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Shoplifting

Bakersfield Shoplifting Defense Lawyer

Accused of Shoplifting in Bakersfield, CA?

If you or a loved one has been charged with shoplifting in Bakersfield, the consequences can be more serious than you might think. Even a minor shoplifting offense can result in a criminal record, fines, and other penalties that affect your employment, education, and reputation. At Humphrey & Thompson, our experienced Bakersfield shoplifting defense attorney is dedicated to protecting your rights and building a strong defense on your behalf. Whether you’ve been falsely accused or made a mistake, we are here to help you move forward with the best possible outcome.

Reach out to us at for a confidential consultation. 

What is Considered Shoplifting in California?

Under California law, shoplifting is defined in Penal Code § 459.5 as the act of entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. This crime is typically charged as a misdemeanor, though certain circumstances can escalate the charge.

To be convicted of shoplifting, the prosecution must prove:

  1. You entered a commercial establishment;
  2. During regular business hours;
  3. With the intent to commit theft (not necessarily that you succeeded).

Examples of shoplifting behavior include:

  • Concealing items in a bag or under clothing;
  • Altering or switching price tags;
  • Walking out of a store without paying;
  • Returning stolen merchandise for a refund.

It's important to understand that shoplifting is not always about physically taking something—even just entering a store with the intent to steal qualifies under the statute.

Criminal Penalties for Shoplifting

In most cases, shoplifting is treated as a misdemeanor offense in California. However, prior convictions or aggravating factors can increase the severity of the charge.

Typical penalties for misdemeanor shoplifting include:

  • Up to 6 months in county jail;
  • Fines of up to $1,000;
  • Community service or probation;
  • Restitution to the store or business;
  • A permanent criminal record, which can impact job opportunities and housing.

Felony shoplifting may be charged if the defendant has a prior conviction for a serious or violent crime, or if the value of the stolen merchandise exceeds $950 (which could also be charged as grand theft under different statutes). In such cases, penalties can include:

  • Up to 3 years in jail;
  • Higher fines;
  • Longer probation and increased restitution.

Additionally, shoplifting convictions can carry immigration consequences for non-citizens, and can be used as prior convictions in future theft-related cases.

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Bakersfield Shoplifting FAQs

Here are several frequently asked questions about shoplifting charges in Bakersfield, CA:

Will I go to jail for a first-time shoplifting offense in Bakersfield?

Jail time is possible, but many first-time offenders are eligible for alternative sentencing like diversion programs, probation, or community service—especially with a skilled Bakersfield shoplifting defense attorney on your side.

Can a shoplifting charge be expunged from my record?

Yes. In many cases, a misdemeanor shoplifting conviction can be expunged once you’ve completed all court-ordered requirements. Expungement can help clear your criminal record for employment and housing purposes.

What is a diversion program, and can I qualify?

Diversion programs allow first-time or low-level offenders to avoid a conviction by completing certain requirements such as theft education classes, community service, and restitution. Successful completion results in dismissal of the charges.

How does shoplifting differ from petty theft in California?

Shoplifting under Penal Code § 459.5 is a specific type of petty theft that occurs inside a commercial establishment during business hours. Petty theft (Penal Code § 484) can apply to other scenarios outside of a retail environment.

Should I talk to the store or pay restitution before hiring an attorney?

A: It’s best to speak with an attorney first. Anything you say or do can be used against you later in court. Let your lawyer handle communication and negotiations to avoid self-incrimination.

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Why Choose Humphrey & Thompson?

At Humphrey & Thompson, we understand how overwhelming a criminal charge can be—especially for something as common and often misunderstood as shoplifting. Whether you’re a juvenile, college student, working professional, or someone with a prior record, we take the time to listen to your side and provide aggressive, compassionate representation tailored to your situation.

We have successfully defended clients in a wide range of theft-related cases throughout Bakersfield, CA, and we know how to navigate the Kern County courts to seek the best possible outcome for your case.

Contact us now to get started on your defense. We’re ready to fight for you.

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Have Questions?

  • Do I need a lawyer if I’m innocent?
    Yes, even if you're innocent, having a lawyer is crucial. A defense attorney can ensure your rights are protected, investigate the facts, challenge evidence, and guide you through the legal process to ensure a fair trial.
  • What’s the statute of limitations for criminal charges in California?
    The statute of limitations varies depending on the crime. For misdemeanors, it’s typically one year, while felonies can range from three years to no time limit for serious offenses like murder.
  • Can I refuse a police search of my home or vehicle?
    Yes, you can refuse a search unless the police have a warrant or certain exceptions apply, such as probable cause or exigent circumstances. If you’re asked for consent to search, you have the right to decline.

drowning in legal trouble?

WE'RE YOUR LIFELINE
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  • By submitting, you agree to receive text messages from Humphrey & Thompson at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
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