Being accused of shoplifting is frightening, especially when you hear the word “felony.”
Spanish Fort shoplifting defense attorney Yancey N. Burnett at Burnett Law Firm helps people across Baldwin County figure out whether a shoplifting accusation is “just” a misdemeanor or a felony that could change the rest of their lives.
Who Is the Burnett Law Firm?
People accused of shoplifting in Alabama deserve a lawyer who treats them like a person, not a case number. As an Alabama theft and retail crime lawyer, Yancey Burnett focuses on protecting your record, your job, and your future, not just “handling the charge.”
Criminal defense attorney Yancey N. Burnett represents people charged with shoplifting and theft arising from places like Eastern Shore Centre, Spanish Fort Town Center, Bass Pro Shops, Daphne Commons, and other busy retail corridors along I-10, US-31, US-98, Highway 181, and Highway 225.
We understand how one lapse in judgment, a misunderstanding at self-checkout, or a moment of panic can lead to handcuffs and a court date. At Burnett Law Firm, we know early intervention can make the difference between a felony conviction and a much better outcome.
When you call (251) 662-7500 or visit us on Spanish Fort Blvd, Spanish Fort, AL 36527, you talk to local Spanish Fort criminal defense attorneys who know the courts, the prosecutors, and the real options available in Baldwin County.
“Burnett Law Firm provided exceptional service when reviewing my contract. They were prompt, professional, and explained everything clearly. I truly appreciated their attention to detail and how easy they made the process. Highly recommend for anyone needing reliable legal guidance!” – Marybeth W.
What Does Alabama Legally Consider “Shoplifting”?
Alabama treats shoplifting as a form of theft of property rather than a separate “shoplifting” crime. In plain terms, it usually means taking merchandise from a store without paying, underpaying, or using some trick to get items for less than they are worth.
Under Alabama’s theft statutes, a person commits theft if they knowingly take or exert control over someone else’s property with the intent to deprive the owner of it.
In the shoplifting context, that can include walking out with unpaid items, hiding merchandise, switching price tags, using “booster bags” to defeat security tags, manipulating self-checkout, or trying to return stolen items for cash or store credit.
Common Shoplifting Scenarios We See
Many cases begin with something that feels small or “harmless” at the time. Examples include scanning some items but not others at self-checkout, moving expensive items into cheaper packaging, or forgetting items in the bottom of the cart and walking past the registers.
We also see cases where a friend or family member slips an item into a purse or bag and everyone gets blamed. Loss prevention staff and security cameras at places like Eastern Shore Centre and Bass Pro Shops can turn these moments into criminal charges very quickly.
When Does Shoplifting Become a Felony in Alabama?
Shoplifting becomes a felony in Alabama when the value of the property or the type of property puts the case into one of the felony theft of property degrees. The same basic conduct, taking items from a store, can be a misdemeanor or a felony depending mostly on value and circumstances.
Alabama divides theft (including shoplifting) into four degrees:
- Theft of Property 4th Degree (Class A misdemeanor) – Value $0–$500, not taken from a person.
- Theft of Property 3rd Degree (Class D felony) – Value over $500 up to $1,499, or any credit or debit card, not taken from a person.
- Theft of Property 2nd Degree (Class C felony) – Value $1,500–$2,500, or theft of a firearm, controlled substances, certain livestock, or similar items, regardless of value.
- Theft of Property 1st Degree (Class B felony) – Value over $2,500, property taken from a person, a motor vehicle, or certain organized schemes where the total is at least $1,000 within 180 days.
In practical terms, if store merchandise is worth more than $500, you are now in felony territory, even if you have never been in trouble before. When the value climbs, or special property like guns, medications, or credit cards is involved, the case can escalate quickly from a lower felony to a more serious one.
How Do Prior Theft or Shoplifting Offenses Turn a Misdemeanor Into a Felony?
Prior theft or shoplifting convictions do not magically change the dollar thresholds in the statutes, but they absolutely change how a case is handled. Prosecutors may be far less willing to treat a new case as a “one-time mistake” if your record shows similar incidents.
For repeat offenders, a case that might have been charged as a misdemeanor can be filed as a felony, or a borderline value dispute may be interpreted in the state’s favor. Prior convictions can also trigger habitual offender sentencing or lead a judge to impose harsher penalties within the felony range.
As an experienced Baldwin County criminal defense lawyer, Yancey Burnett examines not only the new accusation but also how your prior record may influence the charge and the sentence. That is one reason it is critical to involve attorney Yancey Burnett and our shoplifting defense team as early as possible.
What Unusual or Unexpected Situations Can Lead to Felony Shoplifting in Alabama?
Some situations can turn what seems like “minor” shoplifting into a serious felony. These are the kinds of cases where having a Spanish Fort shoplifting defense attorney matters most.
Uncommon but very real felony scenarios include:
- Using a child to assist in theft, which can make the case look planned and especially serious.
- Working with another person in an organized retail theft scheme, where multiple small thefts are part of one plan.
- Removing merchandise through emergency exits or back doors, which can be treated as an aggravating factor.
- Using tools or lined “booster bags” to defeat security devices, which can tie into Alabama’s organized retail theft and theft-equipment provisions.
- Stealing very high-value small items such as jewelry, electronics, or certain medications, where a few items easily exceed felony thresholds.
These are exactly the types of cases where the shoplifting and theft defense attorneys at Burnett Law Firm push back on how the state is characterizing the conduct, the planning, and the value.
What Are the Penalties for Felony Shoplifting in Alabama and How Severe Can the Consequences Become?
Felony shoplifting penalties in Alabama are serious because they follow the general felony sentencing ranges for the degree of theft. Even a lower-level felony can mean real prison time and a permanent felony record.
Approximate ranges include:
- Class D felony (Theft 3rd) – 1 year and 1 day up to 5 years in prison and fines up to $7,500.
- Class C felony (Theft 2nd) – 1 year and 1 day up to 10 years and fines up to $15,000.
- Class B felony (Theft 1st) – 2 to 20 years and fines up to $30,000.
On top of prison and fines, courts can order restitution to the store, probation, community service, and other conditions. A felony theft conviction can also affect employment, housing, professional licenses, gun rights, and even immigration status.
Along the Eastern Shore and Mobile Bay area, many employers for warehouses, distribution centers, and retail jobs routinely run background checks. A single felony shoplifting conviction can shut those doors for years, which is why Alabama criminal defense attorney Yancey Burnett focuses not just on avoiding jail, but on protecting your long-term record.
What Happens After You’re Accused of Shoplifting in a Spanish Fort or Baldwin County Store?
After an accusation in a store, things usually move quickly. Loss-prevention staff or store managers may detain you and contact law enforcement under Alabama’s “shopkeeper’s privilege” laws, which allow reasonable detention when there is probable cause to believe goods were stolen.
From there, officers may issue a citation, make an arrest, or transport you to jail, and your case will be scheduled in Baldwin County District Court or sometimes Mobile County District Court, depending on where the incident happened. The prosecutor then reviews the police report, store statements, and video to decide whether to file misdemeanor or felony theft charges and at what degree.
During this window, Spanish Fort criminal defense attorney Yancey N. Burnett can contact the prosecutor, obtain evidence, and begin negotiating. Getting a lawyer involved before things harden into a felony indictment can make a critical difference.
Common emotional questions at this stage include “Will I go to jail?”, “Will I lose my job?”, and “Will this follow me forever?”. Our job at Burnett Law Firm is to answer those questions honestly, reduce your anxiety, and start building a real plan.
Can a Felony Shoplifting Charge Be Reduced or Dismissed?
A felony shoplifting charge can sometimes be reduced or even dismissed, but it never happens by accident. The defense has to identify weaknesses, mitigation, or alternatives that give the prosecutor and judge a reason to allow a better outcome.
Options may include challenging whether the value truly exceeds the felony threshold, questioning whether you intended to steal at all, or exposing problems with the store’s detention or search. In appropriate cases, we also explore diversion programs, deferred prosecution, or plea agreements that move a felony down to a misdemeanor.
As a Spanish Fort shoplifting and theft defense lawyer, Yancey Burnett uses local knowledge of Baldwin County court practices and prosecutors’ tendencies to advocate for the best possible resolution. Sometimes that means fighting the charge at trial; other times it means negotiating a structured resolution that keeps a felony off your record.
What Should You Do Right Now If You’re Worried Your Shoplifting Charge Could Become a Felony?
Your first priority after a shoplifting accusation should be to protect your rights and your record.
Anything you say to store staff, police, or even on social media can later be used against you.
If you have been cited or arrested:
- Do not give detailed statements or explanations without a lawyer present.
- Write down everything you remember about the incident, including witnesses and camera locations.
- Keep any receipts, bank statements, or messages that might help show what really happened.
- Contact Burnett Law Firm at (251) 662-7500 to speak with attorney Yancey Burnett about your specific situation.
You are not the first person in Baldwin County to face this kind of charge, and you will not be the last. One mistake, one misunderstanding, or one rough patch does not have to define the rest of your life.
Frequently Asked Questions (FAQs)
Is shoplifting under $500 ever a felony in Alabama?
Shoplifting under $500 is usually Theft of Property 4th Degree, a Class A misdemeanor, when it is not taken from a person. However, special items like guns, certain medications, or credit/debit cards can be felonies regardless of value.
When does shoplifting become a felony in Alabama?
In most cases, shoplifting becomes a felony when the total value of the property is more than $500, or when special categories like firearms, controlled substances, livestock, or credit/debit cards are involved.
Does self-checkout theft count as felony shoplifting?
Yes. If prosecutors believe you intentionally manipulated self-checkout and the value is high enough or special property is involved, self-checkout conduct can support the same felony theft charges as any other method.
What if the store got the item’s price wrong?
Value is a critical issue because it determines the theft degree. Alabama theft defense lawyer Yancey Burnett often challenges how the store valued the goods, whether sale or clearance prices were considered, and whether the state can prove the alleged value beyond a reasonable doubt.
What if I returned the item before being stopped?
Returning items can sometimes help with negotiations, but it does not automatically erase criminal liability. The key question is whether there was an intent to steal at the time of the taking.
Can shoplifting at Walmart, Target, or Bass Pro Shops lead to felony charges?
Yes. Large retailers in areas like Eastern Shore Centre and Spanish Fort Town Center frequently cooperate with law enforcement, and high-value or repeated incidents can easily become felony theft cases.
Will a felony shoplifting charge show up in an employment background check?
A felony theft charge or conviction almost always appears on standard background checks. Even some misdemeanor theft convictions can cause major employment problems, especially for retail, banking, warehouse, and caregiving jobs.
How long does a felony conviction stay on your record in Alabama?
A felony conviction generally stays on your record permanently unless Alabama law allows expungement or relief in very specific circumstances. That is why the shoplifting defense attorneys at Burnett Law Firm focus on avoiding felony convictions whenever possible.
Can teens or minors face felony shoplifting charges?
Juveniles can face serious theft allegations, and in some cases conduct that would be a felony for an adult can lead to comparable consequences in juvenile court. Parents should contact Spanish Fort criminal defense attorney Yancey N. Burnett immediately to protect their child’s future.
What if I truly accidentally walked out with an item?
Accidents happen, especially with distracted shopping or crowded carts. Because theft requires intent, attorney Yancey Burnett carefully examines the facts to show when an honest mistake explains what happened.
Can felony shoplifting ever be expunged?
In some circumstances, certain Alabama cases that were dismissed, resulted in not-guilty verdicts, or were successfully completed under specific programs may be eligible for expungement. The rules are technical, so the shoplifting defense attorneys at Burnett Law Firm can review your history and advise you on what is possible.
Do different counties (Baldwin vs. Mobile) treat shoplifting cases differently?
Yes, practices and plea offers can differ from one county or even one courtroom to another.
As a local Baldwin County criminal defense lawyer, Yancey N. Burnett understands how Spanish Fort, Daphne, Fairhope, Bay Minette, and Mobile courts typically handle theft cases.
Why Choose Burnett Law Firm to Protect Your Future?
Choosing the right lawyer after a shoplifting arrest is one of the most important decisions you can make. At Burnett Law Firm, we approach every client with compassion, confidentiality, and a clear plan to move forward.
We know the courts of Spanish Fort, Daphne, Fairhope, Bay Minette, and Mobile, and we know how prosecutors view shoplifting and retail theft cases along the Eastern Shore and I-10 corridor. Most importantly, Spanish Fort shoplifting defense attorney Yancey N. Burnett treats your case as one chapter, not the whole story of your life.
If you or a loved one has been accused of shoplifting and you are worried it could be a felony, call (251) 662-7500 to get a free consultation. Let us help you protect your record, your reputation, and your future.