Shoplifting Laws in Florida

Shoplifting, also referred to as retail theft under Florida law, is a common yet serious offense with potentially far-reaching consequences. Florida law takes a firm stance against retail theft, with penalties ranging from fines and community service to imprisonment, depending on the value of the stolen items and the circumstances of the offense.

Consult an Orlando shoplifting lawyer to explore shoplifting laws in Florida, including the thresholds for felony charges, potential defenses, and the impact a conviction can have on your future.

What Is Retail Theft in Florida?

Retail theft, commonly known as shoplifting, is defined under Section 812.015 of the Florida Statutes as the act of unlawfully taking possession of, carrying away, or concealing merchandise, property, or money from a retail establishment with the intent to deprive the merchant of the full value. The law also includes altering or removing price tags, transferring items from one container to another, or assisting another person in committing such acts.

Shoplifting does not require the individual to leave the store with the item. Simply concealing merchandise or taking actions that demonstrate an intent to steal can qualify as retail theft.

Penalties for Shoplifting in Florida

The severity of penalties for shoplifting in Florida depends on the value of the merchandise involved and the defendant’s prior criminal record. Retail theft can be classified as either a misdemeanor or a felony:

Petit Theft

Second-Degree Misdemeanor: If the value of the stolen merchandise is less than $100, the offense is considered petit theft in the second degree. Penalties include up to 60 days in jail, six months of probation, and a fine of up to $500.

First-Degree Misdemeanor: If the value of the stolen merchandise is between $100 and $750, the offense is elevated to a first-degree misdemeanor. Penalties include up to one year in jail, one year of probation, and a fine of up to $1,000.

Grand Theft

If the value of the stolen merchandise exceeds $750, the crime becomes grand theft, a felony offense. The degree of the felony depends on the value:

Third-Degree Felony: Merchandise valued between $750 and $20,000 can result in up to five years in prison, five years of probation, and a fine of up to $5,000.

Second-Degree Felony: Merchandise valued between $20,000 and $100,000 can result in up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.

First-Degree Felony: Merchandise valued at $100,000 or more carries penalties of up to 30 years in prison and significant fines.

Enhanced Penalties for Repeat Offenders

Florida law imposes enhanced penalties for repeat offenders. For example, individuals with two or more prior theft convictions can face elevated charges for petit theft, which may be reclassified as a felony. This means even low-value thefts can lead to significant consequences for those with prior records.

Civil Penalties for Shoplifting

In addition to criminal charges, shoplifters in Florida may face civil penalties. Retailers are entitled to recover damages under Section 772.11 of the Florida Statutes, which allows them to seek restitution for the full value of the stolen merchandise, along with additional penalties. Parents or guardians of minors who commit retail theft may also be held civilly liable.

Potential Defenses to Shoplifting Charges

If you are charged with shoplifting, it is crucial to understand that defenses are available. A skilled attorney can evaluate the specifics of your case to determine the most effective defense strategy.

Lack of Intent: Intent is a critical element of shoplifting charges. If you accidentally left a store with merchandise, forgetting to pay, or did not intend to steal, your attorney may argue that the prosecution cannot prove intent.

Mistaken Identity: In cases where security footage or eyewitness accounts are used as evidence, your attorney may challenge the accuracy of the identification, arguing that you were not the person who committed the theft.

Illegal Search and Seizure: If evidence was obtained through an unlawful search or seizure, such as detaining you without probable cause, your attorney may file a motion to suppress the evidence, potentially weakening the prosecution’s case.

Duress or Coercion: If you were forced to commit the theft under threat or coercion, this may serve as a valid defense to the charges.

Merchandise Recovery: If the merchandise was recovered undamaged and returned to the retailer, your attorney might use this as a mitigating factor to argue for reduced penalties.

The Impact of a Shoplifting Conviction

A shoplifting conviction can have lasting consequences beyond fines and jail time. Criminal records can negatively affect employment opportunities, housing applications, and even educational prospects. Repeat offenses can lead to harsher penalties, making it crucial to address these charges with the seriousness they deserve.

For non-citizens, shoplifting convictions can also have immigration consequences, as crimes involving moral turpitude (CIMT) may impact visa status, green card applications, or deportation proceedings.

Preventing Shoplifting Charges

Understanding Florida’s shoplifting laws can help individuals avoid situations that may lead to charges. Retailers often have strict policies and surveillance systems to prevent theft, and actions such as concealing merchandise or bypassing cash registers are likely to draw attention. Additionally, cooperating with store security and law enforcement if accused can help de-escalate the situation and protect your rights.

Contact Joshi Law Firm, PA

Shoplifting may seem like a minor offense, but Florida law treats it as a serious crime with significant legal and personal consequences. Whether you are facing charges for a low-value theft or a felony-level retail theft, understanding your rights and the potential defenses is essential to navigating the legal process.

If you are charged with shoplifting in Orlando or elsewhere in Florida, the experienced attorneys at Joshi Law Firm, PA, can help. We provide skilled representation tailored to your case and will work tirelessly to protect your rights and secure the best possible outcome. Contact Joshi Law Firm, PA, today for a confidential consultation to discuss your case and explore your legal options.

Sources:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.015.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0700-0799/0772/Sections/0772.11.html