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May 28, 2026
It’s one of the most common questions people ask after an arrest: “Is this a misdemeanor, or am I facing a felony?
In California, shoplifting is usually a misdemeanor. But that is not the whole story. Prior convictions, the value of the items, and how the case is charged can all change what you are facing.
If you’ve been cited or arrested in Kern County, or anywhere in California, here is what you need to know.
What Counts as “Shoplifting” under California Law?
California defines shoplifting under California Penal Code 459.5. It generally means that you entered a commercial business during regular hours with the intent to steal items.
If the value stays under $950, the offense is typically charged as misdemeanor.
When Shoplifting Can Become a Felony
Even though shoplifting itself is usually a misdemeanor, certain situations can lead to felony exposure.
- Prior Theft or Serious Criminal History
- If you have prior theft-related convictions, prosecutors may push for harsher sentencing. In some situations, convictions can impact how the case is charged or negotiated.
- Value over $ 950
- If the value of the property exceeds $950, the charge may shift from shoplifting to grand theft, which can be charged as a felony.
- Other Charges Filed Instead
- Prosecutors can file burglary or other theft-related charges depending on the facts.
Proposition 36: How Prior Theft Charges Affect Your Case
Prior theft-related offenses can make prosecutors less willing to offer diversion or reduced charges. It can increase the likelihood of harsher penalties or be used to argue intent or pattern of behavior. If you have prior theft-related charges, you can be charged with a felony.
What to Expect in Kern County
If your case is in Kern County, local practices matter. Prosecutors in Kern County tend to take repeat theft offenses seriously, particularly in retail theft cases involving:
- Organized retail activity
- Repeat incidents at the same store
- Prior convictions on your record
Even for misdemeanor shoplifting, the approach can be stricter than in some other counties, making early legal representation especially important.
Do You Have a Defense to Shoplifting Charges?
Being accused doesn’t mean you will be convicted. Depending on the facts of your case, defenses may include:
- Lack of intent (You didn’t plan to steal)
- Mistake or misunderstanding
- Insufficient evidence
- Identity issues (it wasn’t you)
- Improper store detention or investigation
Can Shoplifting Charge be Dismissed or Reduced?
Yes, it can, especially in misdemeanor cases. Outcomes may include diversion programs, reduction of charges, dismissal after completing conditions, and negotiating resolutions that avoid jail.
Will a Shoplifting Charge Stay on Your Record?
A conviction can stay on your record but in many cases, you may be eligible for expungement after completing probation.
If you’ve been cited or arrested for shoplifting, you probably have a lot of questions and the uncertainty can be stressful. You don’t have to figure it out on your own. Getting clear, straightforward advice early on can make a real difference in how your case is handled and what options are available to you.
At the Law Office of Victor Nasser, we take the time to walk you through what to expect, answer your questions, and explain your options. Whether this is your first offense or you have had prior cases, we are here to help you move forward with a plan.
Call (310) 903-9721 now for a confidential consultation. A quick conversation can give you clarity and peace of mind about your next steps.
