Your Court Date Comes First
Shoplifting and theft cases start in one of two ways. Some begin with a ticket and a date to appear in court. Others begin with an arrest and a stay in jail until a bond hearing.
- If you got a ticket: the court and the date are printed on it. Keep the ticket and put the date on your calendar today.
- If you were arrested: a person held on a bailable charge generally must receive a bond hearing within 24 hours, subject to limited exceptions.2
- Either way: keep every paper you were given, including any property receipt and any notice from the court, and go to every court date.
If you are helping a family member who is still in jail, you can gather these papers and make the first call for them.
A bond hearing deals with release while the case is open. It does not decide the charge, and the law doesn't promise any particular terms.2
Is Shoplifting a Felony in South Carolina?
Shoplifting can be either a misdemeanor or a felony in South Carolina, depending largely on the value of the merchandise involved.1
- $2,000 or less: generally a misdemeanor punishable by up to 30 days in jail.
- More than $2,000 but less than $10,000: generally a felony punishable by up to five years.
- $10,000 or more: a felony, and the maximum prison term increases to ten years.1
South Carolina uses similar value thresholds for many larceny charges. Petit larceny covers property valued at $2,000 or less, and grand larceny covers property valued at more than $2,000. The exact offense, property value, and circumstances matter, and the prosecution must prove the elements of the charge.3
These are the general value-based penalties for shoplifting and larceny. Other theft-related offenses and particular circumstances may have different rules.
How Shoplifting Differs From Larceny
Shoplifting includes more than physically taking merchandise out of a store. It can also involve conduct such as altering price tags or transferring merchandise between containers with the required intent.4
Larceny generally involves unlawfully taking another person's property with the intent to deprive the owner of it.4 If you aren't sure which charge you face, the ticket or warrant names it. Bring that paper to any conversation about the case.
A charge is what the police or a store says happened. It is not a finding.
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
Be Careful About Contacting the Store
Returning merchandise, paying a demand, or reaching an agreement with a retailer does not automatically dismiss a criminal charge.5 Before discussing the allegations or signing an agreement, consider getting legal advice. Keep any letters or demands you receive.
Shoplifting allegations sometimes lead to a separate civil demand from the retailer, apart from the criminal case.5
Programs and Your Record
South Carolina's Pretrial Intervention (PTI) program may be available in qualifying cases, subject to statutory eligibility, prosecutorial approval, and program requirements.6 The solicitor decides who is admitted. Other dispositions may be possible depending on the charge and circumstances.
Talk to Us About a Shoplifting or Theft Charge
We start by hearing your side and answering your questions. Bring any receipts or papers you have. We tell you what we see. We don't promise how it will turn out.
We take criminal cases in the Charleston area. Our office is on King Street in downtown Charleston. The first conversation can happen by phone.
If the same incident led to another charge, our criminal defense overview lists the charges we take. Some arrests also include a drug charge; our page on drug charges covers those.
South Carolina Law on This
- Under South Carolina law, shoplifting merchandise valued at $2,000 or less is a misdemeanor triable in magistrates or municipal court. A conviction is punishable by a fine of up to $1,000 or imprisonment for up to 30 days. Shoplifting merchandise valued at more than $2,000 but less than $10,000 is a felony punishable by a fine of up to $1,000, imprisonment for up to five years, or both. When the value of the shoplifted merchandise is $10,000 or more, the offense is a felony punishable by up to ten years in prison.1
- Under South Carolina law, a person arrested and charged with a bailable offense must receive a bond hearing within 24 hours of arrest. If bond is posted and delivered to the jail or detention facility, the person must be released within a reasonable time, not exceeding four hours after the bond is delivered to the facility. These statutory deadlines do not guarantee that bond will be granted or determine the amount or conditions of bond.2
- Under South Carolina law, larceny of property valued at $2,000 or less is petit larceny, a misdemeanor triable in magistrates or municipal court. A conviction carries a fine of up to $1,000 or imprisonment for up to 30 days. Larceny of property valued at more than $2,000 is grand larceny, a felony. If the property is valued at more than $2,000 but less than $10,000, the maximum prison sentence is five years. If the property is valued at $10,000 or more, the maximum prison sentence is ten years. Grand larceny may also be punished by a fine in the court's discretion.3
- Under S.C. Code § 16-13-110, shoplifting involves specific conduct concerning merchandise offered for sale. It covers more than taking merchandise out of a store and can include altering price tags or transferring merchandise between containers with the intent to avoid paying the full retail price. Larceny is a broader theft offense that generally involves unlawfully taking another person's property with the intent to deprive the owner of it. The offenses have different legal elements, even though their penalties may be similar.4
- Returning merchandise, paying a retailer's demand, or reaching an agreement with a retailer does not automatically dismiss a criminal shoplifting charge. Shoplifting allegations sometimes generate separate civil demands from the retailer.5
- South Carolina's Pretrial Intervention (PTI) program is administered under the supervision and control of each circuit solicitor. The solicitor exercises discretion in determining admission, subject to applicable statutory requirements. A person who successfully completes PTI receives a noncriminal disposition of the pending charge. Under South Carolina law, this means dismissal without prejudice to the State's ability to seek reinstatement of criminal proceedings. Following the disposition, the person may apply for a court order to destroy official arrest records, subject to statutory exceptions. South Carolina law generally excludes certain charges from PTI consideration, including driving under the influence (DUI), driving with an unlawful alcohol concentration (DUAC), specified traffic offenses, blackmail, crimes of violence as defined by statute, and certain domestic violence offenses involving a prior domestic violence conviction. The statute provides an exception to these exclusions when the solicitor determines that the elements of the crime do not fit the charge. Admission to PTI is not guaranteed.6
- South Carolina law provides for expungement of certain criminal records under specific statutory circumstances. S.C. Code § 17-22-910 identifies several categories of records for which expungement applications are administered through circuit solicitors' offices. These include certain first-offense summary court convictions, qualifying youthful offender convictions, certain first-offense drug convictions, conditional discharges, successful completion of Pretrial Intervention (PTI), the Alcohol Education Program and Traffic Education Program, qualifying fraudulent-check offenses, certain juvenile records, and charges that end in dismissal or acquittal. Each category has separate statutory requirements, restrictions, and procedures. Most adult criminal convictions are not eligible for expungement under South Carolina law, and the inclusion of an offense category in the statute does not establish that a particular person's record qualifies.7
Frequently Asked Questions
Is shoplifting the same as larceny?
Not exactly. Shoplifting involves specific conduct concerning merchandise offered for sale, including certain actions intended to avoid paying the full retail price. Larceny is a broader theft offense involving another person's property. The offenses have different legal elements, even though their penalties may be similar.4
Will a shoplifting charge stay on my record?
A conviction can create a criminal record that affects employment, licensing, and other opportunities. Depending on the charge and your history, alternatives such as Pretrial Intervention may be available, and the solicitor decides who is admitted.6 Some dismissed charges and qualifying convictions may be eligible for expungement under South Carolina law.7 Eligibility is not automatic, so it is important to review the specific charge and your record.
Can a family member help with the first steps?
Yes. Someone you trust can help gather the ticket, the property receipt and any court notice, and can make the first call for you. The first conversation can happen by phone.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
