Unlike almost all other criminal offenses in Florida, shoplifting statistics show women are more likely to be charged with retail theft. Although most people think that the offense usually involves teenagers and young ladies, women of all ages and backgrounds can face a prosecution. Most of our clients charged with shoplifting have no prior record and never dreamed they would be accused of a criminal law violation. An innocent person can even be charged if the person inadvertently leaves the store or retail establishment with an item.
Tallahassee Shoplifting Defense Lawyer
Call our shoplifting defense attorneys today to find out what you need to do immediately to protect yourself against this serious criminal charge with serious criminal consequences. Individuals without any prior criminal record must fight to protect their right to seal or expunge the arrest and prosecution record. If you have been charged with shoplifting in Tallahassee in Leon County, FL, call the attorneys at the Law Offices of Don Pumphrey, Jr. Our attorneys can provide you with experienced, aggressive and compassionate representation.
Florida Shoplifting Information Center
Elements of the Crime of Retail Theft under Florida Statute § 812.015(1)
In order to prove the crime of retail theft, the prosecutor must prove that the person accused has actual knowledge and an understanding of the facts or the truth. The prosecution must also show that the defendant intended to deprive the merchant of possession, use, benefit, or full retail value of the merchandise while doing one of the following:
- took possession of or carried away merchandise;
- transferred merchandise from one container to another;
- altered or removed a label or price tag from merchandise; or
- removed a shopping cart from a merchant's premises.
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Defense to the Criminal Charge of Retail Theft or Shoplifting
In certain cases, the item was taken by accident without acting "knowingly." A taking that is "knowingly" means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. In many of these cases obtaining the merchant's Surveillance 1 tape (if any) may help show how the accident occurred. Often the shopper becomes distracted because of unusual circumstances or makes no attempt to conceal the item.
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Serious Penalties for Theft Crime
Florida Statute § 812.014 provides for shoplifting punishments and consequences that can be charged as either petit theft or grand theft depending on the value of the item taken. The punishments and penalties can also depend on whether the person charged has any prior convictions.
The effects of the shoplifting conviction can last much longer than the time it case to resolve the criminal charge. Regardless of whether the crime is charged as a misdemeanor or a felony, if the judge adjudicates you guilty of the offense then you will be convicted of a "crime of dishonesty" which is an impeachable offense that you may have to report on any job application for the rest of your life. A conviction for any theft offense will show up during even the most basic background check.
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Misdemeanor Petit Theft / Shoplifting in the Second Degree under Florida Law
If the merchant alleges that the value of the stolen merchandise is less than one-hundred dollars ($100) then the offense can be charged as a second degree misdemeanor called "petit theft." A second degree misdemeanor is punishable by up to sixty (60) days in the county jail, six months probation and/or a $500 fine.
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Misdemeanor Petit Theft / Shoplifting in the First Degree under Florida Law
If the value of the item is between one-hundred dollars ($100) and three-hundred dollars ($300) then the offense can be charged as a first degree misdemeanor. A first degree misdemeanor is punishable by a one-thousand dollar ($1000) fine, up to 12 months probation or 364 days in the county jail.
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Felony Grand Theft / Shoplifting in the Third Degree under Florida Law
If the merchant alleges that the value of the item taken is more than three-hundred dollars ($300) but less than five-thousand dollars ($5,000), then the shoplifting offense can be charged as a felony grand theft offense. A third degree grand theft felony for shoplifting in Florida is punishable by up to five (5) years in Florida State Prison and/or a five thousand dollar ($5,000) fine.
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The Law Offices of Don Pumphrey, Jr. | Retail Theft Attorney in Tallahassee
If you have been charged with or arrested for shoplifting or petit theft (often called "retail theft") in Tallahassee, Leon County, FL, then contact an experienced criminal defense attorney with the Law Offices of Don Pumphrey, Jr. Our attorneys are experienced in helping men and women obtain the best result in their shoplifting case throughout Florida's Second Judicial Circuit including Bristol in Liberty County, Crawfordville in Wakulla County, Monticello in Jefferson County, or Quincy in Gadsden County.