Protect Your Future by Understanding the Legal Defenses Available for Shoplifting Charges in Florida

Shoplifting may seem like a minor offense, but in Florida, the consequences can be serious. If you or someone you know has been charged with shoplifting, also known as retail theft, it’s important to understand the legal implications and how an experienced attorney can fight to reduce or even dismiss the charges. Whether the charges stem from mistakenly taking an item or from more complicated circumstances, being proactive in your defense is essential.

I know firsthand how overwhelming facing criminal charges can be. As someone who defends clients accused of shoplifting in Florida, my goal is to provide you with the legal guidance and aggressive representation you need to protect your rights and future.

What Is Considered Shoplifting Under Florida Law?

Under Florida Statutes Section 812.015, shoplifting is legally defined as the act of knowingly obtaining, using, or trying to obtain or use merchandise with the intent to deprive the merchant of its value. This includes taking items without paying, altering or removing price tags, or transferring merchandise to different containers or bags to avoid payment. Shoplifting can also include failing to pay for services like those rendered by restaurants, hotels, or other businesses.

The severity of the charge depends on the value of the merchandise stolen. Generally, the law separates shoplifting offenses into petit theft and grand theft categories based on the total value of the stolen property.

  • Petit Theft: If the value of the stolen goods is less than $750, the offense is considered petit theft, a misdemeanor. A conviction can result in fines, probation, and even jail time.

  • Grand Theft: If the value exceeds $750, the offense is classified as grand theft, which is a felony. A grand theft conviction can result in harsher penalties, including substantial fines, imprisonment, and a permanent mark on your criminal record.

Even though shoplifting may seem like a minor crime, a conviction for retail theft can follow you for the rest of your life. It can impact your ability to find a job, apply for housing, and even maintain certain professional licenses.

Penalties for Shoplifting in Florida

The penalties for shoplifting vary depending on whether the offense is classified as petit theft or grand theft. For petit theft, the penalties include:

  • Petit Theft (First Degree): For items valued between $100 and $749, this is a first-degree misdemeanor punishable by up to one year in jail, one year of probation, and a fine of up to $1,000.

  • Petit Theft (Second Degree): For items valued less than $100, this is a second-degree misdemeanor, which carries up to 60 days in jail and a fine of up to $500.

If you have prior theft convictions, the penalties can be more severe. For instance, a second conviction for petit theft can result in a first-degree misdemeanor charge, even if the value of the stolen items is less than $100.

For grand theft, the penalties are more severe:

  • Grand Theft (Third Degree): For items valued between $750 and $20,000, this is a third-degree felony punishable by up to five years in prison, five years of probation, and fines of up to $5,000.

The stakes are even higher if the theft involved items like a firearm, vehicle, or other high-value property, as this could escalate the charge to a second or first-degree felony.

Defending Against Shoplifting Charges in Florida

If you’re facing shoplifting charges, it’s critical to know that there are several legal defenses that can be employed. The best defense will depend on the specific circumstances of your case, but here are a few common strategies used by experienced shoplifting attorneys:

1. Lack of Intent

One of the main elements of shoplifting is intent. To be convicted of shoplifting, the prosecution must prove that you intended to permanently deprive the merchant of their property. If the evidence shows that the shoplifting was accidental, or that you simply forgot to pay for an item, your attorney may be able to argue that you lacked the necessary intent to commit the crime.

2. Mistaken Identity

Another common defense is mistaken identity. In many retail theft cases, the suspect is identified through security footage or by eyewitnesses. These methods can sometimes lead to misidentifications, especially if the store was crowded or if the video footage was unclear. Your attorney can challenge the credibility of the identification, especially if there’s reason to believe you were wrongly accused.

3. Illegal Search or Detention

Florida law requires that store employees or security officers have reasonable suspicion to detain a suspected shoplifter. If you were unlawfully detained, searched without proper cause, or held for an unreasonable amount of time, your rights may have been violated. Any evidence obtained during an illegal search or detention could be suppressed, potentially leading to the charges being dropped.

4. Lack of Evidence

The prosecution must present clear and convincing evidence that you committed shoplifting. In some cases, the evidence may be insufficient to support a conviction. For example, if the stolen merchandise was not found on your person or if there were inconsistencies in witness testimony, your attorney could argue that there’s not enough evidence to prove guilt beyond a reasonable doubt.

The Difference a Private Attorney Can Make

When facing shoplifting charges, the quality of your legal representation can make a significant difference in the outcome of your case. While you may be eligible for a public defender if you cannot afford private counsel, a private attorney offers several advantages that can help you fight the charges more effectively.

1. Personalized Attention to Your Case

A private attorney has the time and resources to thoroughly investigate your case. Public defenders often handle heavy caseloads, which can limit the amount of attention they can give to each client. With a private attorney, you’ll receive personalized legal guidance and dedicated representation, which can improve your chances of achieving a favorable outcome.

2. Access to Resources and Experts

Private attorneys often have access to a wide range of resources that can strengthen your defense. For example, they may be able to hire investigators to gather evidence, interview witnesses, or review store surveillance footage. Additionally, expert witnesses, such as forensic specialists, can provide critical testimony that can challenge the prosecution’s case.

3. Negotiating Charge Reductions or Dismissal

In many shoplifting cases, it’s possible to negotiate with the prosecution to reduce the charges or seek alternative resolutions such as pretrial diversion programs. These programs may allow you to avoid jail time and a permanent criminal record by completing community service, attending theft prevention classes, or adhering to probationary conditions.

A skilled attorney will know how to negotiate with prosecutors and present mitigating factors that can help reduce the charges, protect your criminal record, and keep you out of jail.

4. Fighting to Protect Your Record

One of the most important things a private attorney can do is fight to protect your criminal record. A conviction for shoplifting can stay on your record permanently, potentially limiting your job prospects, housing options, and future opportunities. Your attorney will work to either get the charges dropped, dismissed, or reduced to a lesser offense that may have fewer long-term consequences.

Why You Should Take Shoplifting Charges Seriously

Even if you believe the shoplifting charge is a simple misunderstanding or a minor infraction, it’s essential to take the charges seriously. A conviction for shoplifting, whether misdemeanor or felony, can have lasting effects on your life. The stigma of having a criminal record, especially for theft, can affect how employers, landlords, and others view you. Additionally, repeat theft offenses can lead to harsher penalties, including longer jail sentences and higher fines.

Florida Shoplifting Defense FAQs

What is the difference between petit theft and grand theft in Florida?

In Florida, petit theft refers to the theft of items valued at less than $750, while grand theft applies to items worth $750 or more. Petit theft is typically a misdemeanor offense, while grand theft is a felony, which carries harsher penalties, including potential imprisonment and higher fines.

Can I go to jail for a first-time shoplifting offense in Florida?

Yes, even a first-time shoplifting offense can result in jail time. For petit theft of items valued between $100 and $749, the penalty can include up to one year in jail, probation, and fines. However, alternatives such as pretrial diversion programs may be available to first-time offenders, which could help you avoid jail time and a criminal record.

Can shoplifting charges be dropped?

Yes, in some cases, shoplifting charges can be dropped or dismissed. This may happen if there is insufficient evidence to support the charge, or if your attorney successfully challenges the legality of the detention or search. Additionally, prosecutors may agree to drop the charges as part of a negotiated plea agreement.

How can a shoplifting lawyer help me avoid a conviction?

A shoplifting lawyer can help by evaluating the evidence against you, identifying potential defenses, and negotiating with the prosecution to reduce or dismiss the charges. An experienced attorney can challenge the prosecution’s case, present mitigating factors, and work to protect your criminal record and keep you out of jail.

Call Us 24/7/265 For Your Free Consultation

If you’ve been charged with shoplifting in Florida, don’t face these charges alone. Musca Law is here to help. 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.