Being charged with shoplifting can be a distressing experience, especially if it’s your first encounter with the law. In Florida, shoplifting is legally referred to as “retail theft” and encompasses a range of actions, including taking merchandise, altering price tags, or transferring goods from one container to another with the intent to deprive the merchant of the full retail value. Understanding the legal framework and potential consequences is crucial, particularly if you are balancing responsibilities such as a job and family.
Penalties are on a sliding scale
The state of Florida takes retail theft seriously, with recent changes to the laws that upgraded shoplifting to a felony if someone commits five different retail thefts within 45 days. The penalties can vary based on the value of the stolen items, the defendant’s criminal history or other factors. For a first-time offender, the consequences may differ compared to repeat offenders. Here are the charges and penalties:
- Petit theft: If the value of the stolen goods is less than $100, it is classified as a second-degree misdemeanor. This could result in up to 60 days in jail and a fine of up to $500. If the value is between $100 and $750, it becomes a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
- Grand theft: If the merchandise is valued over $750, the charge escalates to a felony. A third-degree felony, for instance, could lead to up to five years in prison and a fine of up to $5,000.
- Civil penalties: Beyond criminal charges, Florida law permits retailers to pursue civil penalties, which could require the offender to pay the store for the loss incurred, along with additional damages.
Despite these charges, defendants still have rights and protections.
Defending against shoplifting charges
If you find yourself charged with shoplifting, seeking the counsel of an experienced criminal defense attorney should be a priority. A knowledgeable attorney can guide you through the legal process and help develop a robust defense strategy tailored to your situation. Here are some common defense approaches:
- Lack of intent: Your attorney might argue that there was no intent to steal, which is a crucial element the prosecution must prove. For instance, they might demonstrate that the alleged theft was an oversight or accidental.
- Mistaken identity: In crowded retail settings, mistaken identity is a possibility. An attorney can work to establish that you were wrongfully accused, perhaps by reviewing security footage or obtaining eyewitness testimonies.
For first-time offenders, Florida offers diversion programs that may result in dismissal of charges upon successful completion. These programs often include community service, restitution and educational courses.
Don’t navigate the system alone
Navigating the legal system can be daunting even when it’s a misdemeanor, but with the right legal support, it’s possible to minimize the impact of a shoplifting charge on your life. It’s important to take the matter seriously, act swiftly, consult with an attorney and explore all available options to protect your future.