Fighting Serious Charges With a Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney
Retail theft charges are serious enough on their own, but if you're also accused of possessing tools or devices meant to avoid detection or defeat anti-theft systems, the consequences can be even worse. Florida law treats the possession of so-called "anti-shoplifting countermeasures" as a separate crime—and it's a felony in many cases. If you're facing these charges, you need to know that the law isn't always applied fairly. The details of your arrest, your intent, and even your location can all make the difference in how your case is handled.
As a Florida criminal defense attorney, I've defended clients across the State who were wrongfully charged, overcharged, or pressured into unfair plea deals. Whether you're accused of stealing a small item or simply having a tool in your pocket that someone claims is for shoplifting, you deserve a defense that fully challenges the prosecution's case. I know how these cases work, and I know how to fight for reduced charges, dismissed cases, or lighter sentencing.
Understanding Florida's Retail Theft and Anti-Shoplifting Device Laws
Retail theft is commonly known as shoplifting, but under Florida law, it includes a wider range of actions. It's not just about taking something and walking out the door. Concealment, altering price tags, or removing security devices can all lead to charges. And if law enforcement believes you had tools or devices to help you commit theft, they may file an additional felony charge under Florida's anti-shoplifting countermeasures law.
Let's break down the actual statutes.
Florida Statutes That Apply
Florida Statute § 812.015(1)(d) – Retail Theft
"Retail theft means the taking possession of or carrying away of merchandise, altering or removing a label or price tag, transferring merchandise from one container to another, or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value."
Depending on the amount stolen and whether you have prior convictions, retail theft can range from a second-degree misdemeanor to a felony.
Florida Statute § 812.015(7) – Possession of Anti-Shoplifting Countermeasure Devices
"It is unlawful for any person to possess, with intent to use, any item, article, instrument, mechanism, or device designed or adapted to defeat any anti-shoplifting or inventory control device."
"Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
This means if you're caught with something that police claim was meant to disable or avoid security sensors—such as lined bags, magnet removers, or tag removers—you can be charged with a third-degree felony, even if nothing was stolen.
What Prosecutors Must Prove
For a conviction, prosecutors must show:
- You possessed a device or tool
- That device was designed or adapted to defeat a store's theft prevention system
- You had the intent to use it for theft
That last point—intent—is often where the case falls apart. Just because something could be used to shoplift doesn't mean you were going to use it that way. The burden is on the State to prove it.
As your attorney, I don't let prosecutors make assumptions. I hold them to the legal standard required under the Constitution and Florida law.
Real Case Example: Dismissed Felony Based on Insufficient Intent Evidence
One of my clients was arrested in a department store in Orlando. She had a foil-lined bag and was accused of shoplifting because a store detective claimed the bag was "clearly made" to bypass sensors. The police charged her with both misdemeanor retail theft and felony possession of an anti-shoplifting device.
After a thorough review, I obtained the surveillance footage. It showed she picked up the bag in the store—it wasn't hers, and she hadn't used it for anything. I filed a motion to dismiss the felony charge, arguing there was no evidence of possession with intent. The State dropped the felony count, and we secured pretrial diversion on the misdemeanor. No conviction. No jail time. No felony record.
This case shows why you need a private criminal defense attorney—someone who has the time to investigate and the skill to challenge assumptions.
Penalties for Retail Theft and Possession of Anti-Shoplifting Devices
Penalties depend on the value of the merchandise, the number of prior offenses, and whether anti-theft devices or tools were involved.
Retail Theft Penalties:
- Under $100 (1st offense): Second-degree misdemeanor, up to 60 days in jail
- $100–$750 or 2nd offense: First-degree misdemeanor, up to 1 year in jail
- Over $750 or 3rd offense: Third-degree felony, up to 5 years in prison
Possession of Anti-Shoplifting Countermeasures:
- Third-degree felony, punishable by:
- Up to 5 years in prison
- Up to 5 years probation
- Up to $5,000 in fines
These charges can carry long-term consequences far beyond jail. A felony conviction can impact your job, your housing, your right to own firearms, and your ability to get financial aid or professional licenses.
Common Defense Strategies We Use
As your Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney, I evaluate every angle to challenge the case against you.
Some of the most effective defenses include:
- Lack of intent: Just possessing a bag, magnet, or similar item is not enough. The State must prove you intended to use it to commit theft.
- Lack of probable cause: If the arrest was made without legal justification, we can file a motion to suppress.
- Mistaken identity: In some cases, store personnel accuse the wrong person.
- Improper search or seizure: If police searched you without consent, a warrant, or probable cause, we can fight to exclude that evidence.
- No actual device: Many items accused of being "anti-shoplifting tools" are just common items. Prosecutors must show the item was designed or adapted to defeat anti-theft measures.
Why You Need a Private Criminal Defense Attorney
These cases can spiral quickly. A minor shoplifting accusation can become a felony if you're accused of possessing a tool or device. You don't want to be left in the hands of an overworked public defender. Prosecutors will often overcharge to pressure you into taking a plea deal—even when their case is weak.
When you hire us, we take immediate action to investigate your case, secure any surveillance footage, and identify weaknesses in the State'sState’s evidence. Our goal is to keep your record clean and avoid jail or prison time. Whether we push for dismissal, negotiate for a lesser charge, or prepare for trial, we are here to fight aggressively for your rights.
Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney – FAQs
Is it illegal to carry a lined bag into a store in Florida?
Not by itself. Carrying a foil-lined or magnetically shielded bag is not a crime unless the prosecution can prove you intended to use it to steal. Intent is the key. Just having the item is not enough to convict you.
What counts as an anti-shoplifting countermeasure under Florida law?
This can include lined bags, detacher magnets, RFID jammers, security tag removers, or any item adapted to defeat or block electronic theft sensors. Even homemade tools can fall under this definition if they were clearly intended for theft.
Can I be charged with a felony if I didn't actually steal anything?
Yes. Possessing a tool intended to disable or bypass theft detection systems is a separate felony under Florida Statute § 812.015(7), even if you didn't take any merchandise. That's why these charges can be so harsh and why they must be defended aggressively.
Will this show up on a background check?
Absolutely. A theft-related charge, especially one involving anti-shoplifting devices, can damage your reputation and future opportunities. Employers, landlords, and licensing boards all see these charges on criminal background reports.
Can these charges be dropped or reduced?
Yes, depending on the facts of your case. We often negotiate for diversion, dismissal, or plea agreements that avoid jail or a permanent record. We can also challenge the legality of the arrest or the search that led to the charges.
Do I have to talk to the police if I'm accused of shoplifting?
No. You have the right to remain silent and the right to a lawyer. Anything you say can be used against you, even something you think is innocent. It's better to let your attorney speak on your behalf.
What happens if this is my first offense?
If you have no prior criminal record, you may qualify for pretrial diversion or a withhold of adjudication. But it's still important to hire a defense lawyer to ensure that your case is handled properly and does not impact your future.
What are the long-term consequences of a felony conviction for anti-shoplifting devices?
A third-degree felony can follow you for life. You may lose your right to vote, possess firearms, or hold certain jobs. That's why we focus on keeping your record clean wherever possible.
How long does it take to resolve these cases in Florida?
It depends on the court's schedule, the complexity of the case, and whether we're filing legal motions. Some cases can be resolved in a few weeks, while others may take months. We'll give you a realistic timeline after reviewing your situation.
Can you represent me if I was arrested outside my home county?
Yes. Our firm has offices across Florida, and we handle cases in all counties. Whether you were arrested in Miami, Orlando, Jacksonville, or a smaller town, we can help.
Call a Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney Now
If you're facing retail theft charges or accusations involving anti-shoplifting tools, do not try to handle this alone. These cases carry life-changing penalties, and prosecutors treat them seriously. You need a defense attorney who will examine every fact, challenge weak evidence, and fight to protect your record.
Don't wait until charges have been filed or court is approaching. The sooner we can get involved, the more options we have to defend you.
Contact a Florida Theft and Possession of Anti-Shoplifting Countermeasures Defense Attorney Today
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 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.