Shoplifting vs. petty theft: how do you tell the difference? It begins by understanding theft laws and definitions. Let’s discuss.
The definition of theft encompasses a wide range of offenses. Two of the most common are shoplifting and petty theft. While these terms are often used interchangeably, they have distinct legal definitions and consequences.
Shoplifting vs. Petty Theft: Theft Laws & Definitions You Should Know
Shoplifting is a form of theft that involves taking merchandise from a retail store without paying for it or intending to deprive the establishment of its value. Shoplifting is usually classified as larceny and is considered a criminal offense in all states.
Depending on the jurisdiction, shoplifting can include concealing an item while inside the store with the intent to steal it, altering or swapping price tags to pay a lower price, and removing security tags from merchandise. Other shoplifting offenses, like walking out of the store without paying for items or fraudulently using self-checkout scanners, are equally criminal.
Most states categorize shoplifting as petty theft when the value of the stolen items falls below a specific threshold. Usually, that threshold is between $100 and $1,000. If the stolen merchandise is more than that, the offense could get upgraded to grand theft.
What Is Petty Theft?
Petty theft is different from shoplifting because of the theft laws and definitions that govern it. However, the offense is a broader category that includes low-value theft, not limited to shoplifting.
The legal definition of petty theft is the unlawful taking of someone else’s property without consent, where the total value of the stolen goods is below a statutory amount. The petty theft statutory limit in Texas is set at $100.
Examples of petty theft include:
- Stealing cash, personal items, or small valuables
- Taking unauthorized items from a workplace
- Failing to return rental property
Petty theft laws vary from state to state and apply to stolen property below a certain value, occurring anywhere, while shoplifting involves higher amounts and is limited to retail settings.
Legal Consequences of Shoplifting vs Petty Theft
Shoplifting and petty theft are usually classified as misdemeanors, but repeated offenses or aggravating factors can enhance charges and penalties. The penalties for shoplifting vs petty theft depend on several factors, such as state laws, prior convictions, and the value of the stolen items.
Consequences for shoplifting and petty theft typically range from fines, jail time, and probation to community service, restitution, and a permanent criminal record. Meanwhile, a criminal record for theft of any kind can damage your reputation, affect employment opportunities, and restrict access to public or community resources.
Because theft laws and definitions vary widely, the legal process can be complex and daunting. Don’t face it alone if you’ve been charged with shoplifting or petty theft. Contact an experienced criminal defense attorney to discuss your case.
Theft and Immigration Status
Shoplifting and petty theft can have severe immigration consequences for non-citizens. The Immigration and Nationality Act (INA) considered certain theft crimes as “crimes involving moral turpitude (CIMT), which can trigger deportation, green card or visa denial, and inadmissibility for those convicted.
First-time petty theft offenders might avoid severe penalties if they qualify for pretrial diversion programs. However, defendants need legal guidance from a reputable immigration lawyer to determine the next steps and ensure their rights are protected.
Takeaway
Shoplifting vs petty theft: there are many subtle differences to consider. Shoplifting is a form of petty theft that happens in retail stores, while petty theft is a broader range of minor theft offenses. Hiring an experienced criminal defense attorney is essential, especially if you’re a non-citizen.
Learn the theft laws and definitions, then find a trusted legal team for more information. Contact Lamb & Turner to schedule a consultation today.
