Before 2014, walking into a store with the intent to steal could result in felony burglary charges regardless of how little you planned to take. Proposition 47 changed that. The law created a new shoplifting offense that treats many commercial entry cases as misdemeanors instead of felonies. Understanding this distinction matters if you’re facing charges.
What Prop 47 Actually Did
California voters passed Proposition 47 in November 2014. The law reclassified several nonviolent property crimes from felonies to misdemeanors, including simple drug possession and certain theft offenses.
For shoplifting specifically, Prop 47 created Penal Code 459.5. This statute defines shoplifting as entering a commercial establishment during regular business hours with the intent to steal merchandise worth $950 or less.
Our friends at Seyb Law Group point out that before this law existed, the same conduct could be charged as second-degree burglary, a wobbler offense that prosecutors often filed as a felony. Now, qualifying cases must be charged as misdemeanor shoplifting.
Who Qualifies for Misdemeanor Treatment
The law sets specific requirements. All of these must apply for your case to qualify as misdemeanor shoplifting:
- You entered a commercial establishment, not a residence
- The business was open during regular business hours
- Your intent was to steal property valued at $950 or less
- You don’t have disqualifying prior convictions
Certain prior convictions exclude you from Prop 47 treatment entirely. These include serious or violent felonies listed under Penal Code 667(e)(2)(C)(iv), sex offenses requiring registration, and certain prior theft convictions.
A burglary lawyer can evaluate whether your criminal history disqualifies you from misdemeanor treatment.
When Felony Charges Still Apply
Prop 47 didn’t eliminate commercial burglary. It narrowed when prosecutors can charge it.
Felony burglary charges remain available when:
- The value of intended theft exceeds $950
- You entered outside regular business hours
- You entered with the intent to commit a felony other than theft
- You have disqualifying prior convictions
- You entered a residence, which is always first-degree burglary
Prosecutors sometimes charge felony burglary by alleging the value exceeded $950 or that you intended to commit multiple thefts totaling more than $950. They may also argue you intended to commit a different felony like fraud or forgery.
Resentencing for Old Convictions
Prop 47 also allowed people with old felony convictions to petition for resentencing. If your prior conviction would qualify as a misdemeanor under the new law, you could ask the court to reduce it.
The deadline for resentencing petitions was November 2022, but some exceptions exist. If you have an old felony shoplifting conviction that might qualify, consult with an attorney about your options.
Ongoing Legal Battles
Prop 47 remains controversial. Some argue it contributed to increased retail theft. Others point out it reduced prison populations and saved the state money that funds rehabilitation programs.
Recent legislative efforts have attempted to modify or roll back parts of the law. Courts continue interpreting its boundaries. What qualifies as “regular business hours” or how to calculate the $950 threshold for multiple items are questions that still generate litigation.
Protecting Your Rights
If you’re facing shoplifting or commercial burglary charges, the specific facts determine whether Prop 47 applies to your case. The difference between a misdemeanor and felony affects your freedom, your record, and your future.
A lawyer will analyze every detail to determine whether you qualify for misdemeanor treatment and fight to protect you from felony consequences. Reach out to an attorney to discuss your situation and understand what options may be available.