Shoplifting Small Firm. Big Practice.

Charleston Shoplifting Defense Lawyers

Upholding Your Rights Against Shoplifting Charges in South Carolina

Shoplifting can be a confusing and complex crime to understand. Whether you made one thoughtless decision or accidentally concealed an item, a shoplifting conviction in South Carolina can result in harsh criminal repercussions. In serious cases, a defendant may face felony charges, putting their freedom and civil liberties at risk. Consulting with a shoplifting defense attorney is imperative to protect your rights when facing shoplifting charges.

At Thurmond Kirchner & Timbes, P.A., our Charleston attorneys are here to aggressively defend your rights. With nearly 25 years of experience and a proven track record of results, our firm can guide your legal steps wisely while fighting to drop or reduce the charges against you. Our shoplifting defense lawyers have an in-depth understanding of South Carolina law to establish a credible and well-fortified defense on your behalf.

If you were charged with shoplifting, securing a strong defense is crucial to defend your freedom. Call (843) 790-0083 to schedule a free consultation.

What Constitutes Shoplifting in South Carolina?

Shoplifting is a type of theft offense codified in SC Code of Laws § 16-13-110. Put simply, a person commits shoplifting when they take merchandise from a store or other retail establishment with no intention of paying for it. In other words, the defendant must intentionally act to deprive the merchant of the possession, use, or benefit of the merchandise without paying the full retail value.

Shoplifting can encompass various acts, including:

Altering price tags
Falsely returning merchandise
Taking merchandise without paying
Transferring merchandise between containers
Using a device to deactivate theft detection devices

Regardless of the specific act, the prosecution must prove that you acted with the specific intent to permanently deprive the merchant of their merchandise without paying the full purchase price. If this intent is not proven beyond a reasonable doubt, the shoplifting charge cannot stand. This element is often a primary battleground in shoplifting cases.

Is Shoplifting a Felony or a Misdemeanor?

The penalties for a shoplifting conviction can vary based on the unique circumstances of the offense. However, the value of the stolen merchandise is the primary factor used to determine criminal penalties. Depending on the details of the event, shoplifting offenses can be charged as either a misdemeanor or a felony depending on the value of the stolen items.

Penalties generally include:

Merchandise totaling $2,000 or less: This is considered a misdemeanor offense punishable by up to 30 days in jail and up to $1,000 in fines.
Merchandise totaling $2,000 to $10,000: This is considered a felony offense punishable by up to 5 years in prison and up to $1,000 in fines.
Merchandise totaling more than $10,000: This is a felony offense punishable by up to 10 years in prison.

What are the Collateral Consequences of a Shoplifting Conviction?

A shoplifting conviction in South Carolina leads to a permanent criminal record, severely limiting future employment, housing, and educational prospects. While expungement is possible for some minor first-time offenses, most convictions are ineligible, meaning the record remains visible. A conviction, especially a felony or one involving dishonesty, can also lead to the suspension or permanent revocation of professional licenses, effectively ending your career.

Beyond these career and reputation-related impacts, a conviction for shoplifting can result in the temporary loss of voting rights and a permanent loss of the right to possess firearms for felonies. For non-U.S. citizens, it can trigger severe immigration consequences, including deportation. Finally, a conviction causes profound reputational damage and serves as an enhancement for any future theft offenses, potentially escalating them to a felony.

Are there Alternative Options for First-Time Offenders?

For those accused of shoplifting for the first time, Charleston offers various diversion programs aimed at avoiding harsh penalties and focusing on rehabilitation. These programs are aligned with community goals of reducing recidivism by addressing underlying issues such as impulsive behaviors or socioeconomic factors.

Participation in such programs can lead to charges being dismissed upon successful completion, thereby avoiding a conviction on one's criminal record. These programs often require educational courses, community service, or counseling, showing the court a commitment to positive change. During an initial consultation, Thurmond Kirchner & Timbes, P.A. discusses eligibility and guides clients through the application process for these alternative sentencing options.

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"I cannot recommend them highly enough."
I had the pleasure of working with Thurmond Kirchner & Timbes, P.A. and I cannot recommend them enough. From the moment I walked into their office, their professionalism and expertise were evident. Every attorney and staff member I interacted with was knowledgeable and genuinely dedicated to achieving the best outcome. Their meticulous attention to detail and strategic approach set them apart.

- James S.
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The TKT lawyers and paralegals are top-notch when it comes to legal representation. They are thorough, professional, and do not stop until the obtain the best outcome for your situation. They always ensure you understand what is going on and never leave you in the dark. The team is understanding and makes sure you never face the legal system alone. I can't thank them enough for being by my side.

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"The firm has your back 100% of the time."
Thurmond Kirchner & Timbes, P.A. has helped with all of our legal issues. You are always in expert hands and the firm has your back 100% of the time. Highly recommend their expertise for any legal needs.

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No one thinks of litigation as fun, however, in my own complicated case, I can tell you Jesse Kirchner not only made it "fun" but actually, interesting.

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We are very pleased with Christopher Romeo and his Paralegal April Warford. They work hard to get the job done for you.

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Mr. Thurman and his staff were very professional and efficient. They worked hard to get my case dismissed.

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What are Common Defenses Against Shoplifting?

There are various ways to defend against shoplifting charges. Remember, consulting with a trusted defense attorney is crucial to determine which legal strategy is most effective in your case. Common defense strategies against shoplifting include:

You had no intention of stealing: If the shoplifting charges resulted from accidental theft or there was no intent to steal merchandise, your lawyer can fight to get the charges dismissed.
You accidentally concealed merchandise: If you were charged with shoplifting for concealing merchandise inside the store, but had no intent to steal the item, you may argue a lack of criminal intent, such as if an item accidentally falls into a shopping bag or a shopper absentmindedly puts something in their purse while distracted on the phone.
The self-checkout machine malfunctioned: In today’s digital era, self-checkout machines are very common—and none are entirely without flaws. If you were charged with shoplifting due to a self-checkout error or faulty scanning system, your lawyer can fight to establish your lack of fault for the event.

Why Choose Thurmond Kirchner & Timbes, P.A.?

When facing a legal challenge, you deserve a firm that combines compassionate support with large-firm experience and a proven record of success. Since our founding in 2005, Thurmond Kirchner & Timbes, P.A. has grown from a small practice into a formidable team of 13 lawyers and a large support staff, all while remaining committed to our clients in Charleston, Summerville, and surrounding communities.

Here’s what sets our team apart:

Top-Rated & Award-Winning: Our commitment to effective legal services has earned us a top-rated, award-winning reputation. We are a boutique firm with a big practice, offering the personalized attention of a small firm with the extensive experience and resources of a larger one.
Transparent & Personalized Service: We believe in a client-first approach. We promise transparent communication and personalized attention for every case. We take the time to educate you on the legal process, including its risks and rewards, so you can make informed decisions.
Strategic & Unique Defense: We understand that no two cases are the same. Our team is dedicated to developing a unique strategy for each case, meticulously tailored to your specific circumstances to achieve the best possible outcome.
Start with a Free, Confidential Consultation: We offer a free and confidential initial consultation to provide you with a clear understanding of your legal options without any upfront commitment.

When you need an effective legal team that is both compassionate and results-driven, choose Thurmond Kirchner & Timbes, P.A.

Years Defending the Accused in Charleston, SC

Thurmond Kirchner & Timbes, P.A. is committed to defending the accused in Charleston and beyond. With over two decades of experience and a longstanding reputation for achieving extraordinary results, South Carolinians trust our criminal defense attorneys to vigorously defend their rights against a wide variety of charges, from DUI to drug crimes.

If you were charged with any criminal offense, seeking experienced representation is imperative to protect your civil liberties and avoid severe penalties, including prison time. Don’t forgo your right to a skilled defense! Reach out to our award-winning firm to secure the robust defense you need to safeguard your reputation and clear your name.

If you were arrested for shoplifting in South Carolina, contact us online or call (843) 790-0083 to discuss your case with our seasoned Charleston defense attorneys.

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We Educate Our Clients on the Legal Process With Its Inherent Risks & Rewards
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Each Client Receives Transparent Communication & Personalized Attention
Your Initial Consultation Is Free & Confidential

Frequently Asked Questions

Being accused of shoplifting can be overwhelming, especially if it’s your first encounter with the criminal justice system. Below are answers to some of the most common questions we receive about shoplifting cases in Charleston. Knowing your rights and the legal options available can make a meaningful difference in how your case is resolved.

What Should I Do Immediately After Being Accused of Shoplifting?

Remain calm, avoid making any statements to store personnel or police, and do not attempt to flee. Cooperate without admitting guilt, and contact a criminal defense attorney at Thurmond Kirchner & Timbes, P.A. as soon as possible. Your lawyer can advise you on what steps to take next and begin preparing a strategy to defend your rights.

How Can Thurmond Kirchner & Timbes, P.A. Assist Me in My Shoplifting Case?

Our legal team will thoroughly assess the facts of your case, challenge any unlawful searches or procedural errors, and negotiate with prosecutors when appropriate. We explore all legal avenues to reduce charges or seek dismissal and advise clients on eligibility for diversion programs that can result in charges being dropped entirely.

Is It Possible for Shoplifting Charges to Be Dropped Before Trial?

Yes, charges can be dismissed before trial, especially if the evidence is weak or procedural issues are identified. Participation in pretrial intervention programs may also lead to a case being dismissed. Early involvement of an attorney from Thurmond Kirchner & Timbes, P.A. increases your chances of a favorable resolution.

Will a Shoplifting Conviction Go on My Permanent Record?

A conviction will likely appear on your criminal record and can impact employment, housing, and educational opportunities. However, if your case is dismissed or you successfully complete a diversion program, you may be eligible to have the charge expunged. Our attorneys can guide you through the expungement process.

Can I Be Charged Even If I Didn't Leave the Store With the Item?

Yes, South Carolina law allows for shoplifting charges even if you haven’t exited the store. Concealing merchandise or altering price tags with the intent to deprive the store of its full value can be enough for a charge. Legal representation is critical in clarifying intent and challenging weak evidence.

Can Juveniles Be Charged with Shoplifting?

Yes, minors can face shoplifting charges, but their cases are typically handled in juvenile court, which emphasizes rehabilitation. Our attorneys can help protect your child’s future by pursuing resolutions that avoid long-term consequences and keep their record clean.

What If the Store Didn't Call the Police Right Away?

Even if there was a delay in contacting law enforcement, charges can still be filed later. Surveillance footage, witness statements, or store reports may still be used to support prosecution. Legal representation can help challenge the timeline or credibility of such evidence.

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