Charged with Shoplifting

Understanding Shoplifting Charges in Massachusetts

Shoplifting might seem like a minor offense, but in Massachusetts, it can lead to serious legal consequences. Whether you’ve been accused of taking merchandise without paying, hiding items, or even switching price tags, it’s essential to understand the charges you’re facing and the potential impact on your life.

The Legal Definition of Shoplifting in Massachusetts

Under Massachusetts law, shoplifting is defined broadly to cover various acts intended to deprive a retail store of the full value of its goods. Shoplifting charges can be brought against you for several actions:

• Taking Merchandise: Knowingly removing goods from a store without paying.
• Concealing Merchandise: Hiding items on your body or elsewhere with the intent to avoid payment.
• Switching Price Tags: Changing or removing price tags to pay less than the full value.
• Switching Containers: Moving goods from one package to another to avoid paying the correct price.
• Mislabeling: Writing down a lower value for goods than their actual price.
• Taking a Shopping Wagon: Removing a shopping cart from the store without permission, intending not to return it.

These actions, collectively known as shoplifting, carry different penalties depending on the value of the goods involved and the specific circumstances of the case.

Penalties for Shoplifting Charges

The penalties for shoplifting in Massachusetts vary based on the value of the goods stolen:

• Goods Valued Under $100:
  • 1st Offense: Maximum penalty of $250.
  • 2nd Offense: Maximum penalty of $500.
  • 3rd Offense: Up to 2 years in a county jail and/or a fine of $500.
• Goods Valued at $100 or More:
  • Maximum Penalty: Up to 2 ½ years in a county jail and/or a fine of $1,000.

These penalties are severe and can have long-lasting effects on your life, including difficulties in finding employment, losing student loans, and, for non-citizens, facing deportation.

What to Do If You Are Charged with Shoplifting

If you find yourself charged with shoplifting, it’s crucial to act quickly. The consequences of a conviction can extend far beyond fines or jail time. You could lose your job, be denied future employment opportunities, and suffer damage to your reputation. For those in licensed professions, like teaching or nursing, the impact could be even more devastating.

The first step you should take is to contact an experienced Massachusetts criminal lawyer. A skilled attorney can help you navigate the legal process, which may include:

• Clerk’s Hearing: Where it is determined if there is enough evidence to proceed with the charges.
• Arraignment: Your first court appearance where you will be formally charged.
• Pre-Trial Conference and Motions: Steps where your attorney can negotiate on your behalf or seek to dismiss the charges.
• Trial: If necessary, where your case will be presented before a judge or jury.

Your lawyer will work to minimize the impact of the charges, whether through negotiating a lesser penalty or seeking to have the charges dropped entirely.

Defenses Against Shoplifting Charges

To convict you of shoplifting, the prosecutor must prove certain elements beyond a reasonable doubt, depending on the specific charge:

• Shoplifting by Asportation or Concealing Merchandise: The prosecutor must prove that you knowingly took or hid goods owned by someone else with the intention of not paying for them.
• Shoplifting by Switching Price Tags: The prosecutor must prove that you knowingly changed or removed a price tag and tried to purchase the goods at a reduced price.
• Shoplifting by Switching Containers: The prosecutor must prove that you intended to move goods from one package to another to avoid paying the full price.

A strong defense may involve challenging the evidence, proving a lack of intent, or demonstrating that you were falsely accused. Your attorney will explore all available options to protect your rights and achieve the best possible outcome for your case.

Take Action Now

Being charged with shoplifting is a serious matter that requires immediate attention. Don’t wait until it’s too late—contact The Law Offices of Elliot Savitz & Scott Bradley today at (781) 974-3429 for a free confidential consultation. Let our experienced team guide you through the legal process and help protect your future.