Shoplifting Defense
Criminal Defence
Shoplifting Defense Attorney
We are experienced criminal defense attorneys representing clients charged with misdemeanor offenses such as theft and shoplifting. Theft can be classified as either a felony or a misdemeanor, typically depending on the value of the stolen items, though there are important exceptions.
For instance, under Arizona law, theft of property valued at less than one thousand dollars is usually considered a misdemeanor. However, exceptions include the theft of firearms, vehicle engines, or transmissions—these are always treated as felony offenses, regardless of their value.
Why Hire a Shoplifting Defense Attorney?
Hiring an experienced criminal defense lawyer for misdemeanor offenses like theft and shoplifting is crucial for several reasons:
To protect the innocent
To safeguard essential rights
To ensure that the punishment is appropriate and proportionate to the offense
Shoplifting is one of the most common types of misdemeanor theft. However, repeat offenders—those with two prior convictions in the past five years—can be charged with a felony, regardless of the value of the stolen items. Additionally, using a container or device (like a purse or diaper bag) to facilitate shoplifting can elevate a misdemeanor to a felony.
Many retail stores now employ full-time loss prevention staff whose primary job is to detect and detain shoplifters. Legally, a store has the right to question anyone suspected of shoplifting. However, it’s important to note that a conversation with a store employee is not the same as a custodial interrogation by a police officer. When a police officer restricts your freedom to leave, constitutional protections apply, which does not happen in a conversation with a non-government store employee. As a result, suppressing voluntary statements made to a store employee can be very difficult.
Aside from criminal penalties, a retailer who detains a shoplifter may also pursue two civil actions:
Banning the shoplifter from the store and threatening arrest for trespassing if they return within a set period.
Imposing a civil penalty of $250, plus the value of the stolen item.
TIP: If you’re facing criminal charges, it’s essential to have an experienced Arizona criminal defense lawyer present before speaking with the police.
