Understanding Enhanced Penalties and Building a Strong Defense Against Serious Theft Allegations

Florida law takes theft crimes seriously, especially when minors are involved. Using a minor to commit shoplifting is not just another theft charge—it carries enhanced penalties and long-lasting consequences. Under Florida Statutes § 812.13, the law imposes harsher punishments for those who exploit minors in the commission of theft. If you’re facing these allegations, understanding the charges and the defenses available to you is critical to protecting your future.

Understanding the Crime of Using a Minor in Shoplifting

Using a minor to commit theft is treated as an aggravating factor in Florida law. This means that the involvement of a minor escalates the severity of the crime, even if the stolen items are of minimal value. Prosecutors view these cases as particularly serious because they involve an adult influencing or exploiting a minor to engage in illegal behavior.

Relevant Florida Statutes

The primary statute governing theft crimes is Florida Statutes § 812.014, which outlines penalties based on the value of stolen property. However, when a minor is used in the commission of the crime, the offense may fall under Florida Statutes § 812.13, which covers robbery and aggravated theft. The penalties under these statutes can include:

  • Felony charges: Even for items of low value, using a minor can elevate the offense to a third-degree felony or higher.
  • Prison time: Felony convictions can lead to imprisonment ranging from 5 to 30 years, depending on the circumstances.
  • Fines: Felony theft charges can carry fines up to $10,000.

Federal Implications

On the federal level, using a minor in criminal activity can trigger charges under statutes such as 18 U.S.C. § 5031, which deals with juvenile delinquency. If the crime involves organized retail theft or interstate commerce, federal prosecutors may become involved, leading to even more severe penalties.

The Legal Ramifications of Using a Minor

Florida law imposes enhanced penalties for using minors in shoplifting for two primary reasons: the exploitation of vulnerable individuals and the potential harm to the minor’s future. These enhanced penalties can include:

Enhanced Charges

If an adult uses a minor in shoplifting, the crime may be classified as a second-degree felony or higher, depending on the circumstances. Factors that may influence the severity of the charge include:

  • The value of the stolen goods.
  • The minor’s age.
  • Whether force or threats were used.
  • Whether the theft was part of an organized effort.

Impact on Parental or Custodial Rights

Using your child or a child under your care to commit theft can have significant consequences beyond criminal charges. Family courts may view such actions as grounds for modifying or terminating parental rights.

Defenses Against Allegations of Using a Minor in Shoplifting

Being accused of involving a minor in shoplifting is a serious matter, but you are not without options. There are several potential defenses to these charges, depending on the specifics of your case. Some of the most common defenses include:

Lack of Knowledge or Intent

Prosecutors must prove that you knowingly involved a minor in the shoplifting. If the minor acted independently or you were unaware of their actions, this could serve as a strong defense.

Coercion or Duress

If you were forced to involve a minor due to threats or coercion from another party, this could be a viable defense. The law recognizes that individuals under duress may not act with free will.

Mistaken Identity

In cases involving security footage or eyewitness testimony, mistaken identity is a common issue. If the evidence against you is unclear or unreliable, your attorney can challenge its validity.

Questionable Evidence

The evidence in shoplifting cases often includes video surveillance, witness statements, or the testimony of the minor involved. Your attorney can review the evidence for inconsistencies or procedural errors.

The Importance of Retaining a Private Attorney

Facing a serious charge like using a minor in shoplifting requires skilled legal representation. Public defenders are often overburdened and may not have the resources to thoroughly investigate your case or build a strong defense.

Tailored Defense Strategies

A private attorney will take the time to understand the unique circumstances of your case, identify weaknesses in the prosecution’s evidence, and craft a defense tailored to your needs.

Negotiation with Prosecutors

A private attorney can negotiate with prosecutors to reduce or dismiss charges, particularly if this is your first offense or the evidence against you is weak. Diversion programs or plea agreements may be available as alternatives to harsh penalties.

Long-Term Consequences of a Conviction

The consequences of using a minor to commit shoplifting extend far beyond the criminal penalties. A conviction can impact your ability to:

  • Obtain employment.
  • Secure housing.
  • Maintain professional licenses.
  • Travel internationally.

Additionally, the involvement of a minor can lead to family law implications, such as the loss of custody or visitation rights.

Shoplifting Using a Minor Defense FAQs

What are the penalties for using a minor to commit shoplifting in Florida?
Using a minor in shoplifting can result in enhanced penalties under Florida Statutes § 812.13, including felony charges, prison time, and fines. The specific penalties depend on the value of the stolen property, the minor’s age, and whether force or threats were involved.

Can I face federal charges for involving a minor in shoplifting?
Yes. Federal law, including 18 U.S.C. § 5031, can apply if the crime involves organized retail theft or affects interstate commerce. Federal charges often carry harsher penalties than state charges.

What defenses are available if I’m accused of using a minor in shoplifting?
Common defenses include lack of intent, coercion, mistaken identity, and challenging the reliability of evidence. Each case is unique, so it’s important to consult a private attorney to evaluate your options.

Can a minor face charges for participating in shoplifting?
Minors involved in shoplifting may face juvenile delinquency charges under Florida Statutes § 985.0301. However, they may be eligible for diversion programs or probation instead of incarceration.

How does using a minor in shoplifting impact family court cases?
Involvement in such crimes can lead to family court actions, including the modification or termination of parental rights. Courts view the exploitation of minors as a serious issue that can affect custody and visitation decisions.

What is the difference between shoplifting and robbery when a minor is involved?
Shoplifting generally involves theft without the use of force, while robbery, under Florida Statutes § 812.13, involves force, threats, or intimidation. Using a minor can escalate shoplifting to aggravated theft or robbery, depending on the circumstances.

Can I get my charges reduced or dismissed?
Yes, it’s possible to negotiate reduced charges or dismissal, especially with the help of a private attorney. Diversion programs, plea agreements, or insufficient evidence can lead to favorable outcomes.

How can a private attorney help in a case involving minors and shoplifting?
A private attorney can investigate the charges, negotiate with prosecutors, and present a strong defense in court. They have the resources and experience to challenge the prosecution’s evidence and advocate for your rights.

Call 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.