Protecting Your Rights with a Florida Possession of Anti-Shoplifting Countermeasures Defense Lawyer
When people hear about shoplifting charges, they usually think of someone hiding an item in their pocket or bag. What many do not realize is that Florida also has strict laws that target the possession of tools or devices that could be used to commit shoplifting. These items are known as “anti-shoplifting countermeasures.” Prosecutors take these cases very seriously because the law assumes that simply having one of these devices shows intent to commit retail theft.
As a Florida criminal defense lawyer, I know how damaging these charges can be. A conviction could mean jail time, steep fines, a permanent record, and major consequences for your employment and reputation. But just because you were arrested does not mean you are guilty. There are defenses available, and I have successfully used them to get charges reduced or dismissed.
Florida Statute on Possession of Anti-Shoplifting Countermeasures
The crime is defined in Florida Statutes Section 812.015(7), which states:
“Any person who possesses, uses, or attempts to use any antishoplifting or inventory control device countermeasure with the intent to defeat the security device of a store or business establishment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
In plain terms, if you are caught with something that police believe was designed to block, disable, or remove a security tag or sensor, you could be charged with this offense—even if you never actually stole anything.
What Qualifies as an Anti-Shoplifting Countermeasure?
The law is broad. Common examples include:
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Specially lined bags designed to block security sensors.
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Magnetic devices used to remove security tags.
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Electronic tools that interfere with alarm systems.
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Pouches or containers modified to prevent detection.
The problem is that many of these items can also have legal uses. For example, a bag lined with foil could be used for personal reasons unrelated to theft. This is where an experienced attorney becomes essential.
Penalties Under Florida Law
Possession of anti-shoplifting countermeasures is a third-degree felony. That means you could face:
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Up to 5 years in prison
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Up to 5 years of probation
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Up to $5,000 in fines
On top of that, a felony conviction stays on your record for life. It can block job opportunities, professional licenses, housing applications, and even affect your ability to own a firearm.
How Prosecutors Build Their Case
In most cases, the State will argue two main points:
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You had a device that qualifies as an anti-shoplifting countermeasure.
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You intended to use it to commit theft.
The first point is often easy for them to claim, but the second point—intent—is where a strong defense can make all the difference. Intent is not always clear. Simply having an item in your car, backpack, or home does not automatically prove you planned to commit a crime.
Real Case Example: Beating a Countermeasure Charge
One of my clients was arrested after mall security found a bag lined with foil in the trunk of his car. He had not stolen anything, but security claimed the bag was designed to beat the sensors at store exits. He was charged with possession of anti-shoplifting countermeasures, a third-degree felony.
We argued that the bag was used by the client to protect photography equipment from interference and weather conditions, not to commit theft. We brought in expert testimony and presented receipts showing he purchased the bag from a legitimate vendor. The judge agreed that the State could not prove intent. The charges were dismissed before trial.
That case shows why you need a private defense lawyer. Without a strong defense, prosecutors often push for plea deals or convictions even when intent is unclear.
Defenses to Possession of Anti-Shoplifting Countermeasures
As a Florida Possession of Anti-Shoplifting Countermeasures Defense Lawyer, I have used several defenses to protect clients:
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Lack of intent: Simply having a device is not enough. The State must prove you intended to use it for shoplifting.
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No device under the statute: Not every object qualifies as a countermeasure. Prosecutors sometimes mislabel ordinary items.
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Unlawful search and seizure: If police found the item during an illegal stop or search, we can move to suppress the evidence.
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Insufficient evidence: Without eyewitness testimony, security footage, or other proof, the case may be too weak to proceed.
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Mistaken identity: Sometimes, law enforcement arrests the wrong person based on bad information.
Related Florida Statutes
It is important to understand how this charge connects to other Florida theft laws:
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Retail Theft – § 812.015(1): Covers shoplifting itself, ranging from misdemeanors to felonies depending on value.
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Grand Theft – § 812.014: Involves property valued at higher amounts.
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Possession of Burglary Tools – § 810.06: Similar concept, criminalizing the possession of tools intended for burglary.
These statutes often overlap, and prosecutors may stack charges. Having a defense lawyer ensures that every aspect is challenged.
Why You Need a Private Attorney
The reality is that public defenders often juggle heavy caseloads. They may not have the time to investigate whether the bag, magnet, or tool was truly an anti-shoplifting countermeasure. A private defense lawyer can:
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Review surveillance footage and security reports.
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File motions to suppress evidence obtained illegally.
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Cross-examine loss prevention officers and police officers.
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Challenge whether the device qualifies under the statute.
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Negotiate for reduced charges or dismissal.
With a felony on the line, you cannot afford to go without a strong defense.
Florida Possession of Anti-Shoplifting Countermeasures Defense Lawyer – FAQs
What is the difference between shoplifting and possession of anti-shoplifting countermeasures?
Shoplifting is taking merchandise without paying, while possession of anti-shoplifting countermeasures is about having tools or devices designed to defeat store security systems. You can be charged with possession even if you never stole anything.
Can I go to jail even if I never used the device?
Yes. The law makes it a felony to simply possess the item with intent. Prosecutors will try to prove intent based on the circumstances of your arrest.
What if the device had a legal use?
That is a strong defense. If your lawyer can show that the device had a legitimate purpose unrelated to theft, the case may be dismissed or reduced.
Can the police search my bag or car without a warrant?
Only under certain circumstances, such as if you consent, if they have probable cause, or if another legal exception applies. If they conducted an illegal search, we can ask the court to exclude the evidence.
What penalties will I face if convicted?
You could face up to five years in prison, five years of probation, and $5,000 in fines. The bigger problem is the permanent felony record, which can follow you for life.
Can my charges be reduced?
Yes. With the right defense, charges may be reduced to a misdemeanor, or you may qualify for pretrial diversion programs that avoid a conviction.
Does having a prior record make the case worse?
Yes. If you have prior theft or fraud charges, the prosecutor may push harder for a conviction and harsher penalties. That is why aggressive defense is so critical.
What if store security detained me before police arrived?
Florida law allows merchants to detain someone they suspect of theft in a reasonable manner. But if they went too far, it may help your defense.
Can these charges be expunged from my record?
If the charges are dismissed, dropped, or you are found not guilty, you may qualify to have your record sealed or expunged. A conviction, however, cannot be removed.
Why do I need a Florida Possession of Anti-Shoplifting Countermeasures Defense Lawyer?
Because the State will work hard to prove intent, and only an experienced defense lawyer knows how to challenge every step of the case. Without strong defense, a felony conviction is very likely.
Call a Florida Possession of Anti-Shoplifting Countermeasures Defense Lawyer Today
Being accused of possessing an anti-shoplifting countermeasure is not a small matter. It is a felony charge that can affect the rest of your life. But there are defenses available, and with the right lawyer, you have a chance to beat the case or at least reduce the consequences.
I have defended clients across Florida in these exact cases, and I know how to fight for your rights. Every case is different, but the goal is always the same: protect your freedom and your future.
Contact a Florida Possession of Anti-Shoplifting Countermeasures Defense Lawyer Now
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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 30 office locations throughout all of 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.