Retail theft is a major concern around the holidays, and two men who were charged with the crime in Colorado recently attempted to argue that their felony charges should be thrown out because the items they stole were on sale.
As we’ve talked about on the blog in the past, retail theft and shoplifting charges are usually assigned based on the total value of the goods that were stolen. In this instance, the pair of men were charged with stealing $2,100 worth of KitchenAid appliances and clothes from different Kohl’s stores. In Colorado, theft of goods between $2,000 and $5,000 is a Class 6 felony. The pair argued that the valuation put on the items was unfairly high because someone buying the items with common Kohl’s coupons would have been able to purchase the items for less than $2,000. The pair requested that the jury consider these discounts and reduce the felony charge to a misdemeanor.
Sale Price And Retail Value
The district attorney argued that sales and discounts are for paying customers and does not apply to situations of theft. Ultimately, the jury sided with the district attorney, convicting the pair of felony-level theft.
“Just because an item is ‘on sale’ doesn’t mean it’s free to steal, and these defendants now get to think about this lesson in jail and prison,” District Attorney John Kellner said. “Retailers in our community are fed up with theft and my office will actively prosecute these offenders.”
One of the men who was currently in the Department of Corrections on a separate conviction was sentenced to 15 months in prison for the crime, while the second man was sentenced to 90 days in jail with credit for time served as a condition of 18 months of probation.
It certainly was an interesting case, but it’s clear that the value of the item is determined by the retail price listed by the store, as that is what a normal individual would have to pay to acquire the item if they simply brought it up to the register and tried to pay. Since the pair never intended on purchasing the items, they don’t get the benefit of any coupons on Kohls Cash that they may have had in their wallets.
It may seem like a victimless crime to steal from a big box store, but retail theft costs businesses billions of dollars a year, and they won’t take theft lightly. The greater the sticker price of the stolen item, the more severe the charge will be. Every year we see an uptick in theft cases from the Mall of America and surrounding stores this time of year, and these are usually very hard cases to win. Surveillance cameras and other video evidence oftentimes makes these cases rather open and shut, and while we’ll do everything we can to get the charges reduced or earn a favorable plea deal, your best bet is to simply pay for your merchandise and avoid any temptation to take the five finger discount.
If you need assistance fighting a retail theft charge or similar criminal matter this winter, let us be a professional resource. For help with your case or to set up a free case review session, give Avery and the team at Appelman Law Firm a call today at (952) 224-2277.
