Shoplifting, basically the theft of merchandise on sale, can be a misdemeanor or a felony, which are two criminal charges with different sentences. Below are some of the factors that may trigger felony shoplifting charges and mitigating factors that may convince the judge to lighten your sentence.

Triggers for Felony Charges

Here are some of the things that determine whether or not the authorities charge you with felony shoplifting.

Expensive Merchandise

In many states, the value of the merchandise you stole determines the seriousness of the ensuing charges. In fact, many states have an exact dollar value that triggers felony charges. For example, Texas will charge you with a state jail felony (there are various classes of felonies) if you steal something whose value is between $2,500 and $30,000.

Specific Items

Many states will also charge you with felony shoplifting if you steal some specific items. Examples of such items include explosives (or substances that you can use to make an explosive) and firearms. For example, California will charge you with a felony if you steal a firearm, regardless of its value.

Priors

Your criminal history will also play a role in the severity of your charges. Your risk of facing a felony charge increases if you have prior criminal convictions. The risk is even greater if your past convictions were for the same crime (shoplifting).

Mitigating Circumstances

The above factors may attract felony charges, but there are also things that may mitigate the charges and even sentencing if you end up being convicted. Below are some of these mitigating factors.

Intoxication

Intoxication is rarely a perfect defense to criminal charges; few charges will let you go simply because you were drunk at the time of the offense. However, the state may lower the charges against you if it's clear that you were drunk and you wouldn't have committed the crime otherwise.

No Priors

Past criminal convictions will always come back to haunt you in the future if you ever face subsequent criminal charges. On the other hand, a clean criminal history can work to your advantage. As a first-time offender, the judge may be more inclined to rehabilitate rather than punish you, and rehabilitation calls for lower charges and punishments.

Returning the Merchandise

Lastly, you may also get favorable charges if you returned the merchandise shortly after the shoplifting incident. Maybe someone informed the store owner about the theft, you felt guilty, or the store owner confronted you. Whatever the reason for returning the stolen merchandise, you are likely to be in a better position for it than someone who ends up selling or consuming the stolen merchandise.

Contact a criminal defense lawyer if you need legal counsel for your shoplifting case.