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Business LitigationShoplifting Lawyer In Conway, SC
While shoplifting can be as innocent as simply forgetting to put something in your cart on the conveyor belt or slipping something in your pocket absentmindedly, it is a crime that the State of South Carolina takes very seriously. If you’re facing a shoplifting charge, you’re well advised to have the legal counsel of an experienced criminal defense attorney from Conway, South Carolina, on your side.
The Crime of Shoplifting
To be charged with shoplifting, you don’t have to leave the store with the merchandise in question. In South Carolina, any one of the following can be charged as a shoplifting offense:
- Carrying merchandise away
- Causing merchandise to be carried away or transferred
- Taking possession of merchandise
- Transferring merchandise from one person to another, from one container to another, or from one area of the store to another
- Altering, transferring, or removing the label or price tag on merchandise – in an effort to purchase it at a lower price
Another element of the shoplifting charge, however, is that the accused intended to deprive the store of the merchandise in question without paying the full retail value in exchange. While proving someone’s intent is admittedly challenging, the state begins with the presumption that concealing merchandise infers intent. As a defendant, however, you have the legal right to fight this presumption with both evidence and testimony, and your seasoned criminal defense attorney can help you with that.
Fines and Penalties
Shoplifting charges are based on the value of the merchandise taken. Consider the following:
- If the merchandise is valued at $2,000 or less, it’s a misdemeanor that carries up to 30 days in jail and fines of up to $1,000.
- If the merchandise is valued from $2,000 to $10,000, it’s a felony that carries up to 5 years in prison and fines of up to $1,000.
- If the merchandise is valued at more than $10,000, it’s a felony that carries up to 10 years in prison and fines of up to $1,000.
Shoplifting and Retail Theft Are Separate Charges
Although many people lump the charges together, shoplifting is distinct from retail theft in South Carolina. The charge of retail theft applies to circumstances like the following:
- Shoplifting merchandise that is worth more than $2,000 over a 90-day period with the intent of selling or fencing it
- Conspiring with someone else to shoplift merchandise worth more than $2,000 over a 90-day period with the intent of selling or fencing it
- Receiving, possessing, or selling retail property when the person taking this action either knows or reasonably should know that it’s stolen property
An Experienced Conway, SC, Criminal Defense Attorney Is on Your Side
The dedicated criminal defense attorneys at the Law Offices of L. Morgan Martin, P.A., in Conway, South Carolina, understand how difficult it is to face a criminal charge and are fully committed to zealously advocating for a beneficial case resolution that supports your brightest future. The outcome of your case is important, so please don’t hesitate to contact us online or call 843-248-3177 for more information today.