PENAL CODE 459.5 SHOPLIFTING DEFENSE IN LOS ANGELES

California’s Penal Code 459.5 defines shoplifting as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. Unlike burglary, which can involve entering any structure with the intent to commit theft or another crime, shoplifting specifically applies to retail theft in open businesses. Notably, the prosecution does not need to prove that the suspect left the store with stolen items; intent alone is enough for charges.

While both shoplifting and burglary involve theft, they are distinct crimes. Burglary, under Penal Code 459, is often charged when an individual enters a structure intending to commit theft or a felony, regardless of the time of day. Shoplifting, by contrast, is limited to retail settings during regular business hours and involves lower-value property. This distinction matters because shoplifting is usually treated as a misdemeanor, whereas burglary can lead to harsher penalties, including felony charges.

To secure a shoplifting conviction under Penal Code 459.5, prosecutors must prove three key elements:

1. The accused entered a commercial establishment.
2. The entry occurred during normal business hours.
3. The intent to steal property worth $950 or less was present at the time of entry.

Shoplifting is generally charged as a misdemeanor in California, carrying penalties of up to six months in county jail and/or a fine of up to $1,000. However, individuals with prior convictions for serious felonies, such as murder or certain sex offenses, may face felony shoplifting charges. Felony penalties can include up to three years in jail and fines up to $10,000.

Judges often impose additional consequences beyond jail time or fines. These may include:

1. Summary probation for up to two years.
2. Restitution payments to reimburse the business for losses or damages.
3. Community service or participation in diversion programs, such as anti-theft classes.

A shoplifting conviction under Penal Code 459.5 can have lasting consequences, such as difficulty securing employment or housing. While a misdemeanor conviction may be expunged after completing probation or jail time, it remains visible during background checks until then, potentially affecting job opportunities.

One of the most effective defenses is proving a lack of intent. For instance, if the accused inadvertently left a store without paying for an item or decided to take something after entering the establishment, this undermines the required intent at entry.

Shoplifting cases often rely on surveillance footage or eyewitness accounts, which are not always accurate. Misidentifications by store personnel or video footage that does not clearly show the accused committing the crime can lead to wrongful accusations.

Prosecutors must prove every element of shoplifting beyond a reasonable doubt. A skilled defense attorney can challenge weak or inconclusive evidence, such as grainy video footage or conflicting witness testimonies.

If you’re accused of shoplifting, your first step should be to contact a criminal defense attorney with experience handling Penal Code 459.5 cases. DCD LAW can evaluate the evidence against you, identify weaknesses in the prosecution’s case, and develop a strong defense strategy.

Collect any evidence that supports your case, such as receipts, timestamps, or statements from witnesses who can corroborate your account. This can be crucial in disproving the prosecution’s claims.

Anything you say to law enforcement can be used against you in court. It’s best to exercise your right to remain silent and consult your attorney before making any statements.

Facing shoplifting charges under Penal Code 459.5 can be overwhelming, but you don’t have to navigate the legal system alone. At DCD LAW, we specialize in defending individuals accused of shoplifting and other theft-related offenses. Our team has a proven track record of achieving favorable outcomes, including charge reductions and dismissals, for clients across Los Angeles.