Bakersfield Shoplifting Defense Lawyer
Bakersfield's Trusted Name in Shoplifting Defense
When a shoplifting accusation turns your life upside down, the name you call matters. Humphrey & Thompson has built a reputation across Kern County as the firm Bakersfield residents turn to when they're facing theft-related charges — from a first-time misdemeanor at a local retailer to a felony enhancement tied to a prior record.
Kyle J. Humphrey and Jared M. Thompson are both Board Certified Criminal Law Specialists, a distinction awarded by the State Bar of California to only a select group of attorneys statewide. That certification, combined with decades of combined courtroom experience, is why so many Kern County families search for our firm by name the moment they're booked or cited for shoplifting.
Our team has resolved thousands of criminal cases, and our results in theft and shoplifting matters reflect the same aggressive, detail-driven approach we bring to every case we accept — from negotiated dismissals and diversion placements to outright case rejections before charges are ever filed.
Contact us today for a confidential consultation.
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What To Expect After Arrest -
The Attorneys You Need On Your Side
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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. -
Case Dismissal
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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True Trial Attorneys
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Impressive Track Record in State, & Federal Courts
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Client-Service Focused
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Certified Criminal Law Specialists
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Needed a lawyer for our juvenile son for a felony assault case. Public defender was not very helpful and told us that at best our son would be on a very intensive probation for years if not sentenced to a camp. Rob Singh took our case and basically got everything resolved outside of court with the prosecutor within 2 weeks. Alleviated a lot of stress and anxiety by getting our son on a very minimal probation for 6 months and then records completely sealed. Highly recommended and would definitely hire this firm again.- Erik S.
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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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- Aracele S.
I’d like to express my sincere gratitude to Kyle Humphrey at Humphrey & Thompson for his help with an unexpected case. He was highly thorough and made sure I understood every part of the process, which was especially important as this was my first and only legal matter. Many thanks to you and your team!
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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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- KC A.
I had an amazing experience with Kyle! He is a straight shooter and that was crucial for me to hear. I was able to keep all my rights, get my case dismissed and that was huge for me! Kyle was able to take a bad situation for our family and deliver results that allowed us to move forward and grow. I highly recommend Kyle and his team!
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- Rena B.
IF you are caught in a bad situation in life and are looking for a Lawyer and investigator to fight, do their job well in fighting to prove your innocence in your case, you need Kyle and Victor on your side!!!
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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 :)
The Humphrey & Thompson Difference
Many people accused of shoplifting assume their case isn't "serious enough" to warrant a real defense — and that assumption can cost them. At Humphrey & Thompson, every shoplifting case receives the same level of attention as our most serious felony matters.
What that looks like in practice:
- You work directly with Kyle Humphrey or Jared Thompson — not a rotating cast of associates or paralegals you've never met.
- We treat every client's record like it matters, because it does. A shoplifting conviction can affect job applications, professional licensing, school enrollment, and immigration status long after the case is closed.
- We know retailers as well as we know the courthouse. Whether the case stems from a major chain store or a local Bakersfield business, we understand how loss prevention teams build their cases — and how to challenge them.
- We move fast. Early intervention can sometimes mean the difference between a charge that's filed and one that never is.
Contact us now to get started on your defense. We’re ready to fight for you.
