Loss prevention employees roam large stores looking for shoplifters. Sadly, sometimes, they accuse innocent customers of stealing. Store owners or managers often believe their employees over the accused person; fortunately, an accusation does not mean a conviction.
There are specific elements that a prosecutor must prove to secure a shoplifting conviction. Even when you conceal an item or walk out of a store without paying for something because of a bad impulse, you are entitled to representation from a dedicated defense attorney. A Goose Creek shoplifting lawyer will use every possible strategy to help you avoid a conviction.
What is Shoplifting in South Carolina?
Most people believe anyone who conceals an item in their pocket or leaves a store without paying for an item is guilty of shoplifting. Under South Carolina Code § 16-13-110, other examples of stealing include:
- Taking possession of items
- Switching, removing, or altering price tags
- Moving merchandise within the store
- Transferring items to another person
- Moving items to a different container
To successfully secure a shoplifting charge, the prosecutor must prove that the accused person intended to take the item without paying for it. A shoplifting attorney in Goose Creek could refute the prosecutor’s claim by showing a lack of intent.
What Are the Penalties for Shoplifting?
Anyone arrested for shoplifting faces charges ranging from a misdemeanor to a felony, depending on the value of the stolen merchandise.
When the merchandise is less than $2,000, the accused could face a misdemeanor charge and up to 30 days in Berkeley County jail. On the other hand, when the merchandise is at $2,000 but less than $10,000 the accused faces a felony charge that carries a prison term of up to five years. When the merchandise is $10,000 or more, the accused faces a felony offense punishable by up to 10 years in prison.
Additionally, South Carolina’s property crime enhancement law increases incarceration penalties for anyone convicted three times for stealing merchandise of any value. These individuals could face up to 10 years in prison.
Defenses to Shoplifting Charges
Lack of intent is a common defense strategy used to fight back against shoplifting charges. For example, a customer could easily forget to scan a large item like a case of water stored underneath the shopping cart while checking out. Dementia patients could become confused and think they have already paid for merchandise. Parents distracted by their children could forget to pay for an item. Other paying customers could be near a shoplifter and get mistaken for them.
A Break for the Prosecution
South Carolina lawmakers recognize the difficulty prosecutors have proving intent when the accused person denies it. SC Code § 16-13-120, allows prosecutors to infer intent when the alleged defendant willfully conceals the item they are accused of stealing.
Unfortunately, jury members could assume the accused planned to shoplift the concealed merchandise when no other evidence exists. A Goose Creek lawyer could present a strong defense in the accused person’s favor and fight for the best case outcome for their shoplifting charge.
A Shoplifting Attorney in Goose Creek Listens to Your Side of the Story
Overzealous store personnel have been known to falsely accuse customers of shoplifting. Although store owners should protect their merchandise, they should be sure that what their employees report is accurate.
You may have absentmindedly walked around the store with an item you dropped in your pocket, or you might be using your personal shopping bags when you are mistaken for a shoplifter. We listen to your explanation and offer tenacious representation in court. Call a Goose Creek shoplifting lawyer for a consultation.