Theft Charges for First-Time Offenders in 2025 (Shoplifting Penalties)
Theft charges for first-time offenders can vary based on factors like stolen value, involvement of minors, and video evidence. While a first offense shoplifting charge may qualify for a diversion program which can last up to 6 months, some 1st offense cases could result in felony theft charges.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jan 24, 2025
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jan 24, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Theft charges for first-time offenders can feel overwhelming and confusing. Many people don’t realize that shoplifting cases vary significantly, from a first-time offender retail theft case to serious felony charges, depending on circumstances and state laws.
While facing a first-offense shoplifting charge and other 1st offense cases may qualify for a shoplifting diversion program which can last up to 6 months, several factors can influence your case outcome. Understanding what happens in court for first-time shoplifting and getting proper legal guidance early can make a crucial difference. Enter your ZIP code and speak with a criminal law attorney today to understand your options.
- Even as a first-time offender, your theft charges can escalate to a felony level
- Participating in a diversion program can lead to dropped charges
- Shoplifting will remain in your criminal history
Understanding Theft Charges for First-Time Offenders
When facing a first-time theft charge, there is no standard case when it comes to shoplifting. While many cases involve 1st offense shoplifting, people can shoplift anything and everything. Shoplifting can cover everything from candy to alcohol, combs to jewelry, and cleaning supplies to computer equipment, which could lead to a first-time felony theft charge, depending on the value.
Not only this but shoplifting laws and first-time offender retail theft penalties vary greatly from state to state.
Because of the complicated nature of shoplifting cases and shoplifting laws, you should work with an experienced criminal defense attorney to help resolve your case. When speaking with an attorney, you should provide answers to the following questions:
- What is the value of the item or items that you stole?
- Were you intoxicated when the incident occurred?
- Do the items indicate that you have a drug problem?
- Did you involve others in a plan to steal the items? If so, how many people? Were any of them minors, people with mental health issues, people with developmental disabilities, or people who were elderly?
- Were you stopped by a security officer or store merchants who tried to recover the items? What happened as a result of that interaction?
- Were you caught on videotape or on another type of recording device, such as an audio tape?
- What is your criminal history?
- Can you pay back the merchant right away? This may encourage them to decline to testify against you.
Even with a first-time shoplifting offense, you can be charged with a felony. For example, if you have stolen a 24-karat gold chain or a child was involved in the act, your shoplifting charges for a first offense will not receive the same plea bargain as a person alleged of slipping a pack of mints into their pocket.
As a first-time offender in a shoplifting case, the first thing you should do is ask your attorney to talk to the merchant. See if the merchant will accept payment in return for encouraging the State to drop the charges. Be aware that the merchant does not have the authority to drop the shoplifting theft charges.
Only the State can drop the case. However, if the merchant wants the State to drop the case, the State may do so.
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Pretrial Diversion Programs for First-Time Shoplifting Offenses
If the State does not want to drop the case but sees your 1st offense of shoplifting as relatively insignificant, you may be offered the chance to participate in a pretrial diversion program. In some areas, this is also called deferred prosecution.
Shoplifting Penalties for First-Time Offenders by State and Theft Value| State | Theft Value & Classification | Potential Penalties |
|---|---|---|
| Alabama | Less than $500 (Class A Misdemeanor), $500 or more (Felony) | Up to 1 year in jail and fines; More than 1 year in prison and higher fines |
| Alaska | Less than $750 (Class B Misdemeanor), $750 to $25,000 (Class C Felony) | Up to 90 days in jail and fines; Up to 5 years in prison and fines |
| Arizona | Less than $1,000 (Misdemeanor), $1,000 or more (Felony) | Up to 6 months in jail and fines; More than 1 year in prison and higher fines |
| Arkansas | Less than $1,000 (Misdemeanor), $1,000 or more (Felony) | Up to 1 year in jail and fines; 1 to 6 years in prison |
| California | Less than $950 (Petty Theft - Misdemeanor), $950 or more (Grand Theft - Felony) | Up to 6 months in jail and fines; 16 months to 3 years in prison |
| Colorado | Less than $2,000 (Misdemeanor), $2,000 or more (Felony) | Up to 18 months in jail and fines; 1 to 3 years in prison |
| Connecticut | Less than $1,000 (Misdemeanor), $1,000 or more (Felony) | Up to 1 year in jail and fines; 1 to 5 years in prison |
| Delaware | Less than $1,500 (Misdemeanor), $1,500 or more (Felony) | Up to 1 year in jail and fines; 1 to 3 years in prison |
| Florida | Less than $750 (Petit Theft - Misdemeanor), $750 or more (Grand Theft - Felony) | Up to 60 days in jail and fines; Up to 5 years in prison and higher fines |
| Georgia | $1,500 or less (Misdemeanor), More than $1,500 (Felony) | Up to 1 year in jail and fines; 1 to 10 years in prison |
| Hawaii | Less than $750 (Misdemeanor), $750 or more (Felony) | Up to 1 year in jail and fines; 1 to 5 years in prison |
| Idaho | Less than $1,000 (Misdemeanor), $1,000 or more (Felony) | Up to 1 year in jail and fines; 1 to 14 years in prison |
A pretrial diversion program for shoplifting is a type of plea bargain. In this program, you usually complete community service hours and pay the court a fine. When dealing with first-time shoplifting charges, you are also instructed not to commit another alleged offense for a set period.
Camila Lopez Licensed Attorney & Business Director
Although the charges have been dropped, the incident remains in your criminal history. For a shoplifting first offense, you have no conviction, but the court has a record that you participated in the pretrial diversion program. If you get a second theft by shoplifting charge, it is extremely unlikely that you will get a second chance to participate in a pretrial diversion program.
If the State decides not to offer you the chance to participate in a pretrial diversion program, you need to decide whether you want to challenge the accusations in a trial or take a plea bargain. If you were intoxicated at the time of the incident, or the items that you took indicate that you have a drug problem, consider going into a rehab program or seeing a drug counselor.
Read More: Dangerous Drug Law
The State may consider dropping shoplifting and theft charges if it finds you are taking action to avoid a similar incident.
State Penalty Examples for First-Time Shoplifting Offenses
First-time shoplifting charges vary by state and can result in misdemeanor or felony theft charges depending on the item’s value. For example, first-offense shoplifting in Texas may lead to fines or jail time, while shoplifting first-offense in SC may offer diversion programs. In Georgia, you are eligible to have your criminal history record expunged if you can meet their criteria.
Read More: Expunging/Sealing Adult Criminal Records in Georgia
In North Carolina, the NC first offenders program for shoplifting can help avoid a conviction. Understanding state laws for 1st offense shoplifting and available diversion programs for shoplifting misdemeanors is crucial. Always consult a criminal defense attorney to navigate first-time theft charges and felony consequences.
Case Studies: Shoplifting, Stealing, and Theft
Understanding how first-time offender theft charges are handled can be clearer through real-world examples. These case studies illustrate how different circumstances can lead to varying outcomes, from first-time misdemeanor shoplifting charges to more serious consequences.
Case Study 1: The Costly Jewelry Heist
John, a first-time offender, attempted to steal a valuable 24-karat gold chain from a jewelry store. Unfortunately for him, the entire incident was caught on the store’s surveillance cameras. The police were called, and John was arrested on the spot.
Due to the high value of the stolen item and the clear evidence against him, John was charged with felony theft. He sought legal help to navigate the legal proceedings and explore potential defense strategies.
Case Study 2: A Desperate Act by a Struggling Parent
Sarah, a single mother struggling financially, found herself in a dire situation. Desperate to provide for her child, she decided to shoplift essential items like diapers, baby food, and cleaning supplies from a local grocery store.
Store security apprehended her before she could leave the premises. Although this was Sarah’s first offense, she faced misdemeanor theft charges. Her attorney worked to negotiate with the prosecution and find alternative solutions that would address the underlying financial difficulties she was facing.
Case Study 3: Shoplifting Ring Involving Minors
A group of teenagers organized a shoplifting ring, targeting various retail stores in their town. The group consisted of both minors and young adults. They strategically planned their thefts, often distracting store employees while others concealed stolen merchandise.
Read More: What is receiving stolen property?
However, their actions were eventually discovered when security footage captured their activities. The authorities intervened and charged each member of the group based on their involvement and age. The case presented complex legal challenges, as it involved minors and potentially different charges for each participant.
These cases highlight how circumstances can significantly impact the outcome of shoplifting cases. Whether dealing with high-value items, financial hardship, or group incidents, each situation requires a unique legal approach.
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Theft Charges for First-Time Offenders: Next Steps and Legal Help
Theft charges for first-time offenders require immediate attention and proper legal representation. If you are low on funds, consider getting low and no-cost options for legal representation. While a 1st offense shoplifting case might seem minor, the question of “Will I go to jail for first-time shoplifting” depends entirely on your specific circumstances.
As theft by shoplifting first offense consequences can vary significantly by state, don’t leave your future to chance. Enter your ZIP code and find an experienced criminal defense attorney near your area to protect your rights and explore your legal options.
Frequently Asked Questions
What is the difference between shoplifting and theft?
While both involve taking property unlawfully, shoplifting specifically refers to stealing merchandise from retail stores during business hours, while theft covers a broader range of property crimes.
Read More: What are the differences between petty offenses, misdemeanors, infractions, and felonies?
Will I go to jail for shoplifting first offense?
First-time shoplifting offenders typically don’t face jail time for minor incidents, but it depends on factors like item value and state laws. Many jurisdictions offer diversion programs instead.
Does first-time shoplifting go on your record?
Yes, even if charges are dropped through a diversion program, the incident remains on your criminal record, though you may be eligible for expungement in some jurisdictions. It’s best to know the steps to expunge a felony conviction if you’re eligible.
What’s the sentence for the first shoplifting offense?
Sentences vary by state but typically include fines, community service, and possible probation. Many jurisdictions offer diversion programs to first-time offenders to avoid conviction. Enter your ZIP code to find an experienced lawyer near your area.
Can a store drop shoplifting charges?
While stores can recommend dropping charges, only the state prosecutor has the authority to dismiss charges. Store cooperation often influences the prosecutor’s decision.
Read More: Crime Victim: Accepting Money to Halt a Criminal Prosecution
What happens if you get caught shoplifting for the first time?
First-time offenders usually face store detention, police involvement, and potential charges. Many qualify for diversion programs, depending on the item’s value and circumstances.
What is considered a first offense theft charge?
A first-offense theft charge occurs when someone with no prior theft convictions is accused of stealing. The severity depends on the stolen item’s value.
What is a shoplifters diversion program?
A diversion program allows first-time offenders to complete community service, pay fines, and maintain good behavior in exchange for dropped charges and avoided convictions.
How severe is a first-time misdemeanor theft charge?
A first-time offender for misdemeanor theft typically involves items valued under $500-$1000 (varies by state) and can result in fines, probation, and possible short jail time.
Read More: What are Class A, B, and C misdemeanors?
What happens in court for shoplifting the first time?
First court appearances typically involve reviewing charges, discussing diversion program eligibility, and exploring plea options. Enter your ZIP code to find an attorney near your area.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.