Shoplifting charges can have serious consequences, including fines, jail time, and a permanent criminal record. If you are facing such charges in Florida, it is crucial to understand the relevant laws, potential defenses, and the importance of having an experienced attorney to represent you. This comprehensive guide will explore various legal defenses and strategies that can be employed to defend against shoplifting charges in Florida.
Understanding the Statute and Relevant Laws
Florida Statutes § 812.015
Shoplifting, also referred to as retail theft, is primarily governed by Florida Statutes § 812.015. This statute defines retail theft as the taking possession of or carrying away merchandise, altering or removing a label or price tag, transferring merchandise from one container to another, or removing a shopping cart with the intent to deprive the merchant of the possession, use, benefit, or full retail value of the merchandise.
Degrees of Theft
The severity of the shoplifting charge depends on the value of the stolen merchandise. Florida law categorizes theft into different degrees based on the value:
- Petit Theft: For merchandise valued at less than $750. This can be classified as a misdemeanor of the second or first degree, depending on the value and prior convictions.
- Grand Theft: For merchandise valued at $750 or more. This can be classified as a felony of the third, second, or first degree, depending on the value and circumstances of the theft.
Penalties for Shoplifting
The penalties for shoplifting in Florida vary based on the degree of the theft:
- Second-Degree Petit Theft: Up to 60 days in jail and a fine of up to $500.
- First-Degree Petit Theft: Up to 1 year in jail and a fine of up to $1,000.
- Third-Degree Grand Theft: Up to 5 years in prison and a fine of up to $5,000.
- Second-Degree Grand Theft: Up to 15 years in prison and a fine of up to $10,000.
- First-Degree Grand Theft: Up to 30 years in prison and a fine of up to $10,000.
Legal Definitions
Understanding the legal definitions related to shoplifting is crucial for building a defense.
Intent
One of the key elements the prosecution must prove is intent. To secure a conviction for shoplifting, it must be demonstrated that the accused had the intent to permanently deprive the merchant of the merchandise's value or benefit. Without intent, there can be no theft.
Possession
Possession refers to having control over the merchandise. This can be actual possession (having the item on your person) or constructive possession (having control over the item, such as placing it in a shopping cart or bag).
Potential Defenses Against Shoplifting Charges
Several legal defenses can be employed to fight shoplifting charges. These defenses aim to challenge the prosecution's evidence, demonstrate a lack of intent, or show that the accused did not commit the crime.
Lack of Intent
As previously mentioned, intent is a crucial element in shoplifting cases. If it can be shown that the accused did not intend to steal the merchandise, the charges may be dismissed. This defense might involve demonstrating that the accused inadvertently left the store with the item or had no intention of permanently depriving the store of its value.
Mistake of Fact
A mistake of fact defense can be used if the accused believed they had a right to the property or were unaware that they had taken it. For instance, if someone mistakenly believed they had paid for an item or that the item was their property, this defense could apply.
Lack of Possession
Challenging the possession element can also be an effective defense. If the accused did not have actual or constructive possession of the merchandise, they cannot be guilty of shoplifting. This might involve proving that the item was never in the accused's control or that another person was responsible for the theft.
Duress or Coercion
If the accused was forced or coerced into committing the theft, this defense could be used. Duress involves showing that the accused was under immediate threat of harm, which compelled them to commit the act.
Alibi
An alibi defense involves proving that the accused was not present at the scene of the crime when it occurred. This could include providing evidence such as witness testimony, video footage, or other documentation showing that the accused was elsewhere at the time of the alleged theft.
The Criminal Justice Process in Florida for Shoplifting Charges
Navigating the criminal justice process can be complex, but understanding the steps involved can help you prepare for what lies ahead.
Arrest and Booking
The process begins with the arrest, usually following the detection of the alleged theft by store security or law enforcement. The accused is taken into custody, where they are booked, fingerprinted, and photographed.
Initial Appearance
Within 24 hours of the arrest, the accused will appear before a judge for an initial appearance. During this hearing, the judge will inform the accused of the charges, determine whether there was probable cause for the arrest, and set bail.
Arraignment
At the arraignment, the accused will enter a plea of guilty, not guilty, or no contest. This is also when the court schedules future hearings, such as pre-trial conferences and the trial date.
Pre-Trial Motions and Discovery
During the pre-trial phase, both the defense and prosecution will exchange evidence through discovery. Pre-trial motions may be filed to address legal issues, such as suppressing evidence obtained unlawfully or challenging the admissibility of certain testimony.
Plea Bargaining
Many shoplifting cases are resolved through plea bargaining, where the defense and prosecution negotiate a deal. This might involve pleading guilty to a lesser charge in exchange for reduced penalties.
Trial
If a plea agreement is not reached, the case proceeds to trial. Both sides present their evidence and arguments to a judge or jury. The prosecution must prove the accused's guilt beyond a reasonable doubt, while the defense seeks to cast doubt on the prosecution's case.
Sentencing
If the accused is found guilty, the case moves to the sentencing phase. The judge will consider various factors, including the severity of the offense, the accused's criminal history, and any mitigating circumstances. Sentencing may include fines, jail time, probation, community service, and restitution to the victim.
Common Defenses Against Shoplifting Charges
Employing the right defense strategy can make a significant difference in the outcome of a shoplifting case. Here are some common defenses used in such cases:
Claim of Right
This defense asserts that the accused had a legitimate claim to the property in question. For example, if the accused believed the item was already paid for or belonged to them, they could argue that they had a rightful claim to the merchandise.
Insufficient Evidence
Challenging the sufficiency of the evidence is a common defense tactic. The prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence to support the charge, the defense can argue for dismissal.
Procedural Errors
Procedural errors made by law enforcement or store security can be grounds for dismissing charges. This could include violations of the accused's rights, improper handling of evidence, or failure to follow proper legal procedures.
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If it can be shown that the accused was coerced or tricked into shoplifting by law enforcement, this defense may apply.
The Role of an Attorney in Shoplifting Cases
Having an experienced attorney is crucial when facing shoplifting charges. An attorney can:
Provide Legal Guidance
An attorney can explain the charges, potential consequences, and the legal process, helping you understand your rights and options.
Develop a Defense Strategy
A skilled attorney will analyze the facts of your case, identify weaknesses in the prosecution's case, and develop a defense strategy tailored to your situation.
Negotiate with the Prosecution
Attorneys can negotiate with the prosecution to seek reduced charges or penalties, potentially resolving the case without going to trial.
Represent You in Court
If the case goes to trial, an attorney will represent you, presenting evidence and arguments on your behalf and challenging the prosecution's case.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing shoplifting charges in Florida, it is crucial to seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of dedicated criminal defense attorneys with a proven track record of success in handling shoplifting cases. We provide free consultations 24/7/365 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today at 1-888-484-5057 for expert legal representation.