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Petty Theft Myrtle Beach: Why You Need a Lawyer

Shoplifting Arrest in Myrtle Beach

Shoplifting arrests are common in Myrtle Beach due to the city’s heavy tourism, outlet malls, beachfront retail districts, and seasonal crowds. What many people assume is a minor mistake can quickly escalate into a criminal charge with lasting consequences. South Carolina law treats shoplifting as a theft offense, and convictions can affect employment, housing opportunities, and future criminal exposure.

At The Lovely Law Firm, our Myrtle Beach criminal defense attorneys represent individuals charged with shoplifting and related theft offenses throughout Horry County. Understanding how South Carolina law defines shoplifting, how it differs from other theft crimes, and what penalties apply is the first step toward protecting your record.

South Carolina Law Prohibiting Shoplifting

Shoplifting is specifically prohibited under South Carolina Code § 16-13-110, which makes it unlawful to knowingly take merchandise from a retail establishment without paying the full retail value. The statute applies even when the merchandise never leaves the store. Under § 16-13-110, shoplifting is considered to be…

  • Taking possession of goods with the intent to deprive the merchant of value
  • Concealing merchandise inside clothing, bags, or containers without paying for them
  • Altering price tags or labels
  • Transferring merchandise from one container to another
  • Causing a register to ring up a lower price on an item than intended

Retailers in Myrtle Beach are permitted under this South Carolina statute to detain a suspected shoplifter in a reasonable manner and for a reasonable time while law enforcement is contacted, and the retailer is waiting for them to arrive on scene.

Shoplifting vs. Other Theft Crimes in South Carolina

Shoplifting is only one category of theft under South Carolina law. The state distinguishes between retail theft and general theft offenses based on the circumstances of the alleged crime.

Shoplifting Under § 16-13-110

Shoplifting applies only to theft in retail settings and involves merchandise offered for sale, such as clothing, groceries, home decor, etc. This state statute oversees most petty theft Myrtle Beach cases that arise from stores, outlets, and shopping centers.

General Theft and Larceny Under § 16-13-30

Other theft crimes typically fall under South Carolina Code § 16-13-30, which covers theft of property that does not involve items at a retail establishment. This can include:

  • Stealing personal property from another individual
  • Theft from vehicles
  • Theft of tools, electronics, or equipment
  • Misappropriation  of entrusted property or funds

The value of the property will determine whether the offense is charged as a misdemeanor or felony under South Carolina law.

Petty Theft Myrtle Beach and Property Value Thresholds

The value of the merchandise or property is the primary factor in determining how shoplifting and theft cases are charged in Myrtle Beach. Thresholds have been put into place to determine whether a theft is charged as a misdemeanor or escalated to a felony.

Misdemeanor & Felony Theft and Shoplifting

To determine whether a petty theft case is going to be charged as a misdemeanor, the following value thresholds under South Carolina law provide guidance:

  • $2,000 or less is considered to be misdemeanor theft
  • More than $2,000 but less than $10,000 is considered to be felony theft
  • $10,000 or more is considered a higher-level felony theft

Most shoplifting arrests in Myrtle Beach involve merchandise that is valued under $2,000 and are prosecuted as misdemeanors. These are often referred to as petty theft Myrtle Beach cases, even though the legal terminology focuses on misdemeanor theft.

Petty Theft Misdemeanor First Offense in Myrtle Beach

A petty theft misdemeanor, first offense in South Carolina, is charged when a person has no prior theft convictions, and the stolen merchandise’s value is low. While the legal consequences of a first offense are less severe than repeat violations, it still carries serious penalties. Under § 16-13-110, the penalties in South Carolina for a first shoplifting conviction involving merchandise valued at $2,000 or less may include…

  • A fine of up to $1,000
  • Jail time of up to 30 days
  • Court costs and surcharges
  • A permanent criminal record

Judges in Myrtle Beach may also order the defendant to pay restitution to the retailer and require participation in theft prevention or diversion programs as part of their sentencing, depending on eligibility.

Second and Subsequent Shoplifting Offenses in Myrtle Beach

South Carolina law increases penalties significantly for those who have repeat shoplifting convictions, even if the value of the merchandise is low.

Under South Carolina statute§ 16-13-110, penalties are as follows:

  • Second offense:
    • Can be a felony or a misdemeanor
    • Fine up to $2,000
    • Jail time of up to 30 days
  • Third or more offenses:
    • Classified as a felony
    • Up to 5 years in prison
    • Fines are determined by the court

A prior shoplifting conviction from any South Carolina court can be used to increase legal penalties in Myrtle Beach, making early legal representation extremely important.

Felony Theft and High-Value Shoplifting Charges

When the value of stolen merchandise exceeds $2,000, South Carolina prosecutors may pursue felony theft charges rather than charges for petty theft in Myrtle Beach. Felony theft cases in South Carolina are governed by § 16-13-30 and carry far more severe penalties. Felony theft penalties may include the following:

  • Up to 5 years in prison for property valued between $2,000 and $10,000
  • Up to 10 years in prison for higher-value theft
  • Substantial fines
  • Long-term probation
  • Loss of civil rights and employment barriers

Tourist areas and large retail outlets in Myrtle Beach frequently report theft amounts that cross misdemeanor thresholds into felony charges, especially when multiple items are aggregated into a single charge.

Shoplifting Charges Involving Minors in South Carolina

Minors who are charged with shoplifting in Myrtle Beach are usually prosecuted in family court, but the legal consequences can still affect a minor’s education, scholarships, and future opportunities. South Carolina law allows juvenile courts to impose probation, restitution, community service, and mandatory counseling as legal penalties for shoplifting. In some cases, minors who are charged repeatedly or involved in organized retail theft may face more serious court intervention or be prosecuted as adults.

Civil Liability for Shoplifting in South Carolina

On top of criminal penalties, shoplifting defendants may face civil liability under South Carolina § 16-13-140, which is also known as the Shopkeepers Statute. This allows retailers to pursue civil recovery. Retailers may demand…

  • The defendant pays back the retail value of the merchandise
  • Implemented additional civil penalties up to statutory limits
  • The defendant covers administrative and recovery fees

These civil demands by retail business owners are separate from the criminal case and often arrive by mail shortly after an arrest in Myrtle Beach.

Common Defenses to Theft Charges in Myrtle Beach

While they may seem to be similar, every shoplifting case depends on its specific facts, including surveillance footage, witness statements, and store procedures. Defense strategies for petty theft and felony theft charges often focus on intent, identification, and procedural errors. Potential defenses that our team at The Lovely Law Firm may build involve…

  • Lack of intent to permanently deprive the retailer
  • Accidental concealment or misunderstanding
  • Improper detention by store personnel
  • Faulty surveillance footage or missing evidence
  • Violations of constitutional rights during arrest

At The Lovely Law Firm, our Myrtle Beach criminal defense lawyers review every detail of the shoplifting arrest to challenge weak or unlawful cases, in an effort to obtain the best outcomes for our clients.

Why You Need a Lawyer When Charged with Theft in Myrtle Beach

Facing a shoplifting charge for petty theft in Myrtle Beach can carry consequences that extend well beyond the courtroom, which is why working with a Myrtle Beach criminal defense attorney can make a meaningful difference in the outcome. Even a petty theft misdemeanor first offense in Myrtle Beach can remain on a criminal record for years, which can affect…

  • Employment opportunities
  • Housing applications
  • Professional licensing 

 

A shoplifting lawyer from our team at The Lovely Law Firm can evaluate the circumstances surrounding an arrest, identify weaknesses in the prosecution’s evidence, and pursue opportunities to reduce or dismiss charges when it is possible.

Shoplifting cases in Myrtle Beach are often prosecuted aggressively due to the city’s strong retail and tourism economy, which makes up the community. Retailers in the area frequently work closely with law enforcement, and prosecutors often seek convictions for shoplifting charges to discourage recurring theft from the defendant, as well as set an example to the community in high-traffic shopping areas. Legal representation in shoplifting cases provides protection against rushed plea agreements and helps charged persons understand their rights, potential defenses, and available legal options while working toward the most favorable outcome for their case.

Criminal Defense Representation for Shoplifting at the Lovely Law Firm in Myrtle Beach

Shoplifting charges under South Carolina law carry serious consequences that often extend far beyond the initial arrest, with penalties that become increasingly more severe for repeat offenses or higher-value allegations. Whether someone is facing a petty theft misdemeanor first offense, a second petty theft Myrtle Beach charge, or a felony theft accusation, having strong legal representation can make a significant difference in the direction and outcome of the case.

Our team at The Lovely Law Firm represents individuals throughout Horry County who have been accused of shoplifting and other theft-related offenses. Our shoplifting attorneys have extensive knowledge of South Carolina theft statutes, local court procedures, and the approaches that prosecutors commonly use to pursue retail theft cases. Early legal representation can create opportunities to…

  • Pursue case dismissals
  • Negotiate charge reductions
  • Seek alternative resolutions when available

The Lovely Law Firm is dedicated to protecting the rights and futures of individuals in Myrtle Beach and surrounding communities who have been accused of shoplifting and theft by delivering focused and strategic criminal defense services. 

 

Every case is different. Results vary.