Can Juveniles Be Charged with Crimes in California?

The short answer is yes, juveniles (people under the age of 18) can be charged with crimes in California. However, they’re usually prosecuted in juvenile court rather than adult court. The juvenile court focuses more on rehabilitation than punishment when it comes to sentencing.

Other differences include whether or not a conviction will remain on a permanent record and if the juvenile can eventually have the juvenile record expunged once they become an adult.

How Is Shoplifting Defined in California?

California law defines shoplifting as someone entering a shop open for business and trying to steal merchandise worth a maximum of $950. If the theft involves merchandise worth more than $950, it could be charged as grand theft, a more severe charge.

Shoplifting can take place in different ways.

  • Removing or switching price tags. Some shoplifters believe that if they remove the tag, they can either exit the store without triggering alarms or try to negotiate a much lower price at the checkout counter. Similarly, they may try to switch price tags to put a tag of a much lower-priced item on the thing they want to buy.
  • Hiding merchandise. This is a common tactic in which someone hides merchandise, whether in a pocket, another bag, or under their clothing, to sneak out with it. Note that simply placing merchandise into a bag isn’t usually enough to cause shoplifting charges; the shoplifter must attempt or succeed at removing them from the store without paying for them. 
  • Purposeful shoplifting. Some shoplifters simply pick up the merchandise and walk out the door with it, hoping no employees see them. It’s more difficult to claim they forgot they had an item in their bag or pocket if they’re holding it in their hands as they exit. 

What Are the Potential Consequences for a Juvenile Shoplifting Conviction?

The good news is that compared to what an adult may be sentenced to if convicted of shoplifting in California, a juvenile may have an easier time, depending on the circumstances (e.g., if it’s a first offense, the value of the stolen items, etc.). For an adult, shoplifting is a misdemeanor that can result in fines of up to $1,000 and up to six months in jail or probation.

A juvenile convicted of theft (shoplifting), especially a first offense, is more likely to receive probation than jail time. The probation may involve community service and a requirement to maintain a specific grade point average (GPA) during the probation. It’s likely they’ll be expected to pay restitution for the stolen items, either in the exact amount or a slightly higher amount. If the juvenile doesn’t have the funds, the parents may be ordered to pay restitution, or the juvenile may be ordered to get a job to pay off the restitution.

The reason for lighter consequences is rooted partly in the idea that a juvenile doesn’t have a fully formed brain to understand what they’re doing is wrong and that they may be more able to learn from their mistakes than an adult can. The idea is that juvenile court could help deter future crimes.

But even if the punishment is less severe, a juvenile shoplifting conviction can have long-term consequences. They may face suspension or expulsion from school or difficulty with college applications or financial aid requests, housing, or employment.

What Defense Strategy Might Be Used in a Juvenile Shoplifting Case?

There are several. It’s crucial to work with an experienced juvenile criminal defense attorney who can advise you what could be the best approach for your child’s case. Every case is unique, so there isn’t one single approach that will work for all of them.

  • False accusation. This can involve either accidental misidentification which is quickly disproven because the person accused has no unpaid merchandise with them, nor does any security footage show them concealing merchandise. It may also involve more troubling cases, such as store employees who have biases or grudges that lead to charges. When there’s no clear evidence that a theft occurred, there’s a good chance the charges will be dismissed.
  • No intent. Part of the charge of shoplifting is that the person charged went into the store with the intention of stealing. If the prosecutor can’t prove intent (for example, the accused is adamant they meant to pay but forgot), it’s harder to prove shoplifting. 
  • Right to the merchandise. This involves someone taking something they think is theirs. For example, if a teen and a parent are shopping and the teen thinks the parent has already paid, they may walk out of the store believing the items are rightfully theirs.
  • Entrapment. This is not common, but not entirely unheard of. A store employee or undercover officer may coerce someone into taking something by showing them how to avoid anti-theft devices or telling them employees are being trained to detect theft. 

What Should I Do if I Need Help with a Juvenile Shoplifting Case?

Call the Miranda Rights Law Firm as soon as possible at 213-293-1207 to request a free consultation. We understand how traumatic this is for you and how worried you are that your child could face shoplifting charges, not to mention the long-term consequences of having a shoplifting conviction on their record. We can review the specifics of the case and provide guidance as to what could be the right approach to achieve the best possible outcomes.