Can You Go to Jail for Stealing From Walmart?
15 Sep 2023 | By Content posted in Shoplifting
There are a few different ways you can be charged with theft at a major retailer like Walmart, and a variety of consequences could follow. The punishment you receive will mainly depend on the value of the items you were alleged to have taken. But the question many people ask is: Can I go to jail for stealing from Walmart?
The Different Types of Walmart Theft
One of the most common theft-related charges at Walmart is petty theft of the second degree. For the theft to be considered second-degree, the stolen goods must be under $100. Today, people do not typically get arrested for this, but they do receive a notice to appear in court, and there is the possibility of going to jail for up to 60 days and receiving a $500 fine. Although jail is not likely, this does not mean that there are not consequences. For instance, having a permanent stain on your record can result in a struggle for employment for the rest of your life, regardless of what you stole or its value.
The second type of charge you can receive is petty theft of the first degree. For the theft to be considered first-degree, the goods stolen must be between $100 and $300. The stakes are now higher because you could be in jail for up to one year and receive a $1,000 fine. Fortunately, in Florida, people are rarely arrested for petty theft, but receiving a notice to appear is similar to an arrest. If convicted, you face a driver’s license suspension and potentially a lifetime struggle to find a job.
Do not think you will never face arrest for stealing at Walmart, however, because people are still commonly arrested for grand theft. For an act to be considered grand theft, the amount of goods stolen must be over $300. If you get caught stealing something valued at over $300 from Walmart, you are highly likely to go to jail and face up to five years in prison and a $5,000 fine. Since grand theft is a felony, you could lose your driver’s license, your right to carry a firearm, your right to vote (until you are reinstated), and even your professional license.
Common Defenses Against Theft Charges
One defense you can raise is that you made a mistake and had no intent of stealing from Walmart. For example, you might have been at self-checkout and forgot to scan an item.
Another common defense is arguing that you were in a rush and placed an item in your bag in the chaos. Perhaps you were at the store with kids and one of them took an item without your knowledge. If you can prove there was no intent to steal, you can often get the charged dropped.
In summation, there are many instances where stealing from Walmart will not result in jail time – unless the value of the stolen goods is above a certain amount – but that does not mean there will not be notable consequences. It is best to work with an experienced criminal defense lawyer from The Umansky Law Firm if you have been charged with shoplifting in Florida.
FAQs
Law §§ 165.40, 165.45. Wal-Mart has little tolerance for shoplifting and is aggressive about stopping suspected shoplifters. The result of a petit larceny or grand larceny shoplifting conviction could include a fine, probation, jail, prison, restitution, plus civil penalties.
What is the punishment for stealing Walmart? ›
PC 459.5 shoplifting is always a misdemeanor crime and punishable by up to six months in a county jail and fine up to $1,000, unless the defendant has one of more prior convictions.
Does Walmart call the cops for shoplifting? ›
"Although anti-theft practices and policies can vary between stores, Walmart will often call the cops for shoplifting offenses. If you are caught shoplifting from a Walmart, a loss prevention officer may reasonably detain you at the store until the police arrive," the site noted.
Does Walmart keep track of shoplifters? ›
Walmart, like many other retailers, has loss prevention personnel to monitor and prevent theft. These individuals may approach you if they suspect you of shoplifting. To detain you, store security usually needs reasonable suspicion or probable cause to believe you've committed or are about to commit theft.
Will Walmart send the police to my house? ›
Will Walmart send police to your house? Wal-mart doesn't “send” police anywhere. If you've committed some sort of a crime, Wal-Mart can report it, and provide police with whatever information they may have, including who you are, and where you live.
What will Walmart do if caught stealing? ›
If you are caught shoplifting, you will be taken to a room and sometimes asked to give a statement. It is never a good idea to speak to loss prevention officers or sign any type of statement. You will not talk your way out of a shoplifting arrest, even by offering to pay for the merchandise.
Does Walmart take stealing seriously? ›
Shoplifting is a crime that is taken seriously by retail establishments and legal authorities alike, especially at large retail stores like Walmart. If caught shoplifting, the immediate consequence involves being apprehended by store security or loss prevention personnel.
Does Walmart build cases on shoplifters? ›
Wal-Mart loss prevention personnel are often the ones who investigate shoplifting incidents on their premises. These individuals may use video surveillance footage, eyewitness testimony, and other evidence to build a case against you. However, this evidence isn't always foolproof.
What happens if you get caught not scanning items at Walmart? ›
When Walmart catches you “forgetting” to scan an item, they will arrest you. They will likely also press charges against you. In many cases, people believe that they will get a slap on the wrist for their shoplifting. However, Walmart has a policy that allows them to press charges.
Does Walmart ban shoplifters? ›
In some cases, you will be banned for a day and other cases you can be banned for life. While Walmart is a large chain store, you are likely going to be able to enter another Walmart without a problem. With that being said, you are also facing a risk when entering other stores after being banned.
How Often Does Walmart Check Their Cameras? With over 5,000 stores worldwide, Walmart has an extensive and state-of-the-art camera surveillance operation. In their branded stores, all security camera footage is streamed back to a central monitoring station.
Can Walmart tell if you steal? ›
Behind the Scenes with TC Devices
These handheld tools provide Walmart employees with a real-time receipt of purchases, allowing them to discreetly monitor transactions and act if they suspect theft.
How to beat facial recognition at Walmart? ›
Methods to Avoid Facial Recognition
- Wear a mask. The simplest way to stay incognito is to wear a mask. ...
- Hats, sunglasses, T-shirt. Facial recognition systems can still recognize you even if you wear a hat or a hoodie hood, sunglasses, and masks.
So, unless a store suspects that a person has committed a crime, they cannot legally force a person exiting a store to present a receipt.
What to do if Walmart accuses you of stealing? ›
5 Things to Do If You're Accused of Shoplifting
- 1: Shopkeepers Privilege.
- 2: Mistakes Happen.
- 3: Remain Calm and Silent.
- 4: Do Not Consent to a Search.
- 5: Request an Attorney.
What happens if you get caught shoplifting at Walmart? Per their company policy, Walmart will not detain or press charges against someone who is caught shoplifting less than $25 worth of goods.
Are you banned for life if you steal from Walmart? ›
You can be banned from Walmart if you are caught stealing or concealing their merchandise. Sometimes, Walmart bans people for as short as 24 hours while other times, they could ban you for life. In the real sense, being banned from Walmart doesn't mean you cannot shop in a Walmart store again.
Can you get fired from Walmart for stealing? ›
If you are fired for workplace theft, whether or not you actually committed the theft, it is important to stay calm, cooperate with any investigation, and hire a criminal defense attorney if needed. Walmart generally will not rehire employees who are terminated due to theft accusations or charges.
