Shoplifting and Petit Theft Charges in Florida
Shoplifting, also known as retail theft or petit theft, refers to the act of stealing merchandise from a store without paying for it. In Florida, shoplifting and petit theft charges can carry serious penalties, even for first-time offenders. This article provides an overview of petit theft laws in Florida, typical penalties, and possible defenses to fight the charges.
What Constitutes Petit Theft in Florida?
Under Florida statute 812.014, petit theft is defined as stealing property valued at less than $750. This includes both shoplifting from retail stores as well as other forms of petty theft.
Shoplifting specifically refers to concealing store merchandise on your person and leaving the premises without paying. This can involve hiding items in your pockets, under clothes, or even in a bag or stroller. Simply concealing merchandise is enough to constitute retail theft – you don’t actually have to leave the store.
Penalties for Petit Theft in Florida
Petit theft penalties in Florida depend on the value of the stolen property:
- Less than $100 – Second-degree misdemeanor, punishable by up to 60 days in jail and $500 fine
- $100 to $300 – First-degree misdemeanor, punishable by up to 1 year in jail and $1,000 fine
- $300 to $750 – Third-degree felony, punishable by up to 5 years in prison and $5,000 fine
Penalties tend to be harsher for repeat offenders. A second petit theft conviction will be charged as a first-degree misdemeanor regardless of the property value. Three or more petit theft convictions can be charged as a third-degree felony.
In addition to fines and jail time, a petit theft conviction in Florida can also result in probation, community service, mandatory theft awareness classes, and restitution to the victim.
Shoplifting Civil Demand Letters in Florida
On top of criminal penalties, retail stores will also send out civil demand letters requiring alleged shoplifters to pay a fee, typically $200 to $500. This is to cover the cost of lost merchandise and staff time dealing with the incident.
Under Florida statute 772.11, stores must send a written demand letter at least 30 days before filing a civil lawsuit. Paying the civil penalty can help avoid further legal troubles but is not an admission of guilt. Refusing to pay may result in the store taking civil legal action.
Common Defenses Against Petit Theft Charges
There are many ways to fight petit theft charges in Florida. Common defenses shoplifting lawyers may use include:
- Mistaken identity – Surveillance footage doesn’t clearly identify the perpetrator
- False accusations – Store personnel falsely accuse innocent customers
- Momentary lapse – Customer forgets items in their cart or stroller
- Mistaken leaving – Customer didn’t realize concealed items hadn’t been paid for
- Medical conditions – Mental illness, dementia, or other disorders caused irrational behavior
- Unlawful detention – Customer was unlawfully confined or interrogated by staff
An experienced Florida theft crimes attorney can review the details of your case and build the strongest defense strategy. Even minor inconsistencies in the prosecution’s evidence could lead to reduced charges or a dismissal.
What to Do If You’re Charged With Petit Theft
Being charged with a theft offense can negatively impact your criminal record, livelihood, and quality of life in Florida. Here are some tips if you face petit theft allegations:
- Be polite and cooperate during your detention, but don’t answer questions or sign any statements without legal counsel
- Hire a skilled Florida shoplifting defense attorney as soon as possible after your arrest
- Follow all instructions for your court summons and do not miss your court dates
- Discuss defense strategies and options to get charges reduced or dismissed with your lawyer
- Comply with all conditions of your sentence if convicted, like fines, probation, etc.
A qualified attorney understands Florida’s theft crime laws and how to effectively challenge allegations of retail theft or petit theft. With an experienced legal defense, many theft charges can be reduced or even dismissed. Don’t hesitate to contact a lawyer for help fighting your shoplifting charges.