or gift cards)
• Using an illegal form of payment

To combat retail theft, many stores use cameras to record shoppers’ movements within the store. Others use undercover security agents disguised as regular shoppers but are monitoring the store for theft. Stores with self-checkout lanes often use video cameras to record shoppers and ensure they scan and pay for every item.

Penalties for a Shoplifting Charge

The fines and penalties for a shoplifting charge vary depending on the value of the items that were allegedly stolen and the defendant’s record of prior convictions.

A first offense of shoplifting an item valued at less than $500 is a class B misdemeanor, punishable by up to 180 days in jail.

If the item was valued at up to $1,500, retail theft is charged as a class A misdemeanor, punishable by up to one year in jail.

In cases involving theft of items valued at more than $5,000, shoplifting is a felony, punishable by more than a year in prison.

Retail theft is an enhanceable offense, meaning that if a defendant has two shoplifting convictions in the prior ten years, the third offense will be charged as a felony, regardless of the value of the items involved.

Shoplifting Charge Defense

At first, it may seem difficult to defend against shoplifting charges. You may have had the merchandise on your person at the time of the arrest, the police may claim they have video of you stealing items from a store, or you may have been accused of trying to return stolen items for gift cards at another store.

But remember — an experienced criminal defense lawyer can defend you against any allegation in court, and you are presumed innocent until proven guilty beyond a reasonable doubt. Here are some of the most common defenses to shoplifting charges. Your lawyer can evaluate your situation to determine which defense(s) will be most effective in your case.

No Intent to Steal

To prove a case of retail theft, the prosecutor must prove the defendant intended to steal or pay less than the proper amount for an item. A viable defense to shoplifting charges is to claim you did not intend to steal the item or that the theft was accidental. For example, consider someone who placed a bag of cat litter in the bottom of their cart but forgot to place it on the conveyor belt at checkout or someone who purchased an item without knowing it had an incorrect price tag. These people should not be convicted of shoplifting because they did not intend to steal the merchandise.

The Item Was Concealed by Accident

Many shoplifting charges arise when a defendant is accused of concealing merchandise inside a store, such as items that accidentally fall into a shopping bag or are absent-mindedly placed into a pocket. Again, if you leaked the intent to commit the crime, you should not be convicted on shoplifting charges.

Faulty Self-Checkout Machines

Many retailers use self-checkout machines. But when a customer makes an honest mistake, or there is an error with the machine, a store may choose to contact the police, and the customer could face a shoplifting charge.

There are countless reasons a mistake can occur in the self-checkout lane. If you are facing shoplifting charges because of a mistake or a faulty self-checkout machine, lack of intent is often a defense.

Douglas D. Terry & Associates: Experienced, Aggressive Criminal Defense Lawyers Serving Southern Utah

All too often, people facing shoplifting charges just plead guilty. But this decision can prove costly, as a conviction for retail theft can result in significant fines and penalties. A shoplifting conviction will appear on a background check and could lead an employer not to hire someone.

If you are facing shoplifting charges in Utah, our experienced criminal defense lawyers can help. Douglas D. Terry & Associates has been defending people accused of crimes in Utah for more than 40 years. With offices in St. George and Cedar City, we proudly represent people facing shoplifting charges and other crimes throughout southern Utah. To learn more, contact us today by calling (435) 628-4411, emailing email@SouthernUtahDefense.com, or completing our online form.