Shoplifting and Theft Attorney in Newport RI
Newport RI Criminal Lawyer Joshua Macktaz provides aggressive
and effective representation to individuals facing shoplifting and theft related Rhode
Island offenses including felony and misdemeanor shoplifting. A former Rhode
Island Special Assistant Attorney General from 1993-1997
Attorney Macktaz has extensive experience with shoplifting as
a prosecutor and has used that knowledge to successfully
defend hundreds of private clients accused crimes in Rhode Island.
Before becoming
a private Rhode Island Criminal Defense Lawyer,
Attorney Macktaz lectured in-coming police academy cadets
as a AG Prosecutor on proper criminal investigations
and prosecutions. This unique experience has afforded
Mr. Macktaz a wealth of knowledge not readily available
to the average criminal defense attorney.
Early intervention by a qualified and experienced Rhode
Island Criminal Defense Attorney is critical to success in
your case.
Contact Rhode
Island Shoplifting Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
Shoplifting Crimes in RI
The crime of Shoplifting is the unlawful taking of merchandise from a store. In Rhode Island, Shoplifting comes with serious penalties. Also known as Petty Theft or Grand Theft, Shoplifting is charged as a felony or misdemeanor, depending upon the value of stolen merchandise and the defendant’s criminal record.
Shoplifting is a common offense in Rhode Island. It can have embarrassing and serious consequences. Shoplifting can blemish your record and can affect your ability to secure a good job. Most employers are reluctant to hire new employees with a Shoplifting charge on their record.
Shoplifting is not just walking out of a store without paying for goods. Shoplifting includes any form of deception where the defendant did not pay the asking price of the merchandise.
Shoplifting Examples:
- Switching price tags
- Modifying merchandise labels
- Consuming food and concealing the wrappers
- Wearing articles of clothing and concealing the tags
- Walking out of a store, such as JC Penney, or Wal Mart, without paying for goods
- Leaving without paying the bill
The complete Rhode Island Laws on Shoplifting and penalties are below. Please find those summarized here:
The penalties for misdemeanor shoplifting is:
- up to a year in jail
- fines of $50 - $500, or two time the retail value of the items stolen
Shoplifting becomes a felony charge if there if it is a second (2nd) or subsequent offense, and the item shop lifted is valued at over $100. Under Rhode Island criminal law, felony shoplifting penalties are:
- up to 5 years in jail
- fines of up to $5000
The Shoplifting Defense
If you have been caught Shoplifting, the charges will most likely be proven by the following means:
- Store video camera
- Security staff
- Loss prevention staff
- Witness testimony
- Statements made by the accused
In order for the Prosecutor to establish a solid case for Shoplifting, the following must be proved:
- The Shoplifter must have been seen approaching the merchandise;
- The Shoplifter must have selected the merchandise;
- The Shoplifter must have concealed, carried away, or converted the merchandise;
- The Shoplifter must have been in continuous observation by the merchant or witness;
- The Shoplifter must have failed to pay for the merchandise;
- The Shoplifter must have been approached by the merchant outside the store;
With Shoplifting, the specific intent of the person who committed the crime does not need to be proved. Mental illness, alcohol or drug-related issues, and medication cannot be used as a defense to a Shoplifting charge.
In some cases, with the assistance of an experienced Rhode Island criminal defense attorney, a Shoplifting charge could be reduced to a Trespass charge or Disturbing the Peace charge if the evidence is weak, there are no witnesses, or video available.
Prosecutors analyze each Shoplifting case individually. The penalties will vary according to the defendant’s prior criminal record, value of goods stolen, and other factors.
Contact Rhode
Island Shoplifting Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
State Law and Penalties for Shoplifting in RI
TITLE 11
Criminal Offenses
CHAPTER 11-41
Theft, Embezzlement, False Pretenses, and Misappropriation
SECTION 11-41-20
§ 11-41-20 Shoplifting. – (a) For the purpose of this section:
(1) "Conceal" means to place merchandise in such a manner that it is not visible through ordinary observation.
(2) "Full retail value" means the merchant's stated price of the merchandise.
(3) "Merchandise" means any items of tangible personal property offered for sale within a retail mercantile establishment.
(4) "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, officer, or director of the owner or operator.
(5) "Premises of a retail mercantile establishment" includes the retail mercantile establishment, and common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.
(6) "Retail mercantile establishment" means any place where merchandise is displayed, held, stored or offered for sale to the public.
(7) "Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the public in transporting commodities on or from the premises of the retail mercantile establishment.
(b) Whoever shall engage in the following shall be guilty of the crime of shoplifting:
(1) Take possession of, carry away, transfer or cause to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with the intention of depriving the merchant of all or any part of the full retail value of the merchandise;
(2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempt to purchase or purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or any part of the full retail value of such merchandise;
(3) Transfer any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from one container to another in an attempt to purchase or purchase the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or any part of the full retail value of the merchandise; or
(4) Remove a shopping cart from the premises of a retail mercantile establishment without the consent of the merchant given at the time of the removal with the intention of depriving the merchant of the possession, use, or benefit of the cart.
(c) The fact that a person conceals upon his person, among his or her belongings, or upon the person or among the belongings of another merchandise displayed, held, stored or offered for sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and the merchandise has been taken beyond the area within the retail mercantile establishment where payment for it is to be made, shall be prima facie evidence that the person has possessed, carried away, or transferred the merchandise with the intention of depriving the merchant of all or part of the full retail value of the merchandise without paying the full retail value of the merchandise.
(d) Any person convicted of the crime of shoplifting shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) or two times the full retail value of the merchandise, whichever is greater, but not more than five hundred dollars ($500), or by imprisonment for not more than one year, or both; provided, any person convicted of the crime of shoplifting merchandise with a retail value of over one hundred dollars ($100) who has previously been convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both.
Contact Rhode
Island Shoplifting Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice. |
