Introduction
Charges for shoplifting can arise from any number of different methods that a prosecutor believes you have unlawfully obtained merchandise or other goods from a store.The obvious and most common method of shoplifting is asportation, which is the simple act of taking something off a store shelf, rack, or display case and walking out with it. But you could also be charged with shoplifting by changing the price sticker on an item, by changing the packaging of an item, or by concealing an item inside of another piece of merchandise.
Intent is the most critically mitigating factor. For instance, placing an item in your pocket in order to tend to a crying infant and then forgetting about the item, should not constitute intent in the mind of any reasonable juror.
Like all criminal actions in a courtroom, the burden is never on you to prove your innocence. The burden always lies with the state to prove your guilt. The lawyers at Zaire & Wade are capable and experienced at evaluating evidence (including store loss prevention reports, police reports, and video surveillance) as well as proving to jurors that you have no reason in the world to steal.
Shoplifting by Asportation
An individual who intentionally and knowingly carries away goods from a store without paying for them has committed the crime of shoplifting by asportation.To win a guilty verdict of shoplifting by asportation, the state must prove beyond a reasonable doubt that the defendant: intentionally took possession of, or concealed goods from a merchant; did not own the merchandise; and took possession of, or concealed the goods with intention of doing so without paying.
Shoplifting by Concealing Merchandise
An individual who intentionally and knowingly conceals goods either in a shopping bag or on their person, with intention of taking those goods without paying for them has committed the crime of shoplifting by concealing merchandise.To win a guilty verdict of shoplifting by concealing merchandise, the state must prove beyond a reasonable doubt that the defendant: concealed goods on his person or somewhere else within his control; did not own the goods; and concealed the goods before paying for them with the intention of stealing.
The shoplifting by concealing laws do not require that goods were removed from a store. The prosecutor merely has to show a defendant removed the goods in question from their rack, display case, or shelf, and concealed them.
Shoplifting by Switching Price Tags
An individual who intentionally and knowingly switches, changes, or alters a price tag on goods and does so with intention of paying less than the normal price has committed the crime of shoplifting by switching price tag.To win a guilty verdict of shoplifting by switching price tag, the state must prove three things beyond a reasonable doubt that: the price of the goods in questions was marked on a price tag or label; the defendant intentionally switched prices or altered the price to reflect a different amount; the defendant then attempted to buy the merchandise at the new price; and the defendant had the intention of paying less than the normal price.
Shoplifting by Switching Containers
An individual who intentionally and knowingly takes goods from their original package and transfers them to another box with the intention of paying less than the normal price for the goods, or altogether stealing them, has committed the crime of shoplifting by switching containers.Taking an expensive toaster out of its box and placing it into the packaging of a lesser priced toaster is an example of switching containers. Another example of this type of theft is placing a diamond watch into a pair of Adidas running shoes and then paying only for the running shoes (with the watch hidden inside).
If you have been charged with shoplifting or if you believe an arrest is imminent, please contact the experienced attorneys at the Law Office of Zaire & Wade today.
We can be reached 24 hours a day via e-mail.
