SHOPLIFTING / SHOPLIFTING, VALUE $2,000 OR LESS – What You Need to Know
If you or a loved one has been charged with "SHOPLIFTING / SHOPLIFTING, VALUE $2,000 OR LESS" in South Carolina, you are not alone. This is one of the most common criminal offenses in the Lexington and Columbia areas. Whether the charge involves a large store like Wal-Mart or a neighborhood gas station, the consequences can be serious — and long-lasting.
What Is Shoplifting Under South Carolina Law?
Under South Carolina Code §16-13-110, a person can be charged with shoplifting if they:
Take or move merchandise with the intent to deprive the store of its value
Alter or remove price tags or labels to pay less than full value
Transfer merchandise from one container to another to avoid paying full price
When the value of the merchandise is $2,000 or less, this is classified as a misdemeanor. It is typically prosecuted in magistrate or municipal court. A conviction can result in up to 30 days in jail or a fine of up to $2,130 (exact amount set by current court assessment rate).
However, the most damaging consequence for many people is not the jail time — it’s the lasting impact of a criminal record for shoplifting.
Why Shoplifting Convictions Matter
Shoplifting is classified as a crime of moral turpitude, a legal category that suggests dishonesty or deceit. Even minor convictions can cause serious harm to your reputation, particularly with background checks for employment, housing, or professional licensing.
Many employers may overlook certain convictions, but a shoplifting charge is often a deal-breaker — even when the value involved is low. In addition, repeat offenses can result in much harsher penalties. For example, a third offense can be charged as a felony, carrying up to 10 years in prison — even if the alleged theft is under $2,000. This is how you hear news stories every now and then about someone being sentenced to years in prison for stealing some small item from a grocery or convenience store. That sort of thing is possible, and does happen here in South Carolina.
Common Ways Shoplifting Charges Arise
We frequently see shoplifting charges stemming from everyday situations, including:
Using self-checkout and unintentionally missing an item
Pushing a shopping cart past the registers without stopping to pay
Concealing merchandise in a bag or under clothing while still in the store
Walking out while distracted or absent-minded, without realizing an item wasn’t paid for
It’s important to understand that shoplifting is a specific intent crime. The law requires the prosecution to prove that you intended to steal. You cannot accidentally commit shoplifting. So, someone who simply forgot an item in the cart, was distracted, or mistakenly believed everything had been scanned could have a legitimate defense in court.
Where Shoplifting Charges Happen Most Often
We regularly represent clients charged in:
Town of Lexington
Irmo
City of Columbia
Richland and Lexington County Sheriff’s Departments
And all other area cities and towns
Retailers involved often include Wal-Mart, Target, Kohl’s, and local grocery stores, convenience stores, and pharmacies. Shoplifting charges can result from arrest warrants or simply a ticket — the consequences are the same either way.
Your Legal Options
Being charged is not the same as being convicted. You have rights, and an experienced shoplifting defense lawyer can help you pursue options such as:
Pre-trial dismissal
Pre-Trial Intervention (PTI)
Reduction to a lesser offense
Contesting the charge at trial
Even if you feel you are clearly guilty, there are still options to help you protect your record.
What is PTI?
Pre-Trial Intervention (PTI) is a diversion program designed for first-time, non-violent offenders. It typically involves community service, counseling, and a supervision period. Once completed successfully, the charges are dismissed and you may qualify for expungement — meaning the record can be cleared.
PTI can be a lifesaving option for those who qualify, preserving future employment and educational opportunities. Admission to PTI must be approved by the solicitor’s office and usually requires that the individual has little or no criminal history.
Mental Health and Shoplifting
We recognize that not all shoplifting cases involve criminal intent. In our experience, some clients are struggling with mental health issues, such as kleptomania, or more commonly, behaviors tied to untreated depression or anxiety. In appropriate situations, we coordinate with forensic psychologists to fully evaluate the circumstances and ensure our clients’ interests are protected.
This is particularly important when a person’s actions are tied to a medical or psychological condition, rather than solely criminal intent.
Know Your Rights
Everyone charged with shoplifting in South Carolina has the right to:
Plead not guilty
Receive pre-trial discovery (which includes video footage, witness statements, and police reports)
Challenge the evidence, including the admissibility of any statements made to law enforcement
What is a Miranda Violation?
Before police conduct a custodial interrogation, they must inform the individual of their Miranda rights — including the right to remain silent and the right to an attorney. If these rights aren’t properly given and the individual is questioned anyway, any statements they make may be excluded from evidence. This can have a major impact on the strength of the prosecution’s case.
Speak With a Shoplifting Defense Lawyer Today
Attorney James R. Snell, Jr. has represented hundreds of clients facing shoplifting charges across Lexington, Columbia, and surrounding areas. Our office has successfully obtained dismissals, reductions, and not-guilty verdicts at trial. (Each case is unique, and past outcomes do not guarantee future results.)
We offer free consultations. Call us today at (803) 359-3301 to speak with a South Carolina shoplifting defense lawyer and start protecting your future.