On Saturday, police officers responded to a Walmart in Irvine after a man loaded up a backpack with items and fled from a loss prevention officer, according to the Irvine Police Department.
The IPD police dispatchers checked nearby traffic cameras and found the suspect playing an intense game of hide-and-seek inside a bush. The responding police officers were not impressed by his camouflage skills.
After a short foot pursuit, the 31-year-old from Santa Ana was arrested and booked for resisting arrest, shoplifting, and possession of drug paraphernalia.
Penalties Faced by the Suspect
Based on the charges described and current California law as of January 2026, the suspect faces varying penalties depending on their criminal history and the specific value of the items taken.
Shoplifting (Penal Code § 459.5)
The penalties for shoplifting have recently become more severe due to the passage of Proposition 36, which took effect in late 2024.
- Standard Misdemeanor: If the items are valued at $950 or less and the suspect has no major prior convictions, the typical penalty is up to six months in county jail and a fine of up to $1,000.
- Felony (Repeat Offenders): Under Proposition 36, if the suspect has two or more prior theft convictions (such as petty theft, shoplifting, or burglary), this charge can be elevated to a felony even if the stolen items are worth less than $950. A felony conviction carries a sentence of 16 months, 2 years, or 3 years in county jail or state prison and fines up to $10,000.
- Grand Theft Alternative: If the value of the items in the backpack exceeded $950, the suspect could instead face grand theft charges, which is a “wobbler” carrying up to three years in prison.
Possession of Drug Paraphernalia (Health & Safety Code § 11364)
This charge is generally classified as a misdemeanor in California.
- Jail Time: Up to six months in county jail.
- Fines: A maximum fine of $1,000, plus additional court costs.
- Diversion Programs: First-time offenders may be eligible for drug diversion programs that, if successfully completed, can lead to the dismissal of the charges.
Resisting Arrest (Penal Code § 148(a)(1))
While the prompt does not list the specific California code, “resisting arrest” typically refers to willfully resisting, delaying, or obstructing an officer.
- Penalties: This is usually a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000.
Additional Legal Consequences
- Probation: New laws (AB 2943) have extended the permissible probation period for shoplifting and petty theft from one year to two years.
- Retail Restraining Orders: Under AB 3209, a court may issue a “retail theft restraining order,” prohibiting the suspect from entering Walmart or other locations of the same establishment for up to two years.
- Restitution: The suspect will likely be required to pay restitution to Walmart and may receive a civil demand letter for the cost of the stolen goods.