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What is Petty Theft?
Theft is the act of taking someone else's property without consent and with the intent to permanently deprive the owner of that property. The crime of petty theft is when the value of the item stolen is less than a specified amount, such as $500. When merchandise is stolen from a shop or department store, the crime is referred to as shoplifting.
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What's the Difference Between Theft and Larceny?
Generally speaking, the crime of “theft” is an umbrella term that includes all different kinds of criminal stealing, including identity theft, theft of intellectual property, theft of services, and theft of personal property. Meanwhile, “larceny” is defined as the theft of personal property capable of being possessed and carried away. Both petty theft laws and petit larceny charges fall under this category.
Also Read: Petty Theft vs Grand Theft
What Happens if You Get Caught Shoplifting and They Let You Go?
If you've been caught stealing, you are not entirely free and clear, even if the store allows you to leave. If the company sends a civil demand letter, they may still decide to press charges if you refuse to pay restitution. A civil demand letter demands a certain sum of money, even if the stolen goods were recovered undamaged.
The money is meant to cover the expenses incurred by shoplifters, including the cost of hiring security guards, installing security systems, training employees to handle shoplifters, and legal fees like having a criminal defense attorney on retainer.
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How to Get Petty Theft Charges Dropped
There are 3 separate ways for a petty theft charge to be dropped. They are:
1. Pretrial Diversion - This involves the defendant pleading guilty and having their sentence suspended by a judge. The offender will be ordered to complete a diversion program. Upon completion of the program, his or her misdemeanor petty theft charge will be dismissed.
2. Plea Bargain - Accepting a plea bargain with the victim or courts is another way that can allow a petty theft charge to be dropped. This can often be done with restitution being paid. In many cases, the defendant will admit to the crime and the charges will get dropped.
3. Proof of Innocence - If you are able to show the district attorney that you are innocent, they cannot proceed with a charge. The charges will then have to be dropped. There is no evidence for them to convict you.
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FAQs
1. Can a petty theft charge be expunged from my criminal record?
Yes, in many cases, a petty theft conviction can be expunged from your criminal record, especially if it's your first offense. It’s advisable to consult with a criminal defense attorney to understand the expungement process in your state.
2. What happens if I am charged with petty theft but have prior convictions?
If you have prior convictions, a petty theft charge may result in more serious penalties, including potential jail time. In some instances, repeated petty theft offenses can be upgraded to felony theft under certain state laws.
3. Will a petty theft conviction affect my job prospects?
A petty theft conviction could appear on background checks and may affect your job prospects, especially for positions that require trust or involve handling money or sensitive information. Working with a criminal defense attorney could help mitigate long-term impacts on your criminal record.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states. Whether you are facing felony charges or a petty theft conviction, it is important to have a knowledgeable criminal defense team on your side.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help you defend against felony theft or misdemeanor theft accusations.