Lexington Criminal Defense Attorney Helps Clients Charged With Shoplifting

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Theft by unlawful taking or disposition

Shoplifting, Theft by unlawful taking or disposition. is classified as a Class A misdemeanor in Kentucky. It comes with serious penalties, including fines, jail time, and the possibility of being sued in civil court by merchants seeking to recover damages.

Shoplifting in Kentucky

There are several specific actions that are considered shoplifting in Kentucky, as long as the intent to defraud the owner of the value of the property or convert the goods without paying the purchase price was present. These include:

• Taking possession or concealing property
• Altering price tags
• Transferring goods from one container into another

Kentucky Criminal Statute 514.030 divides Theft by unlawful taking or disposition into several categories:

Theft by unlawful taking or disposition is a Class A misdemeanor unless:

• (a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;
• (b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of
  KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense;
• ( c) The property is one (1) or more controlled substances valued collectively at less than ten thousand dollars ($10,000), in which case it is a Class D felony;
• (d) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;
• (e) The value of the property is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000), in which case it is a Class C felony;
• (f) The value of the property is one million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000), in which case it is a Class B felony; or ** (g) The value of the property is ten million dollars ($10,000,000) or more, in which case it is a Class B felony.

Defending a Shoplifting Charge

There are several ways to defend a shoplifting charge. One involves the element of intent – can the prosecution prove beyond a reasonable doubt that the theft wasn’t accidental or a simple oversight? If you are accused of receiving stolen property, the Commonwealth must prove that you either knew or had reason to know that the items in question were stolen – not always easy to do.

Have you been arrested for shoplifting or retail theft? Kentucky criminal defense Attorney Braxton Crenshaw has more than 20 years of criminal defense experience, and he will help you avoid a criminal record if at all possible. Contact our firm online or call Braxton Crenshaw Attorney at Law to schedule a case evaluation today.