Shoplifting is typically charged as a misdemeanor, although some states allow for felony charges if the value of the stolen merchandise exceeds a certain threshold. Regardless of whether you have been charged with misdemeanor shoplifting or felony shoplifting, you need to hire a criminal defense lawyer right away. A shoplifting conviction can prevent you from getting a job, renting a home, or volunteering with your favorite non-profit organization. A defense attorney can help you by reviewing the circumstances of your case and building a defense against the charge.
The Entrapment Defense
One possible defense against a shoplifting charge is to prove entrapment, which is when someone tricks another person into committing a crime so that the person who committed the crime can be prosecuted. If a security officer or other store employee convinced you to take merchandise without paying for it, your attorney may be able to use the entrapment defense to help you avoid a conviction. You may also be able to convince the store to drop the charges if you can prove that an employee was involved in the incident.
Challenging Witness Statements
In an increasingly connected society, it is common for stores to capture shoplifting incidents on video, giving the prosecutor plenty of evidence to support a shoplifting charge. Although many stores use video cameras, not all of them do, especially mom-and-pop shops with limited resources. These stores may rely on statements from employees and other witnesses when they call the police on someone suspected of shoplifting. You may be able to defend yourself against a shoplifting charge by calling the accuracy of these statements into question. For example, you may be able to call an employee's statement into question by reminding the jury that an employee has an incentive to lie to avoid losing his or her job.
Accidental Concealment
Every shoplifting case has two key elements. The prosecutor must be able to prove that you intended to conceal the merchandise and that you intended to deprive the store of the merchandise. If you did not intend to conceal the merchandise, your attorney may recommend testifying that the concealment was accidental. That is, you concealed an item, but you did not do so on purpose. An example of accidental concealment is when a small item is hidden by a larger item in your basket and you do not realize it before you leave the store. For example, if a tube of lipstick rolls under an item that has already been scanned, you may not see the lipstick under the other item.
Even if one of these defenses is appropriate for your case, you still need to work with an experienced defense attorney. You may be able to avoid going to court by accepting a plea deal, or the attorney may be able to help you qualify for a diversion program, which is a program that helps first-time offenders avoid a criminal conviction by performing community service, attending counseling, and meeting other requirements. Working with a qualified professional can help you get back on track after a shoplifting charge.
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