What defenses could I have after being arrested for shoplifting?

You May Have a Defense to Your Shoplifting ChargesIf you have been charged with shoplifting as a misdemeanor or felony in Charlotte, it would be a big mistake not to take the charges seriously. The punishment could be a jail or prison sentence, a large fine, and a permanent criminal record. Fortunately, even if you are guilty, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense.

Defenses That Can Help You Fight Shoplifting Charges

There are a number of defenses that can be present in any criminal case, such as the failure to give you your Miranda warnings or questioning you after you invoke your right to remain silent that could be applicable to your arrest. However, there are also defenses specific to the crimes of shoplifting and what must be proven to convict you of this offense in North Carolina. The prosecutor must prove these two elements:

  • You intentionally concealed or possessed items for sale.
  • You intended to permanently deprive the business of the item without paying for it.

You will need the assistance of an experienced criminal defense attorney to identify and raise the defenses that you have to shoplifting charges. Some effective ones that he may use to defend you include:

  • Lack of intent. Because the crime of shoplifting requires an intent on your part to intentionally conceal and possess the goods and to deprive the store of them, your lawyer may challenge this aspect of the prosecutor’s case. He may present evidence that you did not intend to steal the items. Depending on the facts in your case, he may be able to show that you accidentally forgot to pay or that you tried to go back and return the merchandise as soon as you realized your mistake.
  • Challenging witnesses. In some cases, there is video footage of the shoplifting. However, the prosecutor may rely on witness testimony as to how they saw the crime being committed. These witnesses can be store employees, other customers, or bystanders. A skilled attorney may be able to challenge their observations as unreliable or completely false.

Have you been arrested for shoplifting in Charlotte? Our skilled legal team can help you build a strong defense to the charges that you face and will aggressively fight for the best outcome possible. To learn more about your defenses and options, start an online chat to schedule your free consultation today.