Retail theft charges in South Carolina carry penalties that range from minor fines to serious prison time. The difference between a misdemeanor and a felony often comes down to the value of stolen merchandise, prior convictions, and specific circumstances surrounding the offense. Many people assume that all shoplifting cases result in simple citations, but South Carolina law draws clear lines that separate petty theft from serious criminal conduct.
The stakes become dramatically higher when shoplifting crosses into felony territory. If you face accusations of taking merchandise from a store without payment, consulting with a Florence criminal defense lawyer becomes essential to protect your rights and future.
How South Carolina Defines Shoplifting
South Carolina Code Section 16-13-110 establishes the legal framework for retail theft offenses. The statute addresses various forms of shoplifting, including traditional concealment of merchandise, price tag switching, and fraudulent return schemes. The law recognizes that shoplifting extends beyond simply hiding items in a pocket or purse.
Several actions qualify as shoplifting under state law:
- Taking possession of merchandise with the intent to deprive the store of its value
- Altering or removing price tags to pay less than the actual retail price
- Transferring merchandise from one container to another to avoid paying full price
- Causing the cash register to reflect less than the actual retail price of goods
Store employees and law enforcement officers can detain suspected shoplifters for a reasonable time to investigate potential theft. However, detention must be based on probable cause, and retailers cannot use excessive force or hold individuals for unreasonable periods. False arrest claims can arise when stores overreach their authority in detaining suspected shoplifters.
When Does Shoplifting Become a Felony?
The value of stolen merchandise serves as the primary factor in determining whether shoplifting becomes a felony in South Carolina. State law establishes $2,000 as the dividing line between misdemeanor and felony retail theft. This threshold applies to the aggregate value of all items taken during a single incident or as part of a continuing course of conduct.
Shoplifting merchandise valued at less than $2,000 typically results in misdemeanor charges. First-time offenders face up to 30 days in jail and fines up to $1,000. Second offenses within three years can lead to 60 days in jail, while third offenses may result in 90 days behind bars. These penalties escalate with each subsequent conviction, even when the stolen goods remain below the felony threshold.
When the value exceeds $2,000, the offense becomes a felony. Prosecutors can pursue charges that carry between zero and five years in prison. Courts also impose fines and restitution payments to compensate retailers for their losses. A felony conviction creates a permanent criminal record that appears on background checks for employment, housing, and professional licensing.
Prior Convictions and Habitual Offender Status
Previous shoplifting convictions significantly impact charges when they become felonies. South Carolina law treats repeat offenders more harshly, even when individual incidents involve merchandise below the felony threshold. Someone with two prior convictions for shoplifting in South Carolina may face felony charges on a third offense, regardless of the stolen property’s value.
South Carolina shoplifting laws enhance penalties for repeat offenders, changing from a misdemeanor to a felony for subsequent offenses, reflecting the state’s approach to habitual retail theft. Courts view repeated offenses as evidence of a pattern rather than isolated mistakes. This approach means that a repeat offense results in a felony prosecution.
Prosecutors examine criminal records carefully when deciding what charges to file. A person with a clean record may receive more lenient treatment than someone with prior theft convictions. The timing between offenses also matters, as convictions separated by many years may carry less weight than recent repeated offenses.
Aggravating Factors That Elevate Shoplifting Charges
Certain circumstances can transform what might otherwise be a misdemeanor into a felony, even when the merchandise values stay below $2,000. South Carolina courts consider aggravating factors that demonstrate sophisticated criminal behavior or increased harm to retailers.
Organized retail theft operations face severe penalties. Groups that coordinate shoplifting across multiple stores, use tools to remove security devices, or recruit others to steal merchandise often face enhanced charges. Law enforcement agencies in Florence and throughout South Carolina have dedicated resources to combat organized retail crime rings that cost businesses millions annually.
The use of devices designed to defeat security measures can elevate charges. Foil-lined bags that block security sensors, specialized tools to remove tags, or other equipment show premeditation and sophistication beyond opportunistic theft. Prosecutors point to these items as evidence of calculated criminal intent.
Violence or threats during a shoplifting incident will always result in more serious charges. Assaulting store employees or security personnel transforms simple theft into robbery, which carries much harsher penalties than shoplifting alone. Even verbal threats or attempts to flee in a manner that endangers others can lead to additional criminal charges beyond retail theft.
Geographic Considerations Across South Carolina
Retail theft enforcement varies somewhat across different regions of South Carolina. Florence serves as a hub for retail activity in the Pee Dee region, with major shopping centers and national chain stores that experience significant shoplifting losses. Local law enforcement and prosecutors have developed specific approaches to handling these cases based on regional patterns and resources.
The Florence Police Department works closely with retail loss prevention teams to investigate and prosecute shoplifting cases. Stores in the area maintain sophisticated surveillance systems and employ trained security personnel who document suspected theft incidents. This evidence becomes crucial in court proceedings.
Other areas we serve throughout South Carolina include Darlington, Marion, Dillon, and surrounding communities, where retail theft remains a persistent concern. Each jurisdiction applies the same state statutes but may have different prosecution priorities and plea bargaining practices. Local court procedures and relationships between defense attorneys and prosecutors can influence case outcomes.
Areas We Serve
Swilley Law Firm, LLC, provides legal representation to clients throughout the Florence area and surrounding communities. We serve clients in zip codes 29501, 29502, 29503, 29504, 29505, 29506, and neighboring regions throughout the Pee Dee area of South Carolina.
Contact Us Today
Legal representation makes a substantial difference in outcomes, whether through negotiated plea agreements, suppression of evidence, or trial victories. Facing accusations of retail theft requires immediate action to protect your rights and minimize the long-term impact on your life. Swilley Law Firm, LLC, stands ready to defend your interests with knowledge of South Carolina shoplifting laws and local court procedures. Contact us today for legal help.
