Have you been arrested for shoplifting in Providence, Rhode Island? Although this is one of the least severe theft crimes, it may still be charged as a felony under certain circumstances. To best protect your legal rights and interests, you’ll want Manosh Payette Criminal Defense Attorneys on your side.
We’re one of the area’s most well-respected criminal defense law firms. Our top-rated Providence shoplifting lawyers have 36 years of combined experience; in that time, they’ve successfully handled thousands of cases. If you hire us, we’ll create and follow through with a defense strategy uniquely tailored to the facts and circumstances of your situation.
Ready to start forming an attorney-client relationship? Contact our law offices at (401) 854-7794 today to schedule a free case review.
How Manosh Payette Criminal Defense Attorneys Can Help if You’ve Been Charged With Shoplifting in Providence
Shoplifting charges should not be overlooked in Rhode Island. A conviction can seriously affect your freedom going forward, including the possibility of jail time. However, it’s critical to remember that the prosecution must prove every element of your charges “beyond a reasonable doubt.” There’s still time to fight back with help from an experienced attorney.
Manosh Payette Criminal Defense Attorneys is led by two nationally recognized Providence criminal defense attorneys who are passionate about standing up for the rights of the accused. Our lawyers formerly worked as attorneys for the Rhode Island Office of the Public Defender, meaning they know state law and how the local criminal justice system works as well as anyone. We can help you by:
- Thoroughly investigating the charges and evidence against you
- Researching and developing your best legal course of action
- Protecting your constitutional and state law rights at all times
- Representing you at all court hearings and proceedings
- Negotiating to have your charges dropped or reduced if possible
- Bringing your case all the way to trial if doing so is in your best interest
We’re ready to get started with your defense as soon as you are. Call us today in Providence, RI, to set up a time to meet and discuss your case for free.
Shoplifting Law in Providence, Rhode Island
R.I. Gen. Laws § 11-41-20 covers the offense of shoplifting in the State of Rhode Island. The statute describes four types of behaviors that can result in shoplifting charges. Under the law, it is illegal to:
- 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;
- 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;
- 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
- 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.
These descriptions are exactly how they appear in the text. In more plain English, they may be read more or less as follows, respectively:
- Stealing any merchandise from a retail store with the intent to deprive the establishment of the merchandise’s value
- Making changes to a piece of merchandise’s price tag or other similar marking with the intent to purchase the merchandise at less than its full value
- Transferring merchandise from one container to another with the intent to purchase it at less than its full value
- Stealing a shopping cart from a retail store with the intent to deprive the store of its use or possession
There are a few aspects of this law worth noting. For one, you can still be charged with shoplifting even if you weren’t actually the person who took the item – so long as you were “in consort with another [person].”
For another, each category of shoplifting under state statute includes the phrase “with the intention of.” This means that the prosecution must provide evidence that demonstrates your state of mind at the time of the alleged shoplifting. Since the burden of proof standard for criminal cases is the highest in the law, this leaves a qualified defense attorney significant room to argue in response.
What Are the Penalties for a Shoplifting Conviction in Providence, RI?
By default, shoplifting is a misdemeanor offense in Rhode Island. The penalties for a conviction are:
- A fine of at least $50 or two times the full value of the merchandise, whichever is greater, but no more than $500
- Imprisonment for up to one year
However, if a person has been previously convicted of shoplifting merchandise with a value of over $100, the offense may be brought as a felony instead. The penalties resulting from a felony shoplifting conviction in the state are:
- A fine of up to $5,000
- Up to five years imprisonment
It’s possible that other penalties may be assessed as well, depending on the facts of the particular case.
Collateral Consequences
A shoplifting conviction can also potentially impact your life in other ways, beyond those imposed by the court. These include, for example:
- Difficulty finding housing/employment
- Immigration issues, if applicable
- Damage to professional and personal reputations
- Loss of certain rights
These collateral consequences are more likely to come into play if you are convicted of a felony, and not all will attach to every case – nonetheless, some may apply even to the misdemeanor version of the offense.
What Defenses Can I Raise Against My Shoplifting Charges in Providence?
There are many ways to respond to shoplifting charges, though the exact defense(s) available will depend on the circumstances of your specific case. Potential defenses include, but are not limited to, the following:
- There is sufficient evidence to prove at least one of the elements of your charges beyond a reasonable doubt
- You did not possess the required state of mind at the time of the alleged offense
- Your constitutional or state rights were violated, such as an illegal search and seizure of evidence
- You have an alibi for the alleged shoplifting incident, and/or it was a case of mistaken identity
Upon hiring us, our legal team will conduct extensive legal research and other investigatory work in support of your defense. We’ll then move forward with the most effective strategy possible based on all the available information and resources.
Schedule a Free Consultation With an Experienced Providence Shoplifting Attorney
Shoplifting charges in Providence, Rhode Island, carry potential penalties and consequences that can substantially impact your life for the foreseeable future. However, you may still have time to offer a defense that allows you to secure a more favorable outcome for your case.
You can feel confident that you’re in good hands if you hire our trusted Providence shoplifting attorneys with Manosh Payette Criminal Defense Attorneys . With nearly four decades of combined experience and familiarity with the local courts and laws, we’re uniquely qualified to represent you effectively at each stage of the process.
The sooner we can get to work for you, the better.
