A Florida Shoplifting Defense Lawyer Explains How Theft Charges Can Endanger Immigration Status and What Can Be Done to Protect Your Future
As a Florida Shoplifting Defense Lawyer, I have seen how a simple shoplifting accusation can spiral into life-changing consequences, especially for immigrants and lawful permanent residents. Many people assume that petty theft is a minor offense, but under both Florida and federal immigration law, even a misdemeanor theft conviction can trigger deportation or bar reentry into the United States.
Under Florida Statutes §812.014, shoplifting is prosecuted as theft, and depending on the value of the property, it can be charged as petit theft or grand theft. Yet immigration law often treats any theft conviction involving “moral turpitude” as grounds for removal. I have defended many clients who were permanent residents, students, or workers on visas who faced deportation simply because of a shoplifting case.
In this detailed discussion, I explain what Florida law says, how immigration authorities interpret theft-related convictions, and how a private defense attorney can help reduce, dismiss, or reclassify charges to protect your immigration status.
What Florida Law Says About Shoplifting
Florida Statute §812.014 defines theft as knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to deprive the person of a right to the property or to appropriate it to one’s own use.
Florida Statute §812.014(1) states:
“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or a benefit from the property, or to appropriate the property to his or her own use or to the use of any person not entitled to it.”
The penalties depend on the value of the property:
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Petit Theft (Misdemeanor): Property valued under $750.
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Grand Theft (Felony): Property valued at $750 or more.
While petit theft may seem minor, any theft offense, regardless of value, can carry significant immigration risks. The immigration consequences often depend less on the severity of the sentence and more on the type of conviction itself.
Immigration Consequences of a Theft Conviction
Under the Immigration and Nationality Act (INA), a theft conviction can be classified as a “crime involving moral turpitude” (CIMT). According to 8 U.S.C. §1227(a)(2)(A)(i), any non-citizen convicted of a CIMT within five years of admission into the United States may be deportable if the offense is punishable by at least one year in jail.
Even if the theft is a misdemeanor under Florida law, the federal immigration definition can still trigger removal proceedings. What matters is not the sentence imposed but the moral intent and statutory elements of the crime.
For example, under INA §237(a)(2)(A)(ii), a person who is convicted of two or more CIMTs, not arising from a single scheme, is deportable. Therefore, a prior offense combined with a new shoplifting conviction can easily cross that threshold.
Additionally, under INA §212(a)(2)(A)(i)(I), even a single theft conviction can make a noncitizen “inadmissible,” preventing them from obtaining a green card or reentering the U.S. after travel abroad.
Real Case Example
A client of mine, a 27-year-old permanent resident from Brazil, was accused of stealing a $65 item from a department store in Orlando. She was terrified because she was in medical school and on the path to citizenship. A conviction for theft would have labeled her as having committed a crime involving moral turpitude, jeopardizing her entire future.
Through careful negotiation, I secured entry into a pretrial diversion program under §948.08, which allowed the charge to be dismissed upon completion of community service and a theft prevention class. After the case was closed, we filed for an expungement under §943.0585, removing the arrest record.
Because there was no conviction, immigration authorities could not classify her case as a deportable offense. She successfully completed her medical degree and maintained her legal status.
Why a Florida Burglary Defense Lawyer Is Critical
Even a small theft allegation can set off a chain reaction with immigration authorities. Hiring a private Florida Burglary Defense Lawyer immediately after an arrest is crucial for several reasons:
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Avoiding a Guilty Plea: Many people accept plea deals that seem minor but later discover they are deportable because of the conviction.
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Negotiating Alternative Dispositions: A defense lawyer can pursue pretrial diversion, civil citation programs, or plea agreements to non-deportable offenses like trespass or disorderly conduct.
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Protecting Record Sealing Eligibility: A conviction, even with withheld adjudication, may still trigger immigration issues, so structuring the case correctly matters.
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Preventing Self-Incrimination: Anything said during arrest or court proceedings can later be used by ICE or USCIS. Legal guidance prevents avoidable admissions.
Florida Statutes That Can Affect Immigration Outcomes
While §812.014 defines theft, other statutes can affect how the case unfolds:
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§775.082 – Penalties: Establishes misdemeanor and felony sentencing ranges.
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§775.083 – Fines: Details the financial penalties.
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§948.08 – Pretrial Intervention: Offers first-time offenders a chance for dismissal.
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§943.0585 – Expungement: Allows sealing or erasure of records after dismissal or acquittal.
These statutes can be leveraged to reduce a charge to a non-deportable form or remove the record entirely.
How Immigration Law Defines “Moral Turpitude”
Immigration law does not define “moral turpitude” explicitly, but courts interpret it as involving conduct that is inherently dishonest or depraved. Theft, by its nature, involves intent to permanently or temporarily deprive someone of property, which immigration judges often interpret as moral turpitude.
However, not all theft statutes automatically trigger deportation. If the Florida statute allows for temporary deprivation or intent without permanent taking, the conviction might not qualify as a CIMT. This is why a defense attorney’s knowledge of both Florida criminal law and federal immigration law is essential.
Defenses to a Florida Shoplifting Charge
There are several defenses that I regularly use to protect clients from both criminal conviction and immigration harm:
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Lack of Intent: Theft requires intent to deprive someone of property. If the taking was accidental, temporary, or misunderstood, the charge cannot stand.
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Mistaken Identity: Surveillance footage and eyewitnesses are often unreliable, especially in busy retail stores.
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Ownership or Right to Possession: If the accused believed the property was theirs or had a legitimate claim, the element of criminal intent fails.
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Illegal Search or Detention: Store security officers sometimes detain individuals unlawfully or search bags without consent. Evidence obtained illegally can be suppressed.
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Diversion and Rehabilitation: Even if the evidence is strong, a skilled attorney can argue for diversion, counseling, or restitution in lieu of conviction.
Each defense is aimed at preventing a conviction or plea that could later be considered a crime involving moral turpitude.
The Role of Intent in Protecting Immigration Status
In immigration law, intent is critical. A charge that includes intent to “permanently deprive” almost always qualifies as a CIMT. However, if the defense can show that the alleged act was temporary, negligent, or lacked criminal intent, immigration authorities may not treat it as deportable.
This nuance is why having a private lawyer is essential. Public defenders may not always have the time or resources to coordinate with immigration counsel, whereas a private attorney can shape the plea or diversion terms to safeguard immigration eligibility.
How Plea Agreements Can Be Structured to Avoid Deportation
An experienced defense lawyer can often negotiate a plea to a lesser offense that does not carry moral turpitude implications. Examples include:
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Disorderly Conduct (§877.03)
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Trespass (§810.08)
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Resisting a Merchant Without Violence (§812.0155)
These alternative dispositions can avoid triggering the immigration consequences associated with theft.
Why Time Matters in Shoplifting Cases
Immigration agencies act swiftly once a conviction is entered. Delaying legal representation increases the risk of losing diversion opportunities or negotiating leverage. Quick action allows your lawyer to secure evidence, witness statements, and documentation that support dismissal or reduction.
In some cases, I have prevented clients from being booked entirely by intervening early, providing exculpatory surveillance evidence to prosecutors before formal charges were filed.
How Shoplifting Can Affect Permanent Residency and Citizenship
A single conviction for theft can derail years of progress toward naturalization. During citizenship interviews, USCIS reviews your moral character for the previous five years under 8 C.F.R. §316.10. Theft, dishonesty, or fraud offenses automatically count against that evaluation.
Even if you already hold a green card, a theft conviction can lead to removal proceedings or denial of reentry after travel. The damage extends beyond criminal court and can affect professional licensing, employment, and housing.
Protecting Your Immigration Future
As a Florida Burglary Defense Lawyer, I have defended clients in state court while coordinating with immigration attorneys to ensure their criminal record would not result in deportation. When possible, I negotiate plea arrangements that do not involve “intent to deprive” language or that fall under statutes outside of theft definitions.
By securing dismissal or reduction before a conviction, we often prevent ICE from ever being notified.
Frequently Asked Questions – Florida Burglary Defense Lawyer
Can a single shoplifting conviction cause deportation?
Yes, it can. Even a misdemeanor shoplifting charge under §812.014 may be classified as a crime involving moral turpitude. If you are a non-citizen, it can result in removal or denial of naturalization. Whether deportation occurs depends on timing, prior offenses, and sentence length. A skilled attorney can often prevent a conviction through diversion or plea negotiation.
Does withheld adjudication still count as a conviction for immigration purposes?
For immigration law, even a withheld adjudication can sometimes be treated as a conviction if you admit guilt or if there is a finding of guilt and punishment imposed. Immigration law defines conviction differently than state law, so having a lawyer who understands both systems is essential.
How can a lawyer prevent deportation after a theft arrest?
By negotiating for dismissal, diversion, or alternative charges that do not involve moral turpitude, a defense lawyer can shield your immigration status. Early involvement can also prevent the filing of deportable charges.
What if I already pled guilty to theft?
It may still be possible to vacate or modify your plea under Florida Rule of Criminal Procedure 3.850 if you were not properly advised of immigration consequences. A lawyer can review your record and file for post-conviction relief.
Can I expunge my record to protect my immigration status?
If the case was dismissed or you completed diversion, you may qualify for expungement under §943.0585. Expungement removes public record access but does not erase the conviction for immigration purposes. However, it can improve job and housing prospects.
What are my chances of staying in the U.S. after a theft arrest?
Many clients remain in the United States after theft charges when they hire counsel early. With proper defense strategy and coordination with immigration law, the chances of dismissal or safe resolution are high. Each case depends on timing, intent, and record.
Call Our Florida Shoplifting Defense Lawyers
Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with criminal or traffic offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation. We have more than 35 office locations throughout the state of Florida and serve all counties, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
If you or someone you care about is facing a shoplifting or theft charge that could lead to deportation, call today. Protect your rights, your freedom, and your future in the United States.