A shoplifting arrest in St. Louis results in a theft charge being placed on your record – not just a slap on the wrist. In Missouri, there is no separate statute for shoplifting. Under RSMo § 570.030, each shoplifting case is treated as if it were stealing, and penalties range from a $500 fine to ten years in prison, depending on the value of what was stolen and your criminal history.
The Arrest and Booking Process
When store security detains you and calls the police, officers typically place you under arrest if they have probable cause. You will be transported to a St. Louis City or County facility for fingerprinting, taking a mugshot, and entering the criminal database. Depending on the level of charge and your record, you may be held until a bail hearing or released with a summons to appear.
One thing many people don’t realize is that the store can also send you a separate civil demand letter after an arrest. That letter is not from a court. It is a private request for money from the retailer and paying it will not resolve your criminal case.
How Missouri Classifies the Charge
The charge you face will depend almost entirely on the value of the stolen merchandise.
- If the value is under $150 and this is your first offense, you may face a Class D misdemeanor charge, which could result in a fine of up to $500.
- However, if you have prior stealing convictions or if the value is between $150 and $750, you could face a Class A misdemeanor, which could include up to one year in jail and a fine of $2,000.
- For values between $750 and $25,000, it is likely that you will face a Class E or D felony charge. This could result in four to seven years in prison.
- Finally, for values over $25,000, you are likely to face a Class C felony, which could lead to up to ten years in prison and a fine of $10,000.
Prior convictions make this situation worse quickly. Under RSMo § 570.040, two previous theft convictions within the last ten years can escalate a new charge to a Class D felony, even if the goods were worth next to nothing. Prosecutors in St. Louis aggressively charges repeat offenders.
Arraignment and What Comes Next
After booking, you will receive a court date for arraignment. At that time, you can enter your initial plea. Pleading not guilty at this stage preserves all options you have – it does not mean that you are locked into a trial. Instead, it simply keeps the door open for your lawyer to review the evidence, challenge facts, and negotiate with prosecutors.
The case then moves to discovery, where your lawyer can examine store surveillance footage, loss prevention reports and police documentation. These materials are important. Value disputes are common. If a store has inflated an item’s value to push the charge into a higher category, that can be challenged directly.
Diversion May Be Available
The St. Louis Circuit Attorney’s Office maintains a Diversion Unit specifically for non-violent offenses. Eligible individuals – typically those with little or no criminal history, or with a record older than five years – may be assigned to the program instead of facing traditional prosecution. The diversion programs last from six to eighteen months. Successful completion of the program results in the charge being dismissed entirely.
This is not automatic. You need to qualify and the decision is made by the prosecutor’s office. An attorney can make a real difference in whether diversion is offered and whether you can actually access it.
The Long-Term Consequences Nobody Mentions
Even a misdemeanor conviction for theft follows you. Background checks for employment, housing applications, and professional licensing boards all see it. Non-citizens face additional exposure: a conviction for theft can trigger immigration consequences, including problems with visa status or residency. And that first-time guilty plea, which “only” resulted in a fine? It counts as prior if you’re ever charged again.
Talk to a Criminal Defense Attorney Before You Do Anything Else
A shoplifting charge is not something that can be handled alone or pleaded out quickly. The classification of the charge, your previous record, the strength of the evidence, and whether diversion is applicable – all these things need a real analysis before any decisions are made.
At Mueller Law Group, LLC, attorney David Mueller has spent his entire career in criminal defense. He knows the St. Louis courts, knows how prosecutors approach theft cases, and knows how to create a strategy to protect your record and future. Contact us today for a consultation before your first court date.