Lisa Pelosi: I think as a defense attorney, you have good arguments to make for theft charges to try to get someone probation because it’s a non-violent crime and because sometimes, when you’re dealing with bigger cases where money is taken, the victim is more looking forward to getting restitution and putting someone in jail as opposed to on probation and having restitution paid back, I think that probation works for these non-violent, theft crime cases. Sometimes, if someone has done it more than once or they have one felony conviction and then, the judge is less likely to offer probation, probation is something that a defense attorney would keep in mind in advocating for a client.
Carrying a Concealed Weapon Can Cause a Theft Charge to be Enhanced
Interviewer: If someone had a weapon on them, if they shoplifted but they had maybe — they were arrested and they had maybe some sort of knife on them, could they be facing charges that involve weapon charges or armed robbery charges?
Lisa Pelosi: That’s where it gets very tricky. A simple shoplifting in the store of a very inexpensive item, even if someone has a knife on them, a pocketknife on them, brass knuckles something of that nature, if store security comes to them and tries to escort them to the security room and a fight ensues, and even if they didn’t have the knife on them, once the fight ensues rather than it being an assault in a shoplifting, it becomes a robbery.
A Simple Shoplifting Charge May be Construed as a Robbery in the Event of Carrying a Concealed Weapon
If someone does have a weapon on them, that’s more evidence for the prosecutor indicating that it was a robbery rather than just a simple assault in a shoplifting. And that force that’s used to arraign a shoplifting, that becomes violent with the fight, that can even be, after the items is taken and someone is trying to run out of the store, that full sequence of events can make it become a robbery which elevates it from a simple misdemeanor up to a serious felony. So, shoplifting, there are many consequences during the course of shoplifting that people have to be aware of.
People Accused of Shoplifting Charges May Potentially Be Facing Imprisonment
Interviewer: So, can someone be facing some jail time with a shoplifting case if it went up to a felony?
Lisa Pelosi: Yes, definitely. People can be facing jail time because they’re going to be with — the client might view it as simply a shoplifting and a fight but the law and the prosecutor is going to view it as a robbery because once force is used, they don’t see it as a simple shoplifting, it becomes more serious and certainly people can go to jail for that and have felony conviction.
Compulsive Theft or Kleptomania May be Considered as an Avenue of Defense in Shoplifting Charges
Interviewer: Is the idea of compulsive theft or kleptomania ever a valid argument?
Lisa Pelosi: There are certainly mental health issues that are involved and psychologists and psychiatrists would be more apt to discuss that than I would. But if someone has a gambling problem, it’s certainly not going to get rid of the case that they’re charged with if they steal money for a gambling issue, for example but it clearly can mitigate the facts for a client if the prosecutor could be explained what the person’s mental health issue is and that’s something, you know, I think I’m very aware of when I get to know my clients and it’s really important for me to get to know my clients well and understand their rights as I try to help them with their criminal case, and mental health issues definitely come into play.
