In Mississippi, the value of the property stolen is the critical dividing line. Property under $1,000 is petit larceny (misdemeanor under Miss. Code § 97-17-43); property of $1,000 or more is grand larceny (felony under § 97-17-41), with penalties increasing at $5,000 and $25,000. Shoplifting charges under § 97-23-93 become felony offenses on a third conviction. Valuation disputes, lack of intent, and first-offender non-adjudication defenses can save your record.
- Under $1,000: petit larceny misdemeanor; jail up to 1 year, fines up to $1,000
- $1,000–$5,000: grand larceny felony; 1–5 years prison, fines up to $5,000
- $5,000–$25,000: grand larceny felony; 3–10 years prison, fines up to $25,000
- Over $25,000: grand larceny felony; up to 10 years prison
- Third shoplifting offense: felony charge; first/second = misdemeanor
- First offenders may qualify for non-adjudication or diversion to keep record clean
Experienced Theft & Shoplifting Defense in South Mississippi
A theft or shoplifting charge can derail your education, employment, and professional reputation, especially if the charge escalates from misdemeanor to felony. Whether you face a petit larceny accusation at Turtle Creek Mall, a grand larceny charge, or a third-offense shoplifting count, the stakes are high. For over 45 years, Lowrey, Fortner, & Miri P.A. has defended individuals in Forrest County, Lamar County, Jones County, and South Mississippi against larceny charges. We know how to challenge valuations, expose loss-prevention overreach, and fight for non-adjudication or diversion to protect your future.
Tom Fortner, a former public defender, and Arman Miri bring decades of criminal defense expertise to every case. For USM students, young professionals, and first-time offenders, a conviction can be avoided or cleared from your record. We fight strategically to minimize penalties, keep felonies off your record when possible, and pursue post-conviction expungement.
Mississippi Theft & Shoplifting Penalties
The statute that applies depends on the value of the property. Property valuation often becomes a contested issue, challenging the retailer's stated value can mean the difference between a misdemeanor and a felony. Here are the charge levels under Mississippi Code § 97-17-43, § 97-17-41, and § 97-23-93.
Miss. Code § 97-17-43 (Misdemeanor). Property worth less than $1,000. Penalties: jail up to 1 year and/or fines up to $1,000. First offenders often qualify for non-adjudication or diversion.
Miss. Code § 97-17-41 (Felony). Penalties: 1–5 years imprisonment and/or fines up to $5,000. A felony conviction carries long-term consequences for employment and licensing.
Miss. Code § 97-17-41 (Felony). Penalties: 3–10 years imprisonment and/or fines up to $25,000. Enhanced penalties reflect the severity of the alleged theft.
Miss. Code § 97-17-41 (Felony). Penalties: up to 10 years imprisonment and/or substantial fines. Treated as the most serious form of larceny.
Miss. Code § 97-23-93 (Misdemeanor). First and second shoplifting convictions are misdemeanors with penalties similar to petit larceny. Many first offenders avoid conviction through diversion programs.
Miss. Code § 97-23-93 (Felony). A third shoplifting conviction within a certain period becomes a felony. This is why each case, even a first or second offense, requires aggressive defense to avoid accumulation.
How Theft & Shoplifting Cases Progress
Understanding the path from arrest to resolution helps you prepare. Here is how a typical theft or shoplifting case moves through Forrest County courts.
You are arrested (often by loss prevention or police) and brought for an initial appearance within 48 hours at Forrest County Justice Court or Hattiesburg Municipal Court. Bond is set; we advise on bail and protect your rights.
Misdemeanor shoplifting cases may proceed by complaint. Felony grand larceny charges go before a grand jury at Forrest County Circuit Court. We challenge probable cause and examine witness credibility.
We obtain police reports, surveillance footage, loss-prevention statements, and the retailer's valuation of the property. Many cases turn on whether the prosecutor can prove the value exceeds $1,000. We challenge inflated valuations aggressively.
For first and some second offenders, we pursue non-adjudication, diversion programs, or deferred adjudication. If you complete the program, the charge does not result in a conviction and can be expunged from your record.
We challenge surveillance reliability, loss-prevention procedures that violated your rights, and witness identification. If the case proceeds to trial, we present evidence of lack of intent, honest mistake, or mistaken identity before a judge or jury.
Whether resolved by acquittal, non-adjudication, or dismissal, we ensure the best outcome. For eligible convictions, we handle post-conviction expungement under Miss. Code § 99-19-71 to clear your record permanently.
Courts That Handle Theft & Shoplifting Cases in Hattiesburg
701 James Street, Hattiesburg, MS 39401. Handles misdemeanor shoplifting and petit larceny charges. Judge presides; no jury trials. Many first-time shoplifting cases are resolved here through diversion or non-adjudication.
700 Main Street, Hattiesburg, MS 39401. Handles misdemeanor cases including petit larceny and early-stage shoplifting charges. Preliminary examinations in felony cases occur here to establish probable cause.
630 Main Street, Hattiesburg, MS 39401 (12th District). Handles grand larceny felony trials and sentencing. Grand jury indictments for felony theft originate here. Jury trials in serious larceny cases are tried before Circuit Court judges.
Defenses in Theft & Shoplifting Cases
The retailer's stated price may not reflect actual market value. A disputed valuation can change the charge from grand larceny felony to petit larceny misdemeanor. We challenge inflated valuations and expert testimony.
Larceny requires intent to permanently deprive the owner of property. Absent-mindedness, honest mistake about payment, or confusion can negate intent. We present evidence of lack of criminal purpose.
Mall and retail surveillance footage may be unclear, grainy, or mislabeled. Loss prevention may have identified the wrong person. We examine video reliability, camera angles, and witness credibility.
Overly aggressive detention, illegal search, or violation of your rights by loss prevention can result in suppression of evidence or a civil claim. We challenge improper procedures that undermine the prosecution's case.
First-time offenders often qualify for non-adjudication, diversion, or deferred adjudication. Successful completion keeps the charge off your permanent record and allows expungement. We aggressively pursue these alternatives.
Retailers often send civil demand letters ($200–$500+) separate from criminal charges. These demands are often excessive or unlawful. We negotiate or advise against payment before it impacts your criminal defense strategy.
Your Theft & Shoplifting Defense Team
Related Criminal Defense Services
Comprehensive state criminal defense for felonies, misdemeanors, and charges at all court levels.
Clear theft, shoplifting, and other charges from your record permanently through expungement under § 99-19-71.
Understand the difference and consequences of felony and misdemeanor charges in Mississippi.
Protect young offenders' records and futures in Mississippi juvenile justice system.
Local criminal defense representation for state and municipal charges in Hattiesburg.
See cases and legal issues that drew media attention, proof of our firm's experience and results.
What Clients Say About Our Defense Team
Rated 4.6 out of 5 from 21 Google reviews • Avvo 5.0 for our lead criminal defense partner
“Armand Miri was my attorney and he was open, honest and straight to the point. He worked so hard for me. I was looking at life and I got 2yrs time served.”
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“Mr. Arman helped me with a serious felony case and was able to work out a favorable outcome for me and my family. I am grateful to him for his help and I think he is the best criminal defense attorney in Hattiesburg, MS.”
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“Mr. Miri represented me in a felony criminal matter and was able to get the case dismissed.”
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Reviews are from actual clients on Google and Avvo. Every case is different, prior results do not guarantee a similar outcome.
Frequently Asked Questions About Theft & Shoplifting Defense
What is the difference between petit larceny and grand larceny in Mississippi?
The key difference is the value of the property stolen. Petit larceny under Mississippi Code § 97-17-43 applies to property worth less than $1,000 and is typically a misdemeanor. Grand larceny under § 97-17-41 applies to property worth $1,000 or more and is a felony. Felony penalties increase for property valued over $5,000 and $25,000. Valuation disputes are common and can mean the difference between a misdemeanor and a felony conviction.
What are the penalties for petit larceny in Mississippi?
Petit larceny (property under $1,000) is a misdemeanor under Mississippi Code § 97-17-43. Penalties include jail time up to one year and fines up to $1,000. A conviction can affect employment, education, housing, and professional licensing. First-time offenders often qualify for non-adjudication, diversion, or deferred adjudication, which keeps the charge off your permanent record.
What are the penalties for grand larceny in Mississippi?
Grand larceny under Mississippi Code § 97-17-41 is a felony. For property valued $1,000–$5,000, penalties include 1–5 years imprisonment and fines up to $5,000. For $5,000–$25,000, penalties increase to 3–10 years. For over $25,000, penalties are up to 10 years imprisonment. A felony conviction carries long-term consequences for employment, professional licensing, voting rights, and gun ownership.
What happens if I'm charged with shoplifting a third time?
Under Mississippi Code § 97-23-93, a third shoplifting offense is elevated to a felony. First and second shoplifting convictions are typically misdemeanors, but a third conviction within a certain period becomes a felony, carrying enhanced prison time and fines. This is why even first and second offenses require aggressive legal defense to avoid accumulation toward a felony conviction.
How is the value of stolen property determined in theft cases?
Property value is typically determined by the retailer's stated price tag or the fair market value of the item at the time of the alleged theft. However, many theft cases turn on valuation disputes. An item's tag price may not reflect actual condition, resale value, or fair market value. Challenging the prosecution's valuation can mean the difference between a misdemeanor and a felony charge, making this defense critical.
Can I get a shoplifting charge off my record as a first offender?
Yes. First-time shoplifting offenders often qualify for non-adjudication, diversion, or deferred adjudication under Mississippi law. If you successfully complete the program, the charge does not result in a conviction and can be expunged from your record. This is especially important for college students, young professionals, and those concerned about employment or career impact. We fight aggressively to preserve these opportunities.
What is a civil demand letter from a retailer, and do I have to pay?
A civil demand letter is a request from a retailer for damages (typically $200–$500 or more) related to the alleged shoplifting, separate from the criminal charge. You are not legally required to pay, but the retailer may sue you in civil court if you refuse. Demands are often excessive or unlawful. Before paying, consult with your criminal defense attorney, your response affects your criminal case and may be used against you.
Which court in Hattiesburg will hear my theft or shoplifting case?
Shoplifting misdemeanors and petit larceny cases are typically heard in Hattiesburg Municipal Court (701 James Street) or Forrest County Justice Court (700 Main Street). Grand larceny felonies are prosecuted in Forrest County Circuit Court (630 Main Street, Hattiesburg, 12th District). The specific court depends on the charge severity and where the alleged offense occurred. We handle cases in all these courts.
Can I expunge a theft or shoplifting conviction from my record?
Yes. Under Mississippi Code § 99-19-71, certain theft and shoplifting convictions can be expunged from your criminal record after a waiting period. First-time offenders with non-adjudication, diversion, or successful completion of deferred programs are eligible sooner. Expungement removes the conviction from public view and allows you to say truthfully that you were not convicted. We guide you through the entire expungement process.
What defenses do you use in theft and shoplifting cases?
We challenge valuation disputes, lack of intent (showing absent-mindedness or honest mistake), mistaken identity, surveillance reliability, and loss-prevention overreach. We examine video footage, interview witnesses, and scrutinize police procedure. For first offenders, we pursue non-adjudication or diversion to keep your record clean. Each case is unique; we develop a customized defense strategy based on the facts and your goals.
I'm a USM student facing a shoplifting charge, can this affect my education?
Yes, a conviction can affect your academic standing, financial aid eligibility, and future career prospects. Many employers and professional licensing boards conduct background checks. A felony conviction on your record can disqualify you from certain careers. We work aggressively to secure non-adjudication, diversion, or acquittal so your record remains clean and your future trajectory stays on track. For USM students, your education and career matter. Let us fight for your future.
Can you help with a Turtle Creek Mall theft or shoplifting case?
Yes. We represent clients charged with theft and shoplifting at Turtle Creek Mall and all Hattiesburg retail locations. Loss-prevention officers sometimes make mistakes in identification, detention procedures, or evidence handling. We investigate mall surveillance footage, interview witnesses, and challenge loss-prevention procedures that may have violated your rights. Our criminal defense team knows how to defend retail theft cases effectively.
How much does a theft or shoplifting defense cost?
Costs vary based on charge severity, whether it is a misdemeanor or felony, and whether the case settles or goes to trial. Misdemeanor shoplifting cases typically cost less than grand larceny felonies. We offer transparent fees and may work out payment plans. The investment in aggressive defense, especially to protect your record and avoid a felony conviction, is far less than the long-term cost of a conviction on your record.