Defending Against Shoplifting Charges in South Carolina
In South Carolina, there are several different laws under which someone can be charged for shoplifting, ranging from misdemeanors to felonies. The severity of the crime is typically based upon the value of the items, but can also vary depending on a person's existing record.
Shoplifting is defined under Section 16-13-110 of the South Carolina Code of Laws. In order to prove someone is guilty of shoplifting, the prosecution must show that the person:
(1) took possession of, carried away, or transferred merchandise from one person to another, or to another part of the store; and
(2) intended to steal it (or altered price tags to pay less than the actual value).
Next, the value of the items determines the classification and potential penalties for shoplifting. If the merchandise is valued at:
1. $2,000 or less = 0-30 days and/or up to $1,000 fine (misdemeanor)
2. $2,000 - $10,000 = 0-5 years and/or up to a $1,000 fine (felony)
3. $10,000 or more = 0-10 years (felony)
The good news is that if you are charged with misdemeanor shoplifting ($2,000 or less), you may apply to have the conviction expunged from your record after 3 years, as long as you are not convicted of anything during that time. (To learn more about expungement: click here.)
Expunging a misdemeanor shoplifting charge from your record can be particularly important to consider, because under Section 16-1-57, if you are already convicted of 2 property crimes (including shoplifting), your new charge can be elevated to a felony carrying up to 10 years in prison. This is regardless of the value amount of the merchandise previously stolen, meaning it includes prior convictions for both misdemeanors and felonies.
Example:
Person steals $50 earrings from a store and is convicted of misdemeanor shoplifting. A couple of years later, this person decides they want something nicer this time, steals $11,000 worth of jewelry, and is found guilty of felony shoplifting. A few years after that, they have fallen on hard times and steal $5 socks from Walmart. This time, they are looking at 10 years in prison on a felony charge over a pair of socks, simply because it's their third time being charged with shoplifting.
So, had this unfortunate person gotten the first conviction for the $50 earrings expunged from their record, they would not later be facing 10 years for the socks—because they would only have one prior conviction on their record (the jewelry charge).
Defenses:
Some defenses to shoplifting include challenging the value of the stolen merchandise, and/or a lack of intent to steal.
For example, I once had a case where a client was accused of stealing a ring from a hotel room. The hotel guests claimed the ring was worth a certain amount based on the jeweler's assessment. However, in the time since they had purchased it, we were able to show that the value of it had gone down (depreciated). This presented an argument that the actual value was less than the offense charged, which significantly weakened the prosecution's case.
Another example would be someone who tries on several clothes at a store, then pays for the clothes, but forgot to remove a shirt that didn't fit properly from their cart. It would be difficult to prove that this person deliberately intended to steal the shirt, since they paid for everything else.
A conviction for shoplifting can primarily impact opportunities for future employment, as employers tend to be weary of these types of charges on a person's record. If you have been charged with shoplifting, or would like to have a shoplifting charge expunged, we can help. Contact us for a free consultation to discuss the details of your case, and/or verify eligibility for expungement.
