Shoplifting, theft, burglary, robbery, and stealing are all the same thing at the end of the day, right? Wrong. Each of them is considered their own crime in Missouri and nationally. That being said, it can be essential to understand the differences in case a situation arises where you are being accused or facing a court date because of one.
What Is Shoplifting?
Shoplifting in Missouri is simply a form of stealing, and can be a charge anywhere from a Class D Misdemeanor to a Class C Felony, depending on the value of the items allegedly stolen. Missouri classifies shoplifting/stealing under four general categories: refusing to pay for goods or services, paying for goods or services with a bad check, leaving the premises with the intention of stealing goods and services, and defrauding businesses using altered price tags.
Depending on the item’s value can alter what charge you are given. As said above, a Class D Misdemeanor could be given if the property was less than $150, but if it was more than $25,000, a Class C Felony could be given. Additionally, if the stolen items were prohibited, such as firearms or fireworks, a Class A Misdemeanor could be charged.
Believe it or not, you can be found guilty of stealing even if you don’t make it out of the store. The government just needs to prove that the suspect intended to permanently deprive the store of the product without paying for it. So, putting it in your purse or in a coat pocket – can lead to a conviction even if you never leave the store.
What Is Theft?
Theft is fairly simply the broader category of stealing, of which shoplifting is a common example. For the crime to be categorized as theft in Missouri, property or services must have been taken without consent or by using deceit or coercion.
The penalties for theft range from Class D Misdemeanors to Class A Felonies, depending on the severity of the situation. If you were to steal a tank truck, trailer, or similar equipment, you could be charged with a Class A Felony, leading to a sentence of 10-30 years in prison. Once again, similar to shoplifting, if you steal something worth more than $25,000, you will be charged with a Class C Felony. Additionally, livestock is considered within this law, leading to a Class B Felony if you were to steal animals.
What Is Burglary?
Burglary is categorized as something much different in the eyes of Missouri Law. To commit burglary, you must illegally enter or remain in a building or home with the intent to commit a crime while inside. It’s important to remember that it can still be classified as burglary even if a crime was not committed inside. Simply entering illegally with the intent to commit a crime can get you charged. Even if the intended crime was vandalism and not theft, burglary will still be charged.
Most burglaries are charged as Class D Felonies. However, if you enter the building or home armed, or if someone gets injured or threatened during the burglary, it can be charged as a Class B Felony.
I have seen a number of assaults charged as burglaries because the assault happened after the homeowner told the assaulter to leave. Once the building owner has taken away your license to be in the building, any crime committed can be charged as burglary.
What Is Robbery?
Robbery is stealing plus physical interaction or threats to take or retain the stolen property. Many stores tell their employees not to intervene with shoplifters because they don’t want their employees to get hurt and sue or file for work comp. But those policies actually help the shoplifter, too. If a store clerk grabs a shoplifter to prevent stealing, and the shoplifter pushes, punches, or wrestles with or threatens the clerk, the shoplifter has promoted himself to a robber. Robbery is a very serious felony, specifically, a Second Degree is a Class B felony, if a gun is used or the victim suffers a serious physical injury, then it is an A felony. Does not get much worse than that.
What Are Your Next Steps?
All of these charges can be detrimental to one’s record and livelihood. If you are charged with theft or shoplifting and don’t believe it to be accurate, a common defense is proving lack of intent, right to the property, or disputing the value of the property taken. However, whether you are charged with shoplifting, theft, or burglary, finding an attorney to ensure you are defending yourself appropriately while upholding your rights in the state of Missouri is essential.
If you have further questions or are facing a situation where you are being charged with theft, contact the team at Baldwin & Vernon.
