Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published July 2, 2026
In every state, the value of what was taken drives the charge: below a dollar threshold it's a misdemeanor, above it a felony. Where that line sits varies widely by state — see the table on this page. Even a first misdemeanor can carry jail exposure, fines, and a record, but first-time offenders often have better options than they expect.
The dollar value sets the charge
States charge shoplifting in tiers keyed to the value of the merchandise. Small amounts are petty or ordinary misdemeanors; crossing the state's felony threshold turns the same conduct into a felony with dramatically higher stakes.
Separate incidents can be added together
If prosecutors can show multiple thefts were one scheme or course of conduct, many states let them combine the values to reach a higher tier. This is common in retail-theft cases built from store video spanning several visits.
A civil demand letter is not the criminal case
Stores often mail a letter demanding a few hundred dollars for their losses. Paying it is voluntary and does not dismiss or settle the criminal charge — the two run on completely separate tracks.
Common defenses
No intent to steal (you forgot the item was in your hand or cart), mistaken identity, mismarked prices, an unlawful stop or search by store security, and cases resting on a single guard's word with no video.
Diversion can keep a record clean
Many courts offer pre-prosecution diversion or conditional discharge for first-time misdemeanor shoplifting. Completing the program — classes, community service, restitution — usually ends in dismissal with no conviction on your record.
Shoplifting felony threshold by stateCompare the felony theft threshold in all 50 states.
This is the dollar value of stolen goods at which shoplifting or ordinary theft stops being a misdemeanor and becomes a felony in each state. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."