Legal Question in Criminal Law in California

They could charge you with burglary, the offense was complete when you entered the store with the intent to steal. They could also charge you with trespassing and attempted larceny (stealing). If you used force or fear to steal the merchandise you could be charged with attempted robbery.

The short answer is Yes. The longer answer is the crime of theft is complete when you move the item with the intent to deprive the owner of it. So if I take a pack of bubble gum from its shelf and intend to not pay for it, the crime is complete. The bigger question is one of proof. Usually the security for a store wait for the person who took an item , to walk past the registers without paying, and out the store, before they stop the suspect. So if the suspect is stopped within the store, they need other evidence to show the person took the item with intent of not paying for it....That is a different question. Most criminal defense attorneys give free consultations....You should avail yourself of such an attorney...as soon as possible. I wish you the best...David Wallin

Theft is the taking of property with the intent to deprive the owner. Fancy way of saying taking things and having no intent to return them.

It requires taking (gaining control over something) and carrying away (any movement) WITH the intent to steal it. Technically, the crime is committed once you take something and move it with the intent to steal.

The big issue is how do they prove you intended to steal when you're still inside the store? Most stores have their security people wait until the person is outside the store before they stop them - that way they can "prove" they never intended to pay for the item once they left and went outside.

Can they charge you even if you're inside the store? Yes. For example, if you take something, tear off the tag and put it in your pocket, then go past the last cash register before the exit, they can certainly argue you had no intent to pay for that thing based on your actions.

Every case is unique, so you're absolutely going to need a criminal defense attorney to advise you on your particular case. The specifics are going to matter.