Theft and Shoplifting Charges in Florida: What You Need to Know
Introduction
Theft and shoplifting are common criminal offenses in Florida, but many people do not fully understand the legal consequences. Whether you are facing a petty theft charge for shoplifting a small item or a felony grand theftaccusation, knowing the laws, penalties, and potential defenses is crucial.
This article explains Florida’s theft laws, the different degrees of theft, potential penalties, and legal defenses to fight a theft charge.
What Is Considered Theft in Florida?
Under Florida Statutes § 812.014, theft occurs when a person knowingly and unlawfully takes or uses another person’s property with the intent to deprive them of it permanently or temporarily.
There are different types of theft offenses, including:
- Shoplifting (Retail Theft) – Stealing from a store or business
- Petit Theft (Petty Theft) – Theft of low-value property
- Grand Theft – Theft of high-value property
- Employee Theft – Stealing from an employer
- Burglary – Theft involving unlawful entry into a structure
- Robbery – Theft involving force or threats
Degrees of Theft in Florida
Petit Theft (Misdemeanor)
Petit theft involves stolen property valued at less than $750 and is classified into two categories:
Petit Theft – Second Degree Misdemeanor (Under $100)
- Fines: Up to $500
- Jail Time: Up to 60 days
- License Suspension: Possible 6-month driver’s license suspension
Petit Theft – First Degree Misdemeanor ($100 – $750)
- Fines: Up to $1,000
- Jail Time: Up to 1 year
- License Suspension: Mandatory for repeat offenders
⚠️ Note: A second offense for petit theft can be charged as a felony, even if the value is under $750.
Grand Theft (Felony)
Grand theft involves stolen property valued at $750 or more and is classified into different degrees:
Grand Theft – Third Degree Felony ($750 – $20,000)
- Fines: Up to $5,000
- Prison Sentence: Up to 5 years
- Examples: Stealing a firearm, motor vehicle, or controlled substances
Grand Theft – Second Degree Felony ($20,000 – $100,000)
- Fines: Up to $10,000
- Prison Sentence: Up to 15 years
- Examples: Stealing emergency medical equipment, cargo valued over $50,000
Grand Theft – First Degree Felony (Over $100,000)
- Fines: Up to $10,000
- Prison Sentence: Up to 30 years
- Examples: Stealing a semi-truck, large-scale fraud, or embezzlement
Shoplifting (Retail Theft) in Florida
Shoplifting, or retail theft, occurs when a person:
✔️ Takes merchandise from a store without paying
✔️ Alters price tags to pay less
✔️ Uses a fraudulent receipt or return scheme
Penalties for shoplifting depend on the value of the stolen items and can range from a misdemeanor to a felony.
⚠️ Retail stores often use surveillance cameras, loss prevention officers, and RFID security tags to prevent shoplifting. Even if you leave the store, you can still be arrested later based on video evidence.
Defenses to Theft and Shoplifting Charges
If you are accused of theft or shoplifting, a criminal defense attorney can explore several defenses to fight the charges.
1. Lack of Intent
- Theft requires intent—if you did not mean to steal (e.g., accidentally walked out with an item), this can be a defense.
2. Mistaken Identity
- If there is weak evidence or unreliable witness testimony, an attorney may challenge the accusation.
3. Ownership or Right to Possess the Property
- If you believed the property was yours or you had permission to take it, you may have a valid defense.
4. Illegal Search or Seizure
- If the police illegally searched you without probable cause, the evidence may be inadmissible in court.
5. Entrapment
- If store security pressured or tricked you into committing the crime, entrapment could be a defense.
How a Criminal Defense Attorney Can Help
A theft conviction can lead to a criminal record, which may affect job opportunities, housing, and future legal matters. If you are facing theft or shoplifting charges, an attorney can:
✔️ Negotiate to get charges dropped or reduced
✔️ Challenge weak or unlawful evidence
✔️ Present strong defenses in court
✔️ Help avoid a permanent criminal record
At Bonderud Law, we have experience successfully defending clients against theft and shoplifting charges. Call us today for a consultation.
Conclusion
Theft and shoplifting charges can have serious legal and personal consequences in Florida. Whether you are facing a misdemeanor petit theft charge or a felony grand theft case, it is crucial to have an experienced defense attorney on your side. If you or a loved one has been accused of theft, seek legal representation immediately.
