Retailers face the daily financial and legal challenge of shoplifting. Statistics show that 2024 saw an increase in shoplifting crimes in Boston and throughout the Commonwealth. According to the Preliminary 2024 Crime Data, “Shoplifting is up 20.8% over 2023, with 18,203 shoplifting incidents reported in 2024 compared to 15,068 the year before.
While these numbers indicate an increase that affects not only our local economy, they also show that the number of individuals facing criminal charges is increasing as well. Should you or someone you know face shoplifting charges, you may wonder what distinguishes them as either a felony or a misdemeanor.
Let’s take a closer look at what factors determine these categorizations.
What is Shoplifting?
Shoplifting is the act of deliberately taking merchandise from a store without paying for it. It is also hiding merchandise with the intention of stealing it. Everyday acts of shoplifting include: concealing items on your person, in a bag or a stroller; switching price tags to pay less for an item; leaving a store without attempting to pay; or using tools to disable security tags or locks on high-value items.
Determining if Shoplifting is a Felony or Misdemeanor?
Shoplifting charges in Massachusetts are categorized according to the total value of the merchandise stolen. Key elements of the shoplifting laws include consideration of the value of the stolen items, the defendant’s intent to steal, and whether the defendant has a history of repeat offenses.
If an individual is facing a first offense of shoplifting, where the items are valued under $250, it will be charged as a misdemeanor offense and a fine will most likely be levied up to $250. Subsequent violations can result in penalties of up to $500 and a maximum sentence of two years in jail. Items stolen with a value of $250 to $1,200 may result in penalties of a jail sentence of up to one year, a fine of up to $1,000, or both.
For shoplifting of items valued over $1,200, the charges could be considered larceny and are treated as a felony. A conviction can result in a maximum sentence of five years in state prison, a fine of up to $25,000, or both.
Potential Defense Strategies to Shoplifting
An experienced defense attorney can work with defendants on a robust case against the charges. This could include suppressing evidence such as surveillance footage, proving lack of intent, arguing mistaken identity, or challenging the value of the items in question. Additional challenges may be made in terms of mental incapacity or entrapment when applicable.
If you or a family member has been charged with shoplifting and you need legal guidance, reach out to us at The Law Offices of Patrick Conway. We will work with you to understand the charges and stand beside you as legal counsel mounting the most vigorous defense on your behalf.