Criminal Defense

Shoplifting Charges in Florida

Being accused of retail theft or shoplifting in Florida can have serious consequences. If you’re facing charges under Florida Statutes § 812.015(2) & (8), you could be dealing with misdemeanor or felony penalties that impact your freedom and future.

If you’ve been charged with shoplifting, you need an experienced criminal defense attorney who understands Florida’s retail theft laws and can develop a strong defense strategy. Metcalf Falls, Criminal Defense Attorneys, P.A., is here to protect your rights and guide you through the legal process.

Call (813) 981-7005 today for a free consultation.

What is Retail Theft in Florida?

Retail theft, commonly called shoplifting, is covered under Florida Statute § 812.015(2). This law defines retail theft as the unlawful taking of merchandise, property, or money from a retail establishment with the intent to permanently or temporarily deprive the merchant of possession or benefit.

Acts that fall under shoplifting include:

  • Concealing merchandise without paying
  • Altering or removing price tags
  • Transferring items to different containers
  • Exiting a store without paying for items

Shoplifting charges can range from misdemeanors to felonies, depending on the value of the stolen goods and prior offenses.

What Are the Penalties for Retail Theft in Florida?

Retail theft penalties vary based on the value of the stolen property and whether the accused has prior convictions. Additional penalties may include restitution to the retailer, community service, and mandatory anti-theft courses.

Petit Theft (Under $750):

  • Second-degree misdemeanor (under $100): Up to 60 days in jail, a $500 fine, probation, and possible civil penalties.
  • First-degree misdemeanor ($100 – $750): Up to 1 year in jail, a $1,000 fine, community service, and probation.

Grand Theft (Over $750):

  • Third-degree felony ($750 – $20,000): Up to 5 years in prison, a $5,000 fine, probation, and restitution.
  • Second-degree felony ($20,000 – $100,000): Up to 15 years in prison, a $10,000 fine, and loss of certain civil rights.
  • First-degree felony (Over $100,000): Up to 30 years in prison, a $10,000 fine, and significant long-term legal consequences.

A conviction can also result in a permanent criminal record, making it harder to find employment and housing. Multiple offenses can lead to enhanced sentencing and habitual offender status.

What is Organized Retail Crime in Florida?

Organized retail crime in Florida, as defined by Florida Statute § 812.015(8), involves two or more individuals conspiring to steal merchandise from multiple retail stores with the intent to resell or distribute it for profit. Unlike standard shoplifting, this crime carries enhanced felony charges and harsher penalties.

Common Methods of Organized Retail Crime

Criminals engaging in organized retail theft often use sophisticated tactics, such as:

  • Using counterfeit receipts to fraudulently return stolen goods.
  • Operating fencing operations to resell stolen merchandise.
  • Coordinating theft rings that target high-value items across multiple stores.

How Law Enforcement Handles Organized Retail Crime

Retailers and law enforcement agencies work closely to identify and prosecute offenders. They use tools like surveillance footage, transaction records, and informant testimony to build strong cases against suspects.

Penalties for Organized Retail Crime in Florida

If convicted of organized retail crime, penalties can include:

  • Lengthy prison sentences, especially for large-scale theft operations.
  • Asset forfeiture, where stolen goods and related profits are seized.
  • Substantial financial penalties that can severely impact your financial future.

Prosecutors aggressively pursue these cases, making it crucial to seek experienced legal representation if you’re facing charges.

Defenses Against Retail Theft Charges

You have legal options if you’re accused of shoplifting or retail theft. At Metcalf Falls, Criminal Defense Attorneys, P.A., we explore every possible defense to challenge the prosecution’s case, such as:

Lack of Intent

Prosecutors must prove you intended to steal the merchandise to secure a conviction. If the incident was an honest mistake, such as forgetting to pay, we can argue against intent.

Mistaken Identity

Surveillance footage or eyewitness testimony can sometimes lead to mistaken identity. We can challenge the evidence and question the credibility of witnesses.

Illegal Search and Seizure

If store security or law enforcement violated your rights during a search or apprehension, we may be able to have the evidence suppressed.

Insufficient Evidence

The prosecution must provide clear and convincing evidence that theft occurred. If they lack strong proof, your charges could be reduced or dismissed.

Frequently Asked Questions About Retail Theft in Florida 

What should I do if I’m accused of shoplifting?

Stay calm and avoid admitting anything to store security or law enforcement. Contact a lawyer immediately to protect your rights. 

Can I be charged if I didn’t leave the store with the item?

Yes, Florida law allows for charges if it can be proven you intended to steal, even if you didn’t exit the store. 

Will a retail theft conviction affect my future?

A conviction can result in a permanent criminal record, making securing jobs, housing, and financial aid difficult.

Can I get my charges reduced or dismissed?

With an experienced defense lawyer, you may be able to negotiate for reduced charges, diversion programs, or dismissal.

What happens if I am mistakenly accused of shoplifting?

Mistaken accusations are not uncommon, and a skilled theft attorney can help gather evidence to prove your innocence. Security footage, witness statements, and receipts can be crucial in clearing your name.

Why Work With Our Florida Shoplifting Defense Lawyers?

Shoplifting charges in Florida may seem like a minor offense, but the consequences can be severe. Even if the value of the stolen merchandise is low, a conviction for shoplifting can lead to criminal penalties such as fines, community service, probation, and a permanent criminal record. Additionally, it could affect your ability to find employment, secure housing, or continue your education. If you are facing shoplifting charges, working with an experienced theft defense attorney like Brett Metcalf can significantly improve your chances of avoiding a conviction or reducing the penalties.

Brett Metcalf’s background as a former prosecutor gives him a unique perspective when handling shoplifting cases. He knows how prosecutors approach these cases, and he can use this insight to challenge their evidence and strategies. Whether it’s questioning the validity of surveillance footage, disputing witness testimony, or exploring alternative defenses such as mistaken identity or lack of intent, Brett is committed to defending his clients’ rights and fighting for the best possible outcome.

Since 2012, Brett has been advocating for Florida residents accused of shoplifting. He works diligently to investigate every aspect of the case, aiming to have charges reduced or dismissed altogether. If your case goes to trial, Brett’s extensive trial experience ensures that you will have a strong and aggressive defense to protect your future.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Contact a Florida Criminal Defense Lawyer Today

If you’re facing retail theft or shoplifting charges in Florida, don’t wait to get legal help. Our experienced defense attorneys are ready to fight for your rights and work toward the best possible outcome. 

Call (813) 981-7005 or fill out our online contact form to schedule your free consultation today.

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