Shoplifting is the intentional theft of goods from a retail store. Some examples include taking merchandise from the establishment without paying for it or concealing items with the intent to steal them, even if you are still in the store. Consuming food or beverages while at the establishment without paying for them is also a form of shoplifting.
An arrest for stealing from an establishment, such as a mall or retail store, is a severe offense, and the state will prosecute aggressively. Seeking legal guidance from John Arrascada, a diligent theft attorney, to build a sound defense strategy is essential. Contact a Reno shoplifting lawyer for help with your case.
Petit larceny is the lowest level shoplifting offense, and while it could result in a less severe punishment than grand theft, it could also have lasting consequences. Under Nevada Revised Statutes § 205.240, anyone who intentionally takes property from an establishment worth up to $1,200 is guilty of petit larceny and will receive a misdemeanor offense conviction on their permanent record.
Possible sentencing and penalties may include up to six months in jail, restitution, and fines of up to $1,000. First-time offenders may be able to engage in alternative sentencing, such as theft awareness classes and community service.
Grand larceny is intentionally stealing property valued at $1,200 or more. It is a felony offense, and the penalties can be severe, particularly for those with prior theft convictions. Sentencing may include up to 20 years and $10,000, depending on the specifics and whether the state charges the alleged defendant with a Category B or C felony.
Sentencing for petit or grand larceny may also include restitution, meaning the individual must repay the establishment for the property’s value. During the consultation, a Reno shoplifting attorney can review the statutes and answer specific questions about the legal process.
Forming a defense strategy to prove doubt requires careful review, evidence analysis, and consideration of the case specifics, and some examples include:
The defense may argue that the individual had no intention to shoplift. They may have forgotten to pay for the item or put something in their pocket or bag without intending to steal. When someone leaves a store with an item but returns to pay for it, that would demonstrate a lack of intent to deprive the establishment of the merchandise.
Sometimes, an arrest occurs because another party reports the theft. The most effective defense plan may be faulty eyewitness testimony when that happens. That is particularly true when the establishment is crowded or has poor lighting.
Another option is consent, or arguing the alleged defendant thought they had permission to take the item from the store. The case would present evidence that they believed a store owner or employee gave or someone else paid for the item on their behalf.
A duress defense could be effective when someone takes an item from a retailer because someone threatens their safety. That could involve intimidating remarks or threatening to cause harm to the alleged defendant or someone else. A shoplifting lawyer in Reno can help determine the best possible strategy after analyzing the case and evidence against them.
Any conviction on your permanent record can have lasting negative consequences. However, thrift is a crime of dishonesty, which can lead to more problems than others, particularly when seeking new employment.
Mr. Arrascada is a compassionate, highly respected, and experienced Reno shoplifting lawyer who can prepare a strong defense and guide you through each step of the process. Call today to schedule a consultation and review your case and options.
(775) 310-0084 