Understanding Florida Theft Laws and the Consequences of Shoplifting Charges

Theft charges in Florida vary in severity depending on the value of the property involved and the circumstances of the alleged offense. Many people facing shoplifting accusations wonder whether their case falls under petit theft or grand theft and what that distinction means for the penalties they face. Let’s break down how these categories are defined under Florida law, how shoplifting fits into these charges, and what you need to know to protect your rights.

Theft Laws in Florida: An Overview

Florida’s theft laws are defined under Florida Statutes § 812.014, which broadly categorize theft as knowingly obtaining or using someone else’s property with the intent to deprive them of it. This statute outlines different degrees of theft based on the monetary value of the stolen items and other factors.

What Is Petit Theft in Florida?

Petit theft, also known as petty theft, applies to cases where the value of the stolen property is relatively low. This offense is classified into two levels, depending on the exact amount involved:

  • Second-Degree Petit Theft:
    This applies when the value of the property is less than $100. It is a second-degree misdemeanor, carrying penalties of up to 60 days in jail, 6 months of probation, and a fine of up to $500.

  • First-Degree Petit Theft:
    If the value of the stolen property is $100 or more but less than $750, the charge becomes a first-degree misdemeanor. Penalties include up to 1 year in jail, 12 months of probation, and a fine of up to $1,000.

Petit theft charges are common in shoplifting cases where the value of the stolen goods is relatively low. However, even a petit theft conviction can have serious consequences, including a permanent criminal record and potential challenges with employment or housing.

What Is Grand Theft in Florida?

Grand theft involves higher-value property or specific circumstances that elevate the severity of the charge. Grand theft is classified into three degrees:

  • Third-Degree Grand Theft:
    This applies when the value of the stolen property is $750 or more but less than $20,000. It is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and fines of up to $5,000. Shoplifting cases can fall into this category if high-value items, such as electronics or jewelry, are taken.

  • Second-Degree Grand Theft:
    If the value of the property is $20,000 or more but less than $100,000, the charge becomes a second-degree felony. Penalties include up to 15 years in prison, 15 years of probation, and fines of up to $10,000.

  • First-Degree Grand Theft:
    When the value of the property is $100,000 or more, or if the theft involves certain aggravating factors (such as using a motor vehicle to cause property damage), it is classified as a first-degree felony. This carries penalties of up to 30 years in prison and fines of up to $10,000.

How Shoplifting Fits Into Theft Charges

Shoplifting, while commonly perceived as a minor offense, can quickly escalate depending on the value of the goods taken. Many shoplifting cases begin as petit theft, but certain circumstances can elevate the charge to grand theft. Examples include:

  • Stealing High-Value Items: Items worth $750 or more automatically trigger grand theft charges.
  • Multiple Items: If the combined value of the stolen goods reaches the threshold for grand theft, the charges can be upgraded.
  • Use of Devices: Using tools to disable security devices or tags can lead to enhanced penalties.

Additionally, shoplifting charges can be influenced by prior convictions. If you have a previous theft-related conviction, a petit theft charge may be reclassified as a felony, regardless of the property’s value.

Ramifications of Theft Charges Under Florida Law

The consequences of a theft conviction go beyond jail time and fines. Even a misdemeanor conviction can leave you with a permanent criminal record, which can impact your ability to:

  • Find employment.
  • Rent an apartment.
  • Obtain professional licenses.
  • Qualify for loans or scholarships.

For felony theft convictions, the repercussions are even more severe, including loss of voting rights and restrictions on owning firearms.

Defenses Against Theft Charges in Florida

If you’ve been accused of petit or grand theft, there are several potential defenses that could apply to your case. Common strategies include:

Lack of Intent

Theft charges require intent to deprive the owner of their property. If the prosecution cannot prove that you intended to steal, the charges may not hold. For example, accidentally walking out of a store with unpaid merchandise is not the same as intentionally shoplifting.

Mistaken Value

Accurately determining the value of the stolen property is crucial in theft cases. If the prosecution overestimates the value of the goods, we can challenge whether the charge should be elevated to grand theft.

Ownership Disputes

If you believed the property was yours or had a legitimate claim to it, this could be a valid defense against theft charges.

Procedural Errors

Law enforcement must follow proper procedures during your arrest. If your rights were violated or evidence was improperly obtained, we can seek to have the charges reduced or dismissed.

Why You Need a Skilled Lawyer for Theft Charges

Theft cases are rarely straightforward. Each detail matters, from the value of the property to the circumstances of the alleged crime. Having a knowledgeable defense lawyer can make all the difference in reducing or avoiding the harsh penalties of a conviction.

Florida Theft Charge FAQs

What is the threshold for petit theft in Florida?
Petit theft applies when the value of the stolen property is less than $750. Items worth less than $100 fall under second-degree petit theft, while items worth $100 to $749 are classified as first-degree petit theft.

Can shoplifting be charged as grand theft in Florida?
Yes. Shoplifting can be charged as grand theft if the value of the stolen goods is $750 or more. High-value items such as electronics or designer merchandise often trigger grand theft charges.

Does a prior theft conviction affect my current charges?
A prior conviction can escalate a petit theft charge to a felony, even if the value of the stolen property is under $750. This enhancement makes it critical to address any prior charges with your defense attorney.

How is the value of stolen property determined in Florida theft cases?
The value is based on the retail price of the item at the time of the alleged theft. For used or depreciated items, the court may use fair market value instead.

What are the penalties for grand theft in Florida?
Penalties depend on the degree of the charge:

  • Third-degree grand theft: Up to 5 years in prison.
  • Second-degree grand theft: Up to 15 years in prison.
  • First-degree grand theft: Up to 30 years in prison.

How can I fight a shoplifting charge in Florida?
Possible defenses include proving lack of intent, challenging the value of the stolen goods, or demonstrating that procedural errors occurred during your arrest. An experienced attorney can help build a strong defense.

Is accidentally leaving a store with unpaid items considered theft?
No. For a theft charge to hold, the prosecution must prove intent. If you accidentally left a store with unpaid merchandise, that lack of intent could be a valid defense.

Can theft charges be expunged in Florida?
Some theft charges may qualify for expungement if you meet specific criteria, such as completing a diversion program or having no prior convictions. A defense lawyer can help determine your eligibility.

What should I do if I’m falsely accused of shoplifting?
It’s important to remain calm and not admit to anything. Contact an attorney immediately to review the evidence and protect your rights. False accusations can often be resolved with the right legal representation.

Does Florida offer diversion programs for theft charges?
Yes. First-time offenders may qualify for diversion programs, which can result in the charges being dismissed upon successful completion. Eligibility depends on the circumstances of your case.

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.