Shoplifting Punishments – 5 That Are Typical

The 5 most common punishments for the crime of shoplifting include:

1. Fines,
2. Placement in a diversion program,
3. Restitution,
4. Misdemeanor probation, and
5. Jail time.

While people caught shoplifting for the first time will likely receive a punishment that is early on this list, offenders guilty of multiple shoplifting charges, or offenders that shoplift a high value of merchandise, will likely face probation or a county jail sentence.

The criminal laws of most states say that people commit the crime of shoplifting if they intentionally steal items from retail establishments. The offense is sometimes referred to as “retail theft.”

Note that most state laws have a value threshold (for example $1,000), whereas if you shoplift merchandise valued below this threshold, you’ll typically face a misdemeanor shoplifting charge (or a petty theft charge).

But if you shoplift merchandise and the value of the stolen property is above this threshold, you could face felony charges of:

• shoplifting, or
• grand theft crimes.

1. Fines

People guilty of shoplifting may have to pay a fine.

Many state shoplifting laws and larceny laws say that you can receive a maximum fine of $1,000 or so for a conviction of these crimes.¹

But a first-time conviction will usually result in a fine of a couple of hundred dollars, plus penalties and assessments.

You might also have to pay a booking fee to the city that booked you with the crime of shoplifting.

Note, though, that if the value of the stolen goods is excessively high, then you may have to pay the maximum fine authorized under your state shoplifting statute, even for a first offense.

2. Placement in a diversion program

Many states offer diversion programs for shoplifting if it was the first time you stole something, or the value of the stolen items is relatively low.

Under a diversion program, you typically have to complete various court orders. Examples include:

• paying a fine,
• paying restitution to the retail establishment,
• completing community service hours, and/or
• taking an anti-theft class.

If you successfully comply with the orders, then a district attorney will usually dismiss your criminal charges from the criminal justice system.

3. Restitution

You may have to pay restitution if you are convicted of shoplifting.

Paying restitution means that you have to compensate the retail establishment for the value of the goods you stole and perhaps even related expenses. Restitution typically comes after you receive a civil demand letter.

In the context of a shoplifting case, a civil demand letter is when the store (or the store’s lawyer) sends you a letter and demands payment for any losses that the store incurred due to the shoplifting charge. This often happens even if the merchandise was recovered and not damaged.

Most state laws say that a store can ask for the following in a civil demand letter:

• the cost of the item(s) that you took, or attempted to take (if the store was unable to recover the stolen item),
• the cost of any damaged merchandise, and
• the expense of a store employee or a loss prevention officer that handled the shoplifting case.²

Note that a civil demand letter involves a civil action (as opposed to a criminal action). Further, any payment given to the store is a form of civil recovery.

Note, too, that compliance with a demand letter often results in a civil compromise, whereby a store decides not to seek prosecution after it gets paid.

4. Misdemeanor probation

Depending on the facts of your case, a judge could impose misdemeanor probation for a shoplifting conviction.

You will likely receive probation if you:

• have a prior conviction for a theft charge, or
• a criminal history or criminal record involving other offenses.

5. Jail time

The shoplifting laws of most states say that you can face jail time for theft convictions or convictions of shoplifting.

Many of these statutes say that the crime of shoplifting is a misdemeanor punishable by up to one year in county jail.³

But if the value of the items that you stole is relatively high (for example, above $2,000), then you could face a felony charge punishable by time in state prison.⁴

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