Do not go back to the store
Most stores issue a no-trespass notice. Returning creates a new charge and looks like exactly what the prosecution wants to argue.
Criminal defense
Long Beach Petty Theft and Shoplifting Defense Lawyer
Most shoplifting cases in Long Beach involve someone with no record, a bad afternoon, and a charge that will follow them into every background check for years unless it is handled right the first time. The consultation is free.
Patrick S. AguirreCriminal defense attorney · Long BeachCallback request
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The charges
Petty theft, shoplifting, and the $950 line
California draws the line at $950. Taking property worth $950 or less is petty theft under Penal Code 484 and 488, a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000. Entering a store during business hours intending to take $950 or less is shoplifting under Penal Code 459.5, generally a misdemeanor subject to the prior-conviction exceptions discussed below, and by statute it cannot be charged as burglary. Above $950 the charge becomes grand theft under Penal Code 487, which can be a felony.
For very small amounts, $50 or less, prosecutors have discretion to treat a first offense as an infraction under Penal Code 490.1. Whether they do depends on the facts, the record, and who is asking.
Proposition 36
What changed in December 2024
Proposition 36 added Penal Code 666.1. A person with two or more prior theft-related convictions who is convicted of petty theft or shoplifting can now be sentenced to up to a year in county jail or to a felony term under Penal Code 1170(h), regardless of the value taken. For someone with a record, a third shoplifting case is no longer automatically a misdemeanor, and the stakes of each earlier case are correspondingly higher. For a first offense the law is unchanged.
The store
Loss prevention, the detention, and the demand letter
Stores are allowed to detain a suspected shoplifter for a reasonable time to investigate and to hold them for police. What you say to loss prevention in that back room is written down and becomes the prosecution’s evidence, and the store’s video is preserved for the case. Signing a store’s statement or “admission” form is not required and helps only the store.
Within weeks many people receive a civil demand letter from the retailer or a law firm demanding several hundred dollars under Penal Code 490.5, which allows a merchant to recover the value of unrecovered goods plus a penalty. Paying it does not end the criminal case and refusing it does not affect the criminal case. It is a separate civil matter, and how to respond depends on what the criminal case looks like.
The consequences
Why a “minor” theft charge is not minor
- Theft is a crime of dishonesty: it appears on employment background checks and is treated as a red flag for any job that handles money, patients, or children
- Professional and occupational licensing boards ask about it and can discipline for it
- For a non-citizen, theft convictions can be crimes involving moral turpitude with immigration consequences out of proportion to the offense
- Landlords and schools see it
- Each conviction counts toward the two priors that make Proposition 36 apply
The options
Diversion, dismissal, and reduction
For most misdemeanor theft charges the best outcome is no conviction at all. Judicial diversion under Penal Code 1001.95 lets a judge, over the prosecutor’s objection if necessary, place a misdemeanor defendant on terms for up to 24 months, restitution, classes, community service, staying out of trouble, and dismiss the case on completion. The Long Beach City Prosecutor, who handles misdemeanors in the city, also offers its own programs in appropriate cases. Diversion is not available for every charge or every person, and whether the court grants it depends on how the case is presented.
Where diversion is not available, the work is on the evidence and the charge: whether the intent to steal can be proven, whether the value was really over $950, whether the detention and the statements were lawful, and whether an infraction or a non-theft disposition is achievable. A case that ends in dismissal can be sealed under Penal Code 851.91. A conviction can usually be dismissed later under Penal Code 1203.4, but that relief is not the same as never having been convicted, and background checks show the difference.
The defense
How theft cases are defended
- No intent to steal: forgotten items in a cart or under a bag, a child who put something in a pocket, a misunderstanding at self-checkout
- A claim of right: a belief the property was yours or that you had permission
- Mistaken identity or a video that does not show what the report says it shows
- Value disputes that keep a case below $950 or move it below $50
- Unlawful detention or coerced statements by store security
- Negotiated dispositions that avoid a theft conviction entirely
The first days
What to do before your court date
Do not pay or ignore the demand letter without advice
It is a civil claim that should be handled in light of the criminal case, not before it.
Gather what shows who you are
Employment, school, family responsibilities, and any counseling you have started. Diversion is granted to a person, not a file.
Appear, with counsel
A missed court date turns a shoplifting citation into a warrant. Have a lawyer before the first appearance, where the prosecutor’s first offer is made.
The office
How the Law Offices of Patrick S. Aguirre handles theft cases
The office has defended people accused of crimes in Long Beach and across Los Angeles County for nearly three decades. The firm now has offices in Long Beach and Downey. In theft cases the goal is set at the first meeting: keep the conviction off the record if the facts allow it, through diversion, dismissal, or a non-theft disposition, and where a conviction cannot be avoided, keep it a misdemeanor with the least custody and the clearest path to later dismissal. The office also advises on the store’s civil demand and on the immigration and licensing questions that decide what a good outcome actually is.
The office speaks Spanish.
Frequently asked questions
Common questions
It was my first time and it was under $100. Will I go to jail?
Jail is unusual for a first-offense petty theft. The realistic risks are the conviction itself and what it does to employment, licensing, and immigration status. Diversion or an infraction is often achievable, and either avoids a misdemeanor conviction.
The store sent me a letter demanding $350. Do I have to pay?
It is a civil demand under Penal Code 490.5, separate from the criminal case. Paying does not make the criminal case go away and not paying does not make it worse. Whether and how to respond should be decided with the criminal case in view.
Can shoplifting be charged as a felony?
Not for $950 or less on a first or second offense, unless the person has certain serious prior convictions or a sex-offender registration requirement. Above $950 it is grand theft, which can be a felony. Under Proposition 36, a third theft conviction can be treated as a felony regardless of value.
Will this show up on a background check?
An arrest and a pending case can appear, and a conviction will. A case dismissed through diversion can be sealed. A later dismissal under Penal Code 1203.4 changes how the conviction appears but does not erase it, which is why avoiding the conviction in the first place matters.
Selected case results
Criminal defense results
A selection from 55 documented results
Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Serious felony charges
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Domestic violence charge
Westminster Superior Court
Charge dismissed at trial
Client experiences
What clients say
★★★★★
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
★★★★★
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
Free consultation
Talk to a defense attorney today
The earlier an attorney is involved, the more options you have. Call now or request a callback and the office will reach out.
Callback request
Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.