San Bernardino Petty Theft/Shoplifting Attorneys

Defending the rights of Californians who are facing criminal charges for petty theft or shoplifting in San Bernardino.

Petty theft and shoplifting are commonly committed crimes in San Bernardino. Because of this, and the fact that no one gets hurt, people often believe petty theft to be a meaningless crime. However, our San Bernardino criminal defense attorneys know all too well that this is not the case. Both petty theft and shoplifting can go on your criminal record and result in monetary fines, probation and jail time.

What is Considered Petty Theft in San Bernardino?

California Penal Code 484 and 488 make it a crime to physically take property that belongs to someone else. The property must be valued at $950 or less. Below are the types of theft can occur in San Bernardino:

• Theft by larceny (PC 484). Taking property that belongs to someone else. An example is taking a person’s wallet that is sitting on a chair. Most petty theft cases are theft by larceny.
• Theft by trick (PC 484). Tricking someone to gain possession of something. For example, you might change the price tag on an item so you pay less. The department store then lets you take possession of the item for a lower cost because of this deceit.
• Theft by embezzlement (PC 503). This “white collar” crime involves taking money that has been entrusted by you. This can include money from friends, family or your employer.
• Theft by false pretense (PC 532). Telling a lie to get someone to give you their property. An example is asking a neighbor to borrow their laptop to get work done, even though you plan on keeping it. The neighbor gives you the laptop based on your false pretense.

What is Shoplifting? How is it Different?

When thinking of petty theft, shoplifting often comes to mind. However, shoplifting is a separate crime under Penal Code 495.5. Under this law, shoplifting refers to stealing merchandise under $950 from an open business.

Shoplifting is a subset of burglary, though you can only be charged with shoplifting and not burglary. This is an important change that was made in 2015. So, if you are charged with shoplifting, your criminal record will say “shoplifting” and not “burglary.” However, you still don’t want a shoplifting charge on your record, as this will make it difficult to get jobs, especially in retail.

Penalties for Petty Theft and Shoplifting in San Bernardino

In San Bernardino, petty theft and shoplifting are both misdemeanors. The penalties for most petty theft and shoplifting convictions include a fine of up to $1,000 and/or up to six months in county jail. However, if you have previous serious convictions on your record, you may be charged with a felony. Generally, these convictions include homicide and certain sex crimes.

Legal Defenses for Petty Theft and Shoplifting

The Law Offices of David S. Chesley are prepared to fight for your rights. Fortunately, there are several legal defenses that our criminal defense attorneys in San Bernardino may use to support your case. Using the proper defense, we can get your charges reduced or dismissed.

Below are some of the most common defenses used in petty theft and shoplifting cases.

• You did not intend to steal the item. If you didn’t intend to steal the item, you cannot be charged with petty theft or shoplifting. Say, for example, that you were grocery shopping and your child grabbed a toy off the shelf and dropped it into your purse. You did not know the item was there, and your intention was not to steal it. Therefore, you are not guilty of shoplifting.
• The item actually belonged to you. Another defense is if the item actually belonged to you, or you had good faith belief that it belonged to you. You cannot steal an item if you thought it was yours. As an example, if you took a necklace from your aunt’s property after she told you she’s leaving it to you, this is not stealing.
• The person you took the item from consented to it. If someone told you that you could take their property, then petty theft did not occur. Sometimes, people think they can change their mind after the fact, but this isn’t how the law works. If the person consented, you are not guilty.
• You were falsely accused. People are arrested every day for crimes they do not commit, including petty theft. Perhaps you were falsely identified, or maybe someone else is blaming you to avoid attention on themselves.

Call for Your Free Consultation

If you are being charged with petty theft or shoplifting, you need a team of San Bernardino criminal defense lawyers on your side. Even though people sometimes consider these crimes to be minor, they can still go on your criminal record and tarnish your reputation.

In today’s fast-paced society, people are constantly distracted. Perhaps your mix-up was an accident or oversight. Our petty theft and shoplifting attorneys will know how to fight your case and get your charges reduced or dismissed. You can then put the past behind you and move forward in your life. For a free consultation, contact The Law Offices of David S. Chesley today.