The checkout line is a place of anticipation as you prepare to purchase your desired items. What if the price you pay does not match the one on the tag? What may seem like a simple mistake can quickly escalate into accusations of theft with serious legal ramifications, particularly if price tag switching is involved.
Switching price tags is illegal
Switching price tags falls under the category of retail fraud or shoplifting. The law defines shoplifting as entering a commercial establishment during its regular operating hours with the specific intention of stealing merchandise or property. This includes altering price tags to pay less for an item regardless of whether you do not walk out with it.
If convicted of theft, you could face serious legal repercussions:
- Misdemeanor charges: If the value is $950 or less, you could serve six months in county jail and pay a $1,000 fine.
- Felony charges: If the value exceeds $950, penalties increase. You might face up to three years in jail.
- Criminal record: A theft conviction can stay on your record, affecting job prospects and housing opportunities.
- Restitution: Courts may order you to repay the store for any losses incurred.
Even if you successfully purchase an item with a switched tag, you can still be charged if you are caught later. Stores often use surveillance cameras and loss prevention teams to catch offenders, and they may pursue legal action even after you have left the premises.
Defending your rights and freedom
When contending with theft charges, it is essential to understand your rights and potential defenses. These could involve arguing a lack of intent to steal, claiming mistaken identity or demonstrating insufficient evidence.
These defenses, however, are only as strong as the attorney who employs them. It is best to work with a skilled criminal defense lawyer in California for the most effective outcome of your case.
