Shoplifting Punishments – 5 That Are Typical
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Shoplifting Punishments – 5 That Are Typical
At Spodek Law Group, we understand the stress and anxiety that comes with being accused of shoplifting. As one of the premier criminal defense law firms in the country, we’ve helped countless clients navigate the complex legal system and fight for the best possible outcome in their case. If you’re facing shoplifting charges, it’s important to understand the potential punishments you may be facing.In this article, we’ll discuss the 5 most common punishments for shoplifting:
- Fines
- Placement in a Diversion Program
- Restitution
- Misdemeanor Probation
- Jail Time
We’ll break down each of these punishments and provide insights based on our extensive experience defending clients against shoplifting charges. By the end, you’ll have a clearer understanding of what to expect and how our skilled attorneys can help protect your rights and freedom.
1. Fines
One of the most common punishments for shoplifting is a monetary fine. The amount of the fine can vary significantly depending on the value of the stolen merchandise, your criminal history, and the specific laws in your state or jurisdiction.In many states, the maximum fine for shoplifting is around $1,000 for a first offense. However, if you’re a first-time offender and the value of the stolen goods is relatively low, you may only face a fine of a few hundred dollars. It’s important to note that in addition to the base fine, you’ll likely have to pay court fees, assessments, and surcharges, which can substantially increase the total amount owed.Here’s a hypothetical example to illustrate how fines work in a shoplifting case:
Jane was caught shoplifting $50 worth of cosmetics from a drugstore. As a first-time offender, the judge ordered her to pay a $200 fine, plus $150 in court costs and assessments. In total, Jane owed $350 for her shoplifting offense.
While fines can be a burdensome punishment, they are often preferable to more severe consequences like jail time. Our attorneys can work with you to negotiate a fair fine and potentially have other charges reduced or dismissed.
2. Placement in a Diversion Program
For some first-time shoplifting offenders, the court may offer the option of participating in a diversion program instead of facing traditional punishments. Diversion programs are designed to rehabilitate offenders and prevent future criminal behavior.The specifics of diversion programs vary by jurisdiction, but they typically involve some combination of the following:
- Attending anti-theft classes or workshops
- Performing community service
- Paying restitution to the merchant
- Staying out of trouble for a set period (usually 6-12 months)
If you successfully complete the terms of the diversion program, the shoplifting charges against you may be dismissed, leaving you with a clean criminal record. This can be a great option for many first-time offenders.However, diversion programs aren’t available in all cases. Factors that may disqualify you include:
- Having a prior criminal record
- Shoplifting high-value items
- Resisting arrest or fleeing from the scene
Our skilled defense attorneys can evaluate your case and determine if you’re eligible for a diversion program. We’ll advocate on your behalf to get you placed in a program whenever possible.
3. Restitution
In addition to fines and diversion programs, courts often order shoplifting offenders to pay restitution to the victimized merchant. Restitution is intended to compensate the store for their losses and make them “whole” again.The amount of restitution owed is typically equal to the retail value of the stolen merchandise. So if you shoplifted a $100 jacket, you’d likely have to pay $100 in restitution to the store, on top of any other fines or fees.In some cases, the merchant may also request that you pay for indirect losses related to the shoplifting incident. For example:
- Employee time spent apprehending you and filing a police report
- Damaged or unsellable merchandise
- Higher insurance premiums
Restitution is often non-negotiable, as the court views it as essential to making the victim whole. However, our attorneys can work to ensure that the restitution amount is fair and accurately reflects the store’s actual losses. We may also be able to arrange a payment plan so you can pay the restitution over time instead of all at once.
4. Misdemeanor Probation
For more serious shoplifting cases, or for offenders with a prior criminal record, the punishment may include a period of misdemeanor probation. Probation allows you to stay out of jail, but requires you to comply with certain conditions and restrictions.Common terms of misdemeanor probation for shoplifting include:
- Meeting regularly with a probation officer
- Paying all fines and restitution
- Participating in counseling or anti-theft courses
- Performing community service
- Submitting to random drug tests
- Staying within a designated geographical area
Probation typically lasts 1-2 years for a shoplifting offense. During this time, you’ll need to walk a very straight line, as any violation of your probation terms can land you in jail.At Spodek Law Group, we understand that probation can be stressful and overwhelming. Our attorneys will clearly explain your probation terms and help you stay in compliance. We can also petition the court to modify or end your probation early if you’ve demonstrated good behavior.
5. Jail Time
While uncommon for first-time offenders, jail time is a possibility in some shoplifting cases. You’re more likely to face incarceration if you have a history of theft offenses, or if the stolen merchandise was of very high value.In most states, shoplifting is considered a misdemeanor offense, punishable by up to one year in county jail. However, shoplifting high-value goods (often over $500-$1,000) can be charged as a felony, which carries the potential of a multi-year prison sentence.Here are a few scenarios where jail or prison time may come into play:
Bob was caught shoplifting a $2,000 laptop from an electronics store. Because of the high value of the item, he was charged with felony grand theft. If convicted, he faces 1-3 years in state prison.
Sarah was arrested for shoplifting $100 worth of clothing. While the value was relatively low, she had two prior theft convictions on her record. The judge sentenced her to 60 days in county jail.
Facing jail time for a shoplifting charge is a scary prospect. But with a skilled criminal defense attorney in your corner, you may be able to avoid incarceration altogether. At Spodek Law Group, we’ve successfully kept countless clients out of jail, even in cases where the odds were stacked against them.
Choosing the Right Shoplifting Defense Attorney
As you can see, the punishments for shoplifting can be quite severe. That’s why it’s so important to have an experienced criminal defense attorney fighting for you.At Spodek Law Group, our nationally-recognized attorneys have a track record of success in handling even the toughest shoplifting cases. We’ll work tirelessly to protect your rights, reputation, and freedom.When you choose us to handle your shoplifting case, you can expect:
- A comprehensive review of the evidence and charges against you
- A customized defense strategy tailored to the unique facts of your case
- Aggressive negotiation with prosecutors to have your charges reduced or dismissed
- Skilled courtroom representation if your case goes to trial
- Clear communication and frequent updates on the status of your case
Don’t let a shoplifting charge derail your life. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free consultation. Let us put our experience and expertise to work for you.