What Is Price Tag Switching Under Florida Law?

Price tag switching involves altering, swapping, or removing price tags on merchandise with the intent to pay less than the actual retail value of the item. This action is prosecuted under Florida Statutes § 812.014, which covers theft offenses, including retail theft.

The law defines retail theft as:

"Taking possession of, carrying away, transferring, or causing to be carried away merchandise with the intent to deprive the merchant of the full retail value."

Price tag switching fits this definition because the intent behind the action is to avoid paying full price. Even if you did not leave the store, the act of altering the price tag alone could be enough for a criminal charge.

The Legal Implications of Price Tag Switching in Florida

The seriousness of price tag switching depends on the value of the property involved. Florida law categorizes theft crimes based on the monetary value of the stolen goods:

  • Petit Theft – Misdemeanor (Under $750):

    • Second-degree misdemeanor: Property valued under $100.
    • First-degree misdemeanor: Property valued between $100 and $750.
    • Penalties: Up to 1 year in jail and $1,000 in fines.

  • Grand Theft – Felony (Over $750):

    • Third-degree felony: Property valued between $750 and $20,000.
    • Second-degree felony: Property valued between $20,000 and $100,000.
    • First-degree felony: Property valued over $100,000.
    • Felony charges can result in prison time ranging from 5 to 30 years, depending on the degree of the offense.

The act of price tag switching can escalate to grand theft if the altered merchandise exceeds $750 in value, making it a felony with more severe consequences.

Federal Laws on Retail Theft and Price Tag Switching

While most price tag switching cases are prosecuted at the state level, federal laws can also apply in certain situations. The National Stolen Property Act (18 U.S.C. § 2314) can come into play if the theft involves large-scale organized retail crime or merchandise transported across state lines.

However, the vast majority of price tag switching cases in Florida remain under the jurisdiction of state courts. That said, the federal angle can arise if there’s evidence of a larger conspiracy or if multiple stores are affected in multiple states.

Best Defenses Against Price Tag Switching Allegations in Florida

If you’ve been accused of price tag switching, the prosecution must prove that you intentionally altered the price tag to avoid paying full price. Several strong defenses can challenge these allegations:

1. Lack of Intent

Intent is a key element in any theft case. If you did not deliberately alter the tag or were unaware of the price difference, the charges might not hold up. Honest mistakes, such as picking up an item with a pre-existing tag error, can be used to dispute intent.

2. Mistake of Fact

If the merchandise was mislabeled by the store itself or an employee, this could be a valid defense. For example, if you picked up an item with an incorrect price tag placed by store staff, you could argue you had no reason to suspect the error.

3. Insufficient Evidence

The prosecution must provide solid evidence linking you to the price tag alteration. Surveillance footage, witness testimony, or forensic analysis of the tags may be challenged if they fail to clearly show your involvement.

4. Violation of Rights During Detention

If store security detained you unlawfully or used excessive force, this could lead to a dismissal of the charges. Florida’s Shopkeeper's Privilege (Florida Statutes § 812.015) allows store staff to detain a suspect briefly, but the detention must be reasonable and respectful of your rights.

5. No Completed Theft

Altering a price tag without attempting to make a purchase may not meet the legal definition of theft. If you were stopped before attempting to buy the item, it may be possible to argue that no theft occurred.

The Value of Retaining a Private Defense Attorney

When you’re facing theft charges, the quality of your defense can make a significant difference in the outcome. A private defense attorney offers several advantages over court-appointed counsel:

  • Personalized Defense Strategy: Private attorneys have the time and resources to thoroughly review your case, gather evidence, and explore every legal defense available.
  • Experience with Theft Cases: Understanding how Florida courts handle retail theft specifically gives you an advantage in court.
  • Reduced Penalties: An experienced private attorney can negotiate plea bargains, reduce charges, or argue for alternative sentencing like diversion programs.
  • Protecting Your Record: Keeping theft charges off your criminal record is crucial for protecting future job opportunities and professional licensing.

Consequences of a Conviction for Price Tag Switching

A conviction for price tag switching can have long-term consequences beyond fines and jail time. These include:

  • Criminal Record: A permanent theft conviction can affect your ability to secure employment, housing, or professional licenses.
  • Civil Lawsuits: Retailers can pursue civil claims for damages beyond the criminal penalties.
  • Enhanced Penalties for Repeat Offenders: Multiple theft convictions can lead to harsher sentencing in future cases.

Florida Tag Switching Charges FAQs

What is considered price tag switching in Florida?
Price tag switching involves altering or removing a price tag to pay less than the retail value of an item. Under Florida Statutes § 812.014, this action can lead to theft charges if done with intent to defraud the store.

Can I be charged with theft if I never left the store?
Yes. Florida law allows charges for theft based on intent, even if you never exited the store. Altering a price tag with the intention of paying less can still be prosecuted as theft under Florida Statutes § 812.014.

What are the penalties for price tag switching in Florida?
Penalties depend on the value of the merchandise:

  • Under $750: Petit theft with penalties of up to 1 year in jail.
  • Over $750: Grand theft, which can result in felony charges and prison time.

Can a price tag switching charge be dropped?
Yes, charges can be dropped if there’s insufficient evidence, lack of intent, or procedural errors during your detention. Hiring a skilled private attorney can significantly improve your chances of getting the charges dismissed.

What defenses work best for price tag switching cases?
Common defenses include lack of intent, mistaken identity, improper detention, and insufficient evidence. A private attorney can evaluate your case and identify the strongest defense strategy.

Is price tag switching a felony in Florida?
It can be either a misdemeanor or a felony depending on the item's value. Items under $750 typically result in a misdemeanor charge, while items over $750 could lead to felony theft charges.

Can I expunge a price tag switching conviction in Florida?
Expungement eligibility depends on your criminal history and the outcome of your case. If charges are dismissed or you complete a diversion program, you may qualify for expungement.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.