Fort Lauderdale Criminal Defense Lawyers Explain the Consequences of Shoplifting Charges
Shoplifting is a common charge in Florida, but the consequences can be more severe than many people realize. Fort Lauderdale criminal defense lawyers regularly handle these cases and understand the many penalties defendants may face. This article will provide an overview of shoplifting laws in Florida, typical penalties, and how an experienced lawyer can help.
Shoplifting Laws in Florida
Florida statute 812.015 defines retail theft, more commonly known as shoplifting, as the taking of merchandise from a store without paying for it. This includes concealing items on your person and altering price tags. The value of the merchandise stolen determines how the crime is classified:
- Petit theft – stealing items worth less than $750 is a misdemeanor.
- Grand theft – stealing items worth $750 or more is a felony.
If you have prior theft convictions, charges can be enhanced to a higher degree regardless of the value stolen. For example, a second petit theft charge becomes a felony in Florida.Shoplifting laws also allow for civil recovery. This means the store can demand you pay damages through a civil lawsuit, even if criminal charges are dropped. Damages often range from $200 to $1000.
Common Criminal Penalties
The penalties for a shoplifting conviction largely depend on the degree of the charge and your criminal history. Common sentences include:
Petit Theft
- Up to 1 year in jail
- Up to 1 year probation
- Up to $1000 fine
- Civil recovery damages
- Permanent criminal record
Grand Theft
- Up to 5 years in prison
- Up to 5 years probation
- Up to $5000 fine
- Civil recovery damages
- Permanent felony record
Enhanced Charges
- Up to 10 years in prison
- Up to 10 years probation
- Up to $10,000 fine
- Civil recovery damages
- Permanent felony record
Additional Consequences
Beyond the direct penalties handed down by a judge, a shoplifting conviction can negatively impact your life in many ways for years to come, including:
- Difficulty finding a job – Many employers conduct background checks and will not hire someone with a recent theft conviction. This is especially true for jobs handling money or merchandise.
- College and housing problems – Theft crimes may prevent you from being accepted to certain colleges or approved for campus housing. Many landlords also deny housing applications for applicants with criminal records.
- Loss of licenses – Certain professional licenses can be revoked or denied due to a shoplifting conviction, such as a real estate or teaching license.
- Immigration issues – Non-citizens charged with a crime of moral turpitude, including shoplifting, may face deportation proceedings or denial of visas or green cards.
- Stigma and embarrassment – Like all criminal charges, being accused of shoplifting can be humiliating and damage your reputation.
How a Lawyer Can Help
The experienced Fort Lauderdale shoplifting defense lawyers at [insert firm name] understand how to protect your rights and limit the penalties in these cases. Here are some of the ways we can help:
- Negotiate with the prosecutor to reduce or dismiss charges
- Challenge improper police procedures that led to your arrest
- Gather evidence and witnesses to refute the accusations
- Advocate for probation and alternative sentences instead of jail time
- Help seal your record to improve employment chances
- Defend against civil recovery lawsuits by retailers
Our firm has successfully defended thousands of clients against theft charges. We know the common defenses that apply and how to effectively argue your side of the story. With an aggressive lawyer on your side, you can move past this incident with the least disruption to your normal life.
Frequently Asked Questions
What if I just conceal merchandise but don’t leave the store?
Under Florida law, concealing items is enough to be charged with retail theft – you don’t have to leave the premises. The act of hiding merchandise shows intent to shoplift.
Can I be charged if I was with someone else who shoplifted?
Yes, you can face charges under accomplice liability laws if you intentionally helped another person shoplift. This includes serving as a lookout, creating distractions, or lending bags/clothing to hide stolen items.
What options do I have for fighting the charges?
Some of the most common shoplifting defenses our lawyers use include:
- You lacked criminal intent
- You were wrongly identified
- The store didn’t follow proper detention procedures
- The police violated your rights
Can I avoid a criminal record?
For first-time misdemeanor offenses, we may be able to negotiate a deferred prosecution or pretrial diversion program. These allow charges to be dropped after a probationary period if you comply with conditions.
What happens in civil recovery cases?
Retailers often send a civil demand letter requiring several hundred dollars in damages. An attorney can review the letter and possibly negotiate a lower payment. We can also defend you if the store files a lawsuit.
Let Us Protect Your Future
Don’t let a shoplifting charge derail your goals and dreams. The experienced local defense attorneys at [insert firm name] have helped thousands of clients facing theft accusations. We have the skills and determination to minimize the penalties and consequences. <a href=”[insert url]”>Contact us online</a> or call [phone number] to schedule a free consultation.
Sources
https://www.ansaralaw.com/shoplifting.html
https://www.rudenbergandglasser.com/ft-lauderdale-theft-attorney/shoplifting/
https://www.leifertlaw.com/ft-lauderdale-criminal/theft-lawyer/shoplifting/
https://www.browardcriminalteam.com/theft-and-property-crimes/retail-theft-shoplifting/
https://www.defendyourbrowardcase.com/criminal-defense/theft-crimes/shoplifting/