A Florida Shoplifting Defense Attorney Explains How Even Minor Theft Charges Can Lead to Serious Criminal Penalties
Understanding Petit Theft Charges in Florida
When someone is accused of taking an item worth less than $100 in Florida, many people assume it is not a big deal. However, under Florida law, theft of any amount, no matter how small, is still considered a criminal act. As a Florida Shoplifting Defense Attorney, I have seen countless people face life-changing consequences for what they thought was a minor mistake.
Florida Statute §812.014 governs theft crimes. It defines theft as knowingly obtaining or using, or trying to obtain or use, another person’s property with the intent to deprive the person of it, either temporarily or permanently. The statute 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: (a) Deprive the other person of a right to the property or a benefit from the property; or (b) Appropriate the property to his or her own use or to the use of any person not entitled to the property.”
When the value of the property taken is less than $100, the offense is known as Petit Theft in the Second Degree, which is the lowest level theft charge under Florida law.
How Florida Classifies Theft Offenses
Under §812.014(3)(a), petit theft involving property valued at less than $100 is a second-degree misdemeanor. Although it might sound minor, this classification still carries criminal penalties.
The penalties for a second-degree misdemeanor include:
- Up to 60 days in county jail,
- Up to 6 months of probation, and
- A fine of up to $500.
The offense also creates a permanent criminal record, which can affect employment, education, and professional licensing opportunities. Repeat offenders face even harsher treatment, as a second petit theft can be upgraded to a first-degree misdemeanor, and a third offense may be charged as a felony.
This is why it is critical to hire a private defense attorney. Even if the property value is small, the legal implications are significant. Prosecutors can use the conviction to increase future penalties, and employers or licensing boards may view any theft conviction as a sign of dishonesty.
Why a Petit Theft Charge Can Still Lead to Jail Time
Many clients are shocked to learn that even a $20 shoplifting accusation can lead to jail. The court considers factors such as:
- The defendant’s prior criminal record,
- The circumstances of the theft, and
- Whether the person cooperated with law enforcement.
In some counties, prosecutors aggressively pursue these cases to discourage shoplifting from retail stores. A conviction can trigger jail time, probation, and community service. The court may also require restitution, meaning the accused must pay back the value of the stolen goods to the victim or store.
The most damaging consequence, however, is the criminal record. Unlike some other offenses, a theft conviction reflects on a person’s character and can make it difficult to pass background checks or obtain professional credentials.
Florida Statutes That May Apply to Your Case
Several Florida laws can affect the outcome of a petit theft charge.
Florida Statute §812.015 – Retail Theft
“A person commits the offense of retail theft if he or she takes possession of, carries away, or transfers merchandise, money, or property from a merchant with intent to deprive the merchant of possession, use, benefit, or full retail value of the item.”
This statute applies to shoplifting cases involving stores or businesses. Even attempting to hide merchandise without paying can qualify as retail theft, regardless of whether you left the store.
Florida Statute §775.082 and §775.083 – Penalties and Fines
These sections define the standard penalties for misdemeanors and felonies. A second-degree misdemeanor, which covers thefts under $100, carries up to 60 days in jail and a $500 fine.
When someone has a prior theft conviction, §812.014(3)(b) upgrades the charge to a first-degree misdemeanor, punishable by up to one year in jail. If the person has two or more prior theft convictions, prosecutors may charge a third-degree felony, punishable by up to five years in state prison under §775.082(3)(e).
Why You Need a Florida Shoplifting Defense Attorney
Even a low-value theft case demands an experienced defense. Without proper representation, people often accept plea deals that appear minor but later destroy their records.
As a Florida Shoplifting Defense Attorney, I work to protect clients from the long-term impact of a conviction. Many cases can be dismissed or reduced if the defense challenges how the evidence was obtained or whether the store followed proper procedures.
For example:
- Lack of intent: The prosecution must prove you intended to steal. If the incident was an accident or a misunderstanding, the charge can be dismissed.
- Mistaken identity: Surveillance footage and witness accounts are often unclear or contradictory.
- Violation of rights: If law enforcement detained or searched you without proper cause, evidence can be suppressed.
- Diversion programs: In some cases, first-time offenders may qualify for pretrial diversion programs that avoid a criminal record.
An attorney ensures your rights are protected at every stage and helps you pursue every opportunity for a reduced charge or dismissal.
A Real Case Example: A Misunderstanding Turned Into a Win
One of my clients, a nursing student in Tampa, was accused of stealing a bottle of skincare product valued at $48 from a department store. The store’s loss prevention officer claimed she hid the item in her purse and walked toward the exit. My client insisted she had placed it in her bag by mistake while juggling multiple items and intended to pay for it.
The police charged her with petit theft, and she faced suspension from her college’s clinical program. I reviewed the surveillance footage, which showed she was holding her wallet when the officer stopped her, not attempting to leave the store. I also obtained statements from nearby customers confirming she appeared to be looking for the checkout line.
After presenting this evidence, the prosecutor agreed to dismiss the charge in exchange for community service and restitution. My client avoided a conviction, kept her record clean, and continued her studies.
Cases like this show how quickly an innocent mistake can become a criminal matter and why having a dedicated defense lawyer makes the difference between conviction and dismissal.
The Long-Term Consequences of a Petit Theft Conviction
Even when jail time is avoided, the impact of a theft conviction can last for years. Employers, landlords, and professional licensing boards often reject applicants with theft-related records because they interpret them as signs of dishonesty.
If you are a student, teacher, nurse, or government employee, a theft conviction can lead to disciplinary action or loss of certification. For non-citizens, it can affect immigration status, since theft is considered a crime of moral turpitude.
A private defense attorney can help you pursue record sealing or expungement once your case is resolved, preventing employers or agencies from seeing the charge in most background checks. However, this option is only available if your case is dismissed or you receive a withhold of adjudication, which means the judge found you guilty but did not formally convict you.
Common Defenses Used in Petit Theft Cases
Every case has its own circumstances, but several defenses frequently apply in shoplifting and theft cases:
1. Lack of Intent to Steal
If you accidentally left the store without paying or simply forgot to scan an item, that is not theft under Florida law. The prosecution must prove intent beyond a reasonable doubt.
2. Mistaken Identity
Video footage and witness statements can easily be misinterpreted. Many arrests occur based on poor-quality surveillance or unreliable store personnel.
3. Illegal Detention or Search
Retail staff and security officers must follow specific laws when detaining a suspect. If they exceeded their authority or law enforcement searched you without probable cause, the evidence can be excluded.
4. Duress or Coercion
If someone forced or pressured you to take the item, your attorney can argue that your actions were not voluntary.
5. Value of Property
If the item’s value was incorrectly assessed, the level of charge may be reduced.
With effective legal representation, many clients can avoid a conviction altogether through dismissal, diversion, or reduction to a civil citation.
Why You Should Not Handle the Case Alone
Public defenders do excellent work, but they are often overburdened with hundreds of cases. A private attorney can dedicate time to your defense, thoroughly review evidence, and negotiate directly with prosecutors.
As your Florida Shoplifting Defense Attorney, I can explore whether your case qualifies for:
- Pretrial diversion or intervention programs,
- Withhold of adjudication, or
- Deferred prosecution agreements.
Each of these options can protect your record and prevent the long-term stigma of a theft conviction.
When facing theft charges, the difference between hiring private counsel and going unrepresented is often the difference between freedom and a permanent mark on your record.
Florida Shoplifting Defense Attorney FAQs
Can I go to jail for stealing something worth less than $100?
Yes, you can. Theft of less than $100 is a second-degree misdemeanor in Florida, punishable by up to 60 days in jail and a $500 fine. While jail time is not always imposed, it is possible, especially for repeat offenders or those with prior records. Hiring an attorney helps minimize this risk and improve your chance for dismissal or diversion.
What is the difference between petit theft and retail theft?
Petit theft refers to the value of the stolen property, while retail theft specifically involves theft from a merchant or business. Both are covered under §812.014 and §812.015, and both can result in criminal convictions.
Can a petit theft conviction be expunged in Florida?
A conviction cannot be expunged, but if your case is dismissed or adjudication is withheld, you may qualify for record sealing. A Florida Shoplifting Defense Attorney can guide you through the process to protect your future.
Do I need a lawyer for a minor shoplifting case?
Absolutely. Even a minor theft case can cause long-term harm to your employment and reputation. A lawyer can challenge the evidence, negotiate with prosecutors, and often keep the charge off your record.
Will my employer find out about my theft charge?
Yes, theft charges appear in public court records and background checks. Employers, landlords, and professional boards can see these entries unless your record is sealed. Acting quickly with legal counsel can help prevent exposure.
Can a store drop the charges after I pay for the item?
Once the police file the report, only the prosecutor has the power to dismiss the case. However, restitution and cooperation can influence whether the state pursues the charges or agrees to diversion.
What happens if this is my second theft charge?
A second conviction for petit theft becomes a first-degree misdemeanor, punishable by up to one year in jail and higher fines. A third theft charge may be prosecuted as a felony.
Can juveniles be charged for theft under $100?
Yes. Juvenile theft cases follow different procedures, but can still affect college and job opportunities. Defense counsel can often secure diversion programs that erase the offense from the record.
Can a lawyer get my shoplifting case dismissed?
In many cases, yes. Dismissal is possible if the evidence is weak, your rights were violated, or you qualify for diversion. A seasoned attorney can identify and argue these issues effectively.
What should I do if I am accused of shoplifting in Florida?
Stay calm and do not argue with store personnel or police. Ask to speak to an attorney before making any statements. Every word you say can be used against you, so legal guidance is essential from the very start.
Call a Florida Shoplifting Defense Attorney Today
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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.