Earlier this week, Attorney Sam’s Take began a discussion about facing criminal charges for shoplifting. Allegations of shoplifting still confuse some people. They wonder whether it is the type of charge for which the accused is likely to face jail time. Others figure that shoplifting is known to be a crime of desperation and so charges for it are likely to be instantly dismissed.
Well, as you have no doubt learned from this daily criminal law blog, it depends. Every case is different. However, it would be a mistake to assume that a charge of shoplifting is likely to be instantly dismissed because it is a crime of “desperation”.
The old idea of a starving man stealing a loaf of bread to feed his poor family is no longer they typical case of shoplifting. More often, it is the theft of certain clothing, jewelry or electronics. Further, many such cases are not particularly spontaneous. Often, trickery with receipts and returns are involved. They all fall under the same heading of “larceny“. Shoplifting is but a sub-category of such theft crimes.
The criminal statutes involved divide the severity of the crime by how much is stolen. Steal something worth very little and it is hard to imagine your facing jail time. Steal something very valuable, or do it several times, and you may well be facing jail time.
That is not the whole story of what you are facing, however.
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