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 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. With more than 50 years of criminal defense experience, let our Board Certified Criminal Law Specialists defend you.
Contact us today for a confidential consultation.
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Thousands of Successful Cases
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:
- You entered a commercial establishment;
- During regular business hours;
- 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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Jury Trial Acquittals
Molestation and Sexual Abuse of Minors
Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
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Case Dismissal
Sexual Abuse
Allegation of Continuous Sexual Abuse Dismissed Before Trial. -
Case Dismissal
Felony Sex Case
Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely. -
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Rape
Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial. -
Case Dismissal
Sexual Battery
Local business owner charged with sexual battery, dismissed. -
Avoid Sex Offender Registration
Sex Offense
Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register
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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- Saijel P.
Kyle and his team are absolutely amazing! With my whole case they kept it completely stress free. Kyle will explain everything in a way you could actually understand. I highly recommend him. He's honest, fair and compassionate and fantastic to work with.
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- Randy K.
Due to the distance away from the Bakersfield area I was able to deal with the firm by phone and email. Phone service was very timely and they made me feel comfortable. If needed, I would use their services again and recommend this law office.
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- Aimee G.
The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!
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- Felicia E.
He values his clients and understands their individual needs. He will work hard to guarantee that justice is served for everyone involved. He is honest and supportive throughout the entire process. We will never forget what Kyle has done for us.
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- Tina H.
My son was wrongfully accused and charged with assault. I hired Mr. Humphrey to represent him because I heard he was the best and as my son is 19 years old, I did not want this bogus charge going on his record. Mr. Humphrey did an excellent job of representing my son from day one. I am happy to say that the charges were dropped and the case was dismissed. I HIGHLY recommend Kyle J. Humphrey.
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- Jenna B.
My husband hired Jared Thompson to defend him against bogus charges. Their price was affordable and well worth the work they put in. Even though the DA's office was not helpful and kept delaying the case over and over, Mr. Thompson and his team never gave up. It was finally dismissed and we couldn't be more happy with the outcome.
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- Cesar M.
They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning our defense strategy. The paralegal staff was also courteous and prompt in their responses, which made the whole stressful process much more bearable. I am profoundly grateful for their services. the Martinez Lugo family we loved them we really recommended thanks so much :)
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- Jason G.
Mr Humphrey and his staff we nothing short of amazing to me and my family.
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.
