A misdemeanor shoplifting charge carries a sentence of up to a year in jail. Call (212) 587-8423.Elements of the Case. In the shoplifting setting, an attorney could argue that there was just a misunderstanding and security made the wrong assumption. False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely. In this post, I'm going to describe the antecedent tort to Shopkeeper's Privilege, namely what False Imprisonment involves. If the detainee did not shoplift, then the guards (and their employer, and the store) are liable for false imprisonment, assault, etc. False Imprisonment And Shoplifting Accusations: Do I Have A Claim? Shoplifting false imprisonment is defined as the unlawful restraint of a retail theft suspect that affects their freedom of movement. Shoplifting false imprisonment is defined as the unlawful restraint of a retail theft suspect that affects their freedom of movement.