Shepherdsville Theft Defense Lawyer
What constitutes shoplifting or theft by unlawful taking in the Commonwealth of Kentucky? Shoplifting is one of the most common daily crimes across the country and here in Kentucky. Shopkeepers and retail stores have become much more focused and effective at monitoring the interior of their stores in order to deter shoplifting. Stores often employ “loss prevention personnel” who appear as if they are fellow shoppers in an attempt to catch shoplifters in the act.
The store managers, owners, loss prevention personnel, and even those working the floor may detain suspected shoplifters at the store “for a reasonable amount of time. They can ask for and verify the alleged shoplifters ID, make “reasonable inquiries,” and take back any unpurchased merchandise the alleged offender has on their person or in their control. They also have the right to call appropriate law enforcement personnel, who will ultimately arrive and either arrest the suspected shoplifter, or “ticket” (charge) the accused with a theft by unlawful taking offense. If the suspect is a minor, they have the option to surrender the child to a “parent or legal guardian.”
What are the Consequences of a Theft by Unlawful Taking for Shoplifting Charge in Kentucky?
The primary issue when determining not only the charges one may face, but the consequences of the alleged shoplifting or theft by unlawful taking involve the value of the stolen goods. If the value of the merchandise in question is less than $500 the offense will be charged as a Class B misdemeanor, with the potential for a $250 fine and as much as 90 days in jail. If the value is over $500 and less than $1,000 it would normally be charged as a Class A misdemeanor, with potential penalties of up to a $500 fine and as much as one year in jail. Shoplifting involving property of more than $1,000 in value but less than $10,000 is almost always charged as a Class D Felony, carrying a fine of up to $10,000 or double the value of the allegedly stolen property (whichever is higher), as well as a prison sentence of one to five years in prison.
The next issue to consider is whether or not the suspect has any prior arrests or convictions for theft related offenses. If a person is convicted of three or more Class A misdemeanor theft offenses, the charge(s) can increase to become a Class D felony. Prior arrests or convictions can lead the Court to believe that there is pattern of behavior to be concerned about, and the likelihood of heavier charges and consequences is greatly increased.
Any shoplifting or theft by unlawful taking above $500 carries the potential for jail time. If it’s a low value of merchandise and you do not have any prior convictions you will probably not face jail time. The real risk of these types of charges include the consequences of having the conviction appear on your record, even if the other penalties don’t seem very serious to you.
Any theft offense conviction labels you forever as a “thief” and can have an impact on your career, credit worthiness, and even the way law enforcement will treat you from this moment forward. You don’t want to be going after your dream job in 3 or 4 years and have the interviewer ask you “Why should I hire a thief?” This is why you need an experienced criminal defense attorney.
My name is John Schmidt, and after more than 25 years of experience in criminal defense I can tell you that every accused person deserves a strong defense, and seemingly minor charges can have a profound impact on your life in the future. We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.
