What Legal Consequences Can You Expect If You’re Convicted Of Shoplifting? A South Carolina Shoplifting Defense Lawyer Tells You What To Expect

Sahn Law Firm – Attorneys at Law | Your Reliable Criminal Defense Champion in Charleston and Daniel Island, SC

Maybe your child shoplifted as a prank or on a dare from friends. Perhaps you inadvertently walked out of a store with merchandise, forgetting it was in your hand. For some people, shoplifting is an addiction; the temptation is irresistible. For the financially desperate, stealing from a store may feel like an unavoidable last resort or necessity to survive.

Whatever the motivation or circumstance, if you or a loved one is charged or convicted of shoplifting, it can leave an indelible stain on your life. Whether you made a one-time mistake or were wrongly accused, you’ll need help putting a shoplifting charge behind you before it upends your life and impacts your record.

With modern surveillance technology increasingly available as evidence, a conviction for shoplifting is more likely than ever. Fortunately, a skilled shoplifting lawyer can help minimize a shoplifting charge’s impact on your life. With the proper defense, you could avoid jail time or have your charges reduced if not dropped.

As a top-rated South Carolina Super Lawyer, Michael Sahn has a proven track record of handling shoplifting cases. He has helped defend clients like you to achieve favorable outcomes.

What Constitutes “Shoplifting” In South Carolina?

Under the South Carolina Code of Laws, shoplifting is the unlawful removal of merchandise from an establishment with the deliberate intention of not paying for it or depriving the seller of its full retail value. This standard includes ruses, such as:

• Removing, altering, or swapping price tags
• Transferring merchandise to another location in an establishment (e.g., moving an item to the sale bin)
• Repackaging merchandise

What Evidence Is Necessary To Convict You Of Shoplifting In South Carolina

In South Carolina, the prosecution has the burden of proving, beyond a reasonable doubt, that you intended to deprive the merchant permanently without payment of its full retail value. “Beyond a reasonable doubt” is a rigorous standard, but other factors weigh in the merchant’s favor.

The prosecution will likely rely on surveillance footage, witness accounts, and the police report to prove its case. There is also the matter of “concealment.” Concealment of merchandise on your person, in a bag or purse or other location in the store creates a presumption or inference under South Carolina law that you had the intent to shoplift. That inference is sufficient to justify a shoplifting charge, even if you hadn’t left the store with the merchandise.

What Specific Consequences Are Possible If You’re Charged and Convicted Of Shoplifting?

If you’re charged and convicted of shoplifting, the Court will frequently order you to “make restitution” to the merchant of the full retail value of the merchandise. The merchant will likely issue a Notice of Trespass, warning you never to return to their establishment.

While these penalties may seem sufficiently humbling to you, they are not the full extent of what may befall you.

Civil litigation

The merchant can bring a separate civil suit against you in a state court. In a civil suit, a merchant could recover damages for losses incurred in addition to the retail price of the merchandise, even if, in the end, they didn’t lose the merchandise.

Background Checks

If you’re prosecuted for shoplifting, that information is reported to the Communications Division of the South Carolina Law Enforcement Division, even if you’re not convicted. Having a criminal record has far-reaching and dire consequences. Anyone running a background check on you will have access to this information.

You may find yourself the subject of a background check for many reasons and by any number of people or institutions: employers, landlords, financial institutions, the military, educational institutions or scholarship committees. An adverse background check can also affect your ability to obtain security clearances and professional licenses. It can even make you ineligible for federal entitlement programs.

Fines And Jail Time

Fines and jail time are another possible outcome if you’re found guilty of shoplifting. These punishments are calibrated to the value of the goods stolen. Misdemeanor shoplifting is defined as the theft of merchandise valued at or under $2000; felony shoplifting involves theft of merchandise with a value greater than $2000.

In terms of fines, for either misdemeanor or felony shoplifting, you could be subject to a fine of up to $1000. Concerning jail time, misdemeanor shoplifting could be punishable by up to 30 days in jail and felony shoplifting by up to five years in prison. If the value of the stolen merchandise exceeds $10,000 or you have prior convictions, you could be looking at up to ten years in prison.

Your Shoplifting Charge Requires A Strong Defense. Call The Sahn Law Firm – Attorneys at Law Today For Help.

Your best chance at defeating a shoplifting charge is a powerful defense. You need a lawyer who understands the landscape of shoplifting law. Often, with careful preparation of your defense and a willingness to negotiate, an experienced defense attorney can get your shoplifting charges dismissed.

Contact Michael Sahn today for help putting a regrettable mistake behind you and preventing a permanent blemish on your reputation.

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