California Penal Code 459.5 – Shoplifting

Overview

Shoplifting under California Penal Code 459.5 PC is defined as entering a commercial establishment during regular business hours with the intent to steal merchandise worth $950 or less. It’s often charged as a misdemeanor—but depending on prior convictions, it can still carry serious consequences.

At Jones Trial Attorneys, we treat shoplifting charges with the seriousness they deserve. Whether you made a mistake, were falsely accused, or caught in the wrong place at the wrong time, we build strong defenses to protect your record and your reputation.

Legal Definition

Penal Code § 459.5 states:

“Shoplifting is entering a commercial establishment with the intent to commit larceny while that establishment is open during regular business hours, where the value of the property… does not exceed nine hundred fifty dollars ($950).”

This statute was enacted by Proposition 47 in 2014 to reclassify certain low-level theft offenses as misdemeanors.

Elements of the Crime

To convict someone of shoplifting under PC 459.5, the prosecution must prove:

1. You entered a commercial establishment (e.g., store, supermarket);

2. It was open during regular business hours;

3. You intended to steal property worth $950 or less at the time you entered.

Intent to steal must exist at the moment of entry. If the decision was made later, the charge may fall under standard petty theft (PC 484).

Penalties for Shoplifting

Shoplifting is a misdemeanor, punishable by:

• Up to 6 months in county jail

• A fine of up to $1,000

• Misdemeanor probation

• Possible restitution and theft education classes

Felony Exception:

If you have certain prior convictions (including serious or violent felonies, sex offenses, or gun crimes), you may be charged with felony shoplifting, carrying:

• 16 months, 2, or 3 years in county jail

• Formal probation

• Possible strike enhancement

Defenses to Shoplifting

Our firm has successfully defended shoplifting charges using a range of legal strategies. Common defenses include:

• No intent to steal – You didn’t enter the store intending to commit theft

• Mistake of fact – You believed the item was paid for or belonged to you

• False accusation – Loss prevention or witnesses misidentified or exaggerated

• Entrapment – You were pressured or misled into committing the act

• Violation of rights – Illegal search, detention, or interrogation by store security

We also negotiate pretrial diversion, civil compromise, or dismissal for first-time offenders.

Immigration and Employment Consequences

A shoplifting conviction can be classified as a crime of moral turpitude, which may lead to:

• Deportation or inadmissibility for non-citizens

• Disqualification from professional licenses

• Barriers to employment in education, healthcare, finance, or government

We design our defense strategy to protect your record, reputation, and immigration status.

Related Offenses

• PC 484 – Petty Theft

General theft under $950 without commercial-entry element

• PC 459 – Burglary

Entering a structure to commit theft or a felony (outside business hours)

• PC 666 – Petty Theft with a Prior

Felony enhancement for repeat offenders

How Jones Trial Attorneys Can Help

Even a “minor” theft case can carry major consequences. We treat shoplifting charges seriously and push hard for dismissals, diversions, or reductions.

We move quickly to review surveillance footage, challenge witness credibility, and negotiate from a position of strength—always ready for trial if necessary.

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