Introduction
Many people assume that shoplifting is a minor offense with minor consequences. But under Minnesota law, shoplifting is legally treated as theft — and yes, it can lead to jail time depending on the value of what was stolen, your prior record, and how the crime was committed.
In this blog, we’ll break down when shoplifting in Minnesota becomes a criminal offense, what penalties you might face, and how Martine Law can help if you’re facing charges.
How Minnesota Defines Shoplifting
Minnesota does not have a specific “shoplifting” statute. Instead, it classifies shoplifting under its broader theft laws, specifically Minnesota Statutes § 609.52. Theft includes:
- Taking property without consent
- Altering or removing price tags
- Concealing merchandise with the intent to steal
- Using false information to obtain goods
- Failing to pay for services
In a retail setting, all of these actions can be prosecuted as shoplifting.
Is Shoplifting a Misdemeanor or Felony in Minnesota?
The classification depends largely on the value of the stolen items and whether the person has prior theft-related convictions.
Misdemeanor Shoplifting (Value Under $500)
- Charge: Petty misdemeanor or misdemeanor
- Penalty: Up to 90 days in jail and/or a $1,000 fine
- This is the most common charge for first-time shoplifters
Gross Misdemeanor Shoplifting (Value $500 to $1,000)
- Charge: Gross misdemeanor
- Penalty: Up to 1 year in jail and/or a $3,000 fine
Felony Shoplifting (Value Over $1,000 or Repeat Offenders)
- Charge: Felony theft
- Penalty: Up to 5 to 20 years in prison depending on the value and circumstances
- Includes theft involving weapons, organized retail theft, or theft from vulnerable adults
Learn more about these classifications from the Minnesota Judicial Branch.
Can Shoplifting Lead to Jail Time?
Yes — even a first-time offense can result in jail time, especially if:
- The value of the stolen merchandise is significant
- You have prior criminal convictions
- The act involved planning or intent to resell stolen items
- You resist or flee from law enforcement
While judges often consider alternatives to jail for first-time offenders, jail is very much on the table, particularly for repeat or high-value offenses.
Civil Penalties in Addition to Criminal Charges
In addition to criminal penalties, Minnesota law allows civil recovery for shoplifting. A retailer can sue you for:
- The retail value of the stolen goods
- Damages of up to $500
- Legal fees and court costs
This is separate from any criminal proceedings and could add a serious financial burden even if you avoid jail.
Shoplifting and Your Criminal Record
Even if you avoid jail, a conviction for shoplifting will go on your permanent criminal record. This can impact your:
- Job applications
- Housing opportunities
- Financial aid eligibility
- Immigration status (for non-citizens)
- Professional licensing
At Martine Law, we focus on strategies to keep your record clean — including plea negotiations, diversion programs, or dismissal.
First-Time Offender Programs
Minnesota counties often offer diversion programs for first-time offenders. These may include:
- Community service
- Anti-theft classes
- Restitution
- Probation without conviction
Successfully completing the program may result in the charges being dropped, keeping your record clean. However, these options are not guaranteed and depend on the county and case details.
What to Do If You’re Caught Shoplifting
If you’ve been accused or arrested for shoplifting:
- Stay calm and avoid confrontation with store security or law enforcement
- Do not admit guilt or sign anything without legal advice
- Contact a criminal defense attorney immediately
- Preserve any video or witness evidence that may help your case
- Document your side of the story as soon as possible
Even if you think the situation is minor, remember that anything you say can be used against you in court.
Defenses Against Shoplifting Charges
At Martine Law, we’ve successfully defended clients using a range of legal strategies:
- Lack of intent: You forgot to pay or misunderstood the checkout process
- Mistaken identity: Someone else committed the crime
- Unlawful detention or search: Store security violated your rights
- Mental health or cognitive issues: You were not fully aware of your actions
- First-time offender status: You qualify for alternative resolutions
Each case is different, and we build a tailored defense based on your specific circumstances.
Can Shoplifting Be Expunged in Minnesota?
In many cases, yes. If you were:
- Acquitted
- Charges were dismissed
- You completed diversion successfully
- You completed your sentence and met the waiting period
You may be eligible for expungement, which seals your record from public view. Learn more about expungement eligibility from LawHelpMN.
Why Hire Martine Law?
Facing a shoplifting charge can be overwhelming — but you don’t have to go through it alone. At Martine Law, we work quickly to:
- Review all evidence
- Negotiate with prosecutors
- Avoid or minimize jail time
- Seek alternatives to conviction
- Protect your criminal record and future
We’ve helped many Minnesotans just like you fight shoplifting charges with confidence.
Final Thoughts
Shoplifting may seem like a petty crime, but the consequences are very real. Jail time, fines, and a permanent criminal record can follow you for years. Whether this is your first offense or a repeat charge, understanding your rights and legal options is critical.
Contact Martine Law today to schedule a free consultation and take control of your case.