Manhattan Beach, Shoplifting from Fry's, Plea to Infraction

Our client, age 55, took a computer cable worth $6.99 without paying for it from Fry’s in Manhattan Beach. He was stopped by the electronics store’s loss prevention employees a few feet outside the store and later picked up by the Manhattan Beach Police Department, who took him to the police station for booking. It was our client’s first ever criminal offense.

Summary in 50 Words or Less: Client, age 55, uses a pocket knife to open a package and take a computer cable worth $6.99 from the Manhattan Beach Fry’s without paying. Client was then arrested and booked. He faced a misdemeanor case and was clearly guilty, but case resolved for an infraction with no probation and just a fine to pay.

Earlier in the day, when our client was in the Manhattan Beach Fry’s, he carried the package containing the cable to an aisle several aisles away. Once there, he opened up the package, removed the cable using a pocket knife. This was clearly documented on a high-quality store security video as one might expect from an electronics store selling such items.

Our client then put the cable in his coat pocket. He then left the opened box in the aisle. Little did he know, but the store’s high definition security video cameras were recording his every move – and loss prevention was watching the monitors. Once our client attempted to leave the store without paying, he was stopped.

After his arrest, our client was dumbfounded at being charged with a misdemeanor for such an item of such small value. He said a warning was all that was necessary. However, as he was to later understand, it is not so much the value of the item taken as the act of stealing and the mental intent to do so that is more significant than the value of the item stolen.

The client called Greg Hill & Associates after being released from the Manhattan Beach police station, stunned that the store and the police considered the incident so serious. He thought he could just pay the price of the cable and the store would have been happy. He was then amazed that the police reported to the store and handcuffed him, took to the station and booked him on a charge of violating Penal Code § 484(a), “petty theft.” He kept saying “it was no big deal.”

Greg explained that many stores, including the “big box” stores often have a zero-tolerance policy toward any theft so as to not encourage minor theft or enable such conduct. While he empathized with the client, he did not agree that the arrest was a mistake. As Greg explained to the client, it was the mindset that was the issue, not so much the value of the item actually stolen. The client said he understood.

Torrance Courthouse

---