Shoplifting

The crime of stealing merchandise from a retail store by carrying away, concealing, switching a price tag, or switching containers.

In order to prove that the Defendant is guilty of Shoplifting by Asportation or Shoplifting by Concealing Merchandise, the prosecutor must prove 3 things beyond a reasonable doubt:

1. That the Defendant intentionally took or concealed (on his/her own person or elsewhere under his/her control) retail merchandise.
2. That the merchandise was owned or possessed by someone other than the Defendant.
3. That the Defendant did so with an intent to deprive the merchant of possession or with an intent to convert it to his/her own use without paying full value for it.

In order to prove that the Defendant is guilty of Shoplifting by Switching Price Tag, the prosecutor must prove 4 things beyond a reasonable doubt:

1. That the price of retail merchandise owned or possessed by someone other than the Defendant was contained on a label or price tag.
2. That the Defendant intentionally removed, altered or transferred the label or price tag.
3. That the Defendant attempted to purchase the merchandise at less than the full retail price.
4. That the Defendant did so with the intent of depriving the merchant of all or part of the retail value.

In order to prove that the Defendant is guilty of Shoplifting by Switching Containers, the prosecutor must prove 4 things beyond a reasonable doubt:

1. That retail merchandise was displayed in a container.
2. That the merchandise was owned or possessed by someone other than the Defendant.
3. That the Defendant intentionally transferred the merchandise to another container.
4. That the Defendant did so with an intent to deprive the merchant of the full price.

For shoplifting items under $100, the maximum penalty for a 1st offense is $250; for a 2nd offense, $500; for a 3rd offense, 2 years in a county house of correction (HOC) and/or a fine of $500.

For shoplifting $100 or more, the maximum penalty is 2 ½ years in a county house of correction (HOC) and/or a fine of $1,000.

Defense Strategies for Shoplifting (by Asportation, by Concealing Merchandise, by Switching a Price Tag, or by Switching Containers):

I have represented hundreds of clients charged with shoplifting and have been able to get most of the charges dismissed prior to arraignment, so they never appear on your probation record. This means that there are no immigration consequences and future or current employers will never be aware of it.

Most often the charges can be dismissed at a Clerk’s Hearing (show cause), other times by the District Attorney or police prosecutor in front of a judge. Motions can also be filed to dismiss for failure to provide a Clerk’s Hearing and for lack of probable cause. In other cases, your record can be protected through Pre-Trial Diversion.

My many years of experience means that I come prepared with a variety of motions to dismiss or suppress the evidence, even if you have been arrested. Each case is unique and strategies depend on the specific facts of your case. Once I have an opportunity to read your police report and talk to you, I will give you my honest opinion of your case and what I can do for you. Give me a call today to get your life back on track. Your initial consultation is FREE, with absolutely no obligation.