Shoplifting often increases around the holidays as people feel pressure to provide gifts or tempted by all the merchandise. And in some cases, overzealous store employees or security guards may be on increased lookout for shoplifters this time of year and mistake an innocent action for theft. If you’ve been accused of shoplifting, a Scottsdale theft attorney at Lerner & Rowe Law Group can help defend you and ensure that your rights and interests are protected.
Proof for a Business
In Arizona, a business must prove that you knowingly took goods that were for sale under one of the following circumstances, you:
- Removed the merchandise without paying for it.
- Charged the price of the merchandise to someone else without permission or to a non-existent person.
- Altered, removed, or switched price tags so you could pay less for the merchandise.
- Transferred the merchandise from one container to another.
- Concealed the merchandise.
Possible consequences to a shoplifting charge
If you’re found guilty of shoplifting merchandise that’s valued at less than $1,000 (unless it’s a firearm), it qualifies as a misdemeanor. You could receive anywhere from days to six months in jail, paying a fine of up to $2,500 plus a surcharge or probation for up to three years.
If the merchandise was valued between $1,000 and $2,000, the shoplifting is considered a felony. For the first offense, you could receive probation with no jail time up to a year in jail, or prison time ranging from four months to two years.
Prison time can increase up to two-and-a-half years if the merchandise values for over $2,000.
For juveniles, parents could have to pay fines of up to $2,500 if the merchandise values for less than $1,000. They’ll also have to pay an additional $100 fine and the youth could serve in a juvenile detention center for up to a year.
Defenses in a Shoplifting Case
We know how to help you every step of the way. Depending on the facts of the case, a Scottsdale criminal defense attorney can use one or more of the following defenses:
An innocent mistake.
Almost everyone has accidentally walked out of a store with unpaid merchandise. Distractions and simple mistakes happen, without any intent whatsoever to steal. In a case where you’re accused of switching a price tag, another person could have switched it and you simply thought you were getting a good deal.
Violated rights.
The actions of store personnel and police have to be legal. You may have been browbeaten by a store security officer, or your bag may have been illegally searched. The police officer also may have failed to read you your Miranda rights.
Inflated pricing.
If you did make a mistake and shoplifted, the value of the merchandise can affect the penalties. Sometimes, the store inflates the value of the merchandise, erroneously making your charge a felony rather than a misdemeanor.
Getting help from a Scottsdale theft attorney
It’s important to seek the advice of a Scottsdale criminal defense theft attorney if you’ve been accused of shoplifting. This charge can have a serious impact on your life and it’s important to have proper representation.
If you’ve been charged with shoplifting, contact an experienced Scottsdale theft lawyer at Lerner & Rowe Law Group for a free consultation. Our criminal defense attorneys are available 24/7 to take your call at 602-667-7777. We offer affordable payment plans and will vigorously represent you to ensure the best possible outcome. So, don’t wait and contact us today.