Lexington Shoplifting Lawyer

In South Carolina, shoplifting is where a person is in a store and they take possession of an item in one area of a store, then move it to another part, or they conceal that item with the intent to deprive the merchant, the retail establishment, of that item for the possession, use or the benefit of that merchandise without paying the value. Those four elements and the definition can be found in South Carolina Code, Section 16-13-110. The duty of a Lexington shoplifting lawyer is to disprove those elements, in an effort to defend those who have been charged. If you have been charged with a shoplifting offense, seek the services of a proactive shoplifting attorney that could build your defense and advocate for you.

Elements of Shoplifting

A person is guilty of shoplifting if they take possession of or they carry away either themselves to another person or from one part of the store to another in the establishment with the intent to deprive the merchant, the retail store, of use or possession of that item of merchandise without paying the full retail value, whether it is changing the stickers, or whether it is putting it in a purse. It is a position where someone is trying to take an item from the store.

An individual does not even have to leave the store to be charged with a shoplifting offense. That is very important to note, that if they believe a person had concealed an item, perhaps in a purse with the intent to deprive the owner of the item via shoplifting. For example, if someone is in Walmart and they put a little portable USB Bluetooth speaker in their pocketbook, and the police believed that the person put in it in their pocketbook with the intent not to pay for it and to steal it, that person would be arrested for shoplifting. The prosecution is tasked with proving those elements, while a Lexington shoplifting lawyer’s job is to contest the prosecution’s argument.

How Shoplifting is Different From Larceny

As a Lexington shoplifting lawyer might explain, larceny is related to a specific person’s property, whereas shoplifting is very specific to merchandise at a retail establishment owned by a merchant. When someone has two prior property offense convictions, and this could be for larceny; it could be for any type of robbery or a financial transaction card fraud, or forgery. Once they have two of those, on that third arrest even if it is for a shoplifting offense or something that is very cheap, under $10, the person’s potential sentence is enhanced and they are facing up to 10 years..

Penalties for Retail Theft Offenses

One of the penalties for a first shoplifting offense, they are looking at a misdemeanor that carries up to 30 days in jail, but if they had two prior convictions, on the third arrest, it can be enhanced to a felony that carries up to 10 years. When the penalty is enhanced, that is referred to as a property crime enhancement.

Consequences of retail theft offenses include jail time, but could also include having a prior criminal record or being put on the trespass notice from certain stores. Other than the original penalty of facing up to 30 days in jail, the person could be facing a potential property crime enhancement depending on whether they have to prior convictions. If arrested after two property offense convictions, they are facing 10 years in prison and a felony. A Lexington shoplifting lawyer could attempt to mitigate the penalties that a person may face.

Consequences for Repeat Offenders

If someone has had two prior offenses, that is when the enhancement is done on the third arrest, but if they had only a prior shoplifting and they get arrested for a second time, they would still be looking at a 30-day misdemeanor.

Even if they had never been arrested before for shoplifting but had a petit larceny and a forgery conviction, when they are arrested for shoplifting on the third time, their potential sentence could be enhanced up to 10 years.

Value of a Shoplifting Attorney in Lexington

If you have been charged with a shoplifting offense, seek the services of a capable Lexington shoplifting lawyer. A qualified attorney could work diligently to construct a defense for you. Call today to schedule a consultation.