Florida Shoplifting Defense Attorneys
Shoplifting Criminal Charges in Florida
What is Shoplifting in Florida?
Shoplifting is a crime in Florida and is defined as the intentional taking of merchandise from a store or retail establishment without paying for it. According to the Florida Department of Law Enforcement, there were over 37,000 reported incidents of larceny-theft in 2020, which includes shoplifting. However, it's important to note that not all incidents of shoplifting may be reported to law enforcement.
In the state of Florida, shoplifting is a serious offense, legally termed as "retail theft". This crime involves taking merchandise from a store with the intention of depriving the merchant of its possession, use, benefit, or full retail value. The relevant Florida statute that governs shoplifting is Florida Statute 812.014.
About Florida Statute 812.014
Florida Statute 812.014 is the law that governs the crime of theft in Florida. Specifically, it defines theft as the act of knowingly taking or using someone else's property with the intent to either temporarily or permanently deprive the owner of their property or to appropriate the property for the thief's own use.
Under this statute, theft can be classified as either petit theft or grand theft, depending on the value of the stolen property. Petit theft is the less severe offense and is classified as a misdemeanor. If the value of the stolen property is less than $750, the accused can face up to one year in jail and a fine of up to $1,000. If the value is between $750 and $5,000, the offense is still considered petit theft but is elevated to a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.
Grand theft is the more serious offense and is classified as a felony. If the value of the stolen property is between $5,000 and $10,000, the offense is classified as a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. If the value of the stolen property is over $10,000, the offense is classified as a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000.
The statute also includes provisions for certain aggravating factors that can increase the severity of the offense and the potential penalties. These factors include the use of a weapon, the victim being over 65 years old, or the theft being committed during a state of emergency.
Florida Statute 812.014 is a critical law in Florida that governs the crime of theft, setting out the various degrees of offenses and the potential penalties for those found guilty of stealing another person's property.
Shoplifting Offenses and Examples
Shoplifting offenses can vary greatly in severity, from minor cases of petty theft to larger instances of grand theft. Examples of shoplifting crimes include:
- Concealing or carrying away merchandise
- Altering or removing a label or price tag
- Transferring merchandise from one container to another
- Removing a shopping cart from a merchant's premises
Penalties
The penalties for shoplifting in Florida depend on the value of the merchandise stolen:
- If the value of the stolen goods is less than $100, the crime is considered a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
- If the value of the stolen goods is $100 or more but less than $750, it is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
- If the value of the stolen goods is $750 or more but less than $20,000, it is considered a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
For repeat offenses or organized retail theft, the penalties can be significantly more severe.
Elements of the Crime
To obtain a conviction for shoplifting, the prosecution must prove beyond a reasonable doubt that:
- The defendant knowingly and unlawfully took or used, or attempted to take or use, the merchant's property.
- The defendant did so with the intent to either permanently or temporarily deprive the merchant of the right to the property or any benefit from it, or appropriate the property to their own use or to the use of any person not entitled to it.
Why You Need a Criminal Defense Attorney
Shoplifting charges can lead to serious consequences, including jail time, fines, and a criminal record. Hiring a skilled criminal defense attorney, like those at Musca Law, can greatly improve your chances of a successful defense. Our attorneys can challenge the evidence, question the witnesses, negotiate plea bargains, and advocate for your rights in court.
Stages of a Case
The stages of a shoplifting case in Florida typically include:
- Arrest: Police arrest the individual based on evidence of shoplifting.
- Initial Appearance: The accused appears before a judge who informs them of their charges and sets the bail.
- Discovery: Both the defense and prosecution review evidence.
- Pretrial Motions: Attorneys may file motions to suppress evidence, dismiss charges, or request other court actions.
- Trial: If no plea agreement is reached, the case goes to trial where the prosecution must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, the judge determines the appropriate penalty based on Florida's sentencing guidelines.
Why the Accused Need a Defense Attorney
The accused need an attorney for several reasons when facing criminal charges. Here are some of the most important reasons:
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Protection of Rights: An experienced criminal defense attorney can protect the accused's constitutional rights, including the right to a fair trial, the right to remain silent, and the right to an attorney. They can help ensure that the accused's rights are not violated during the criminal justice process.
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Knowledge and Experience: A criminal defense attorney has extensive knowledge and experience in the criminal justice system, including the procedures and processes involved in criminal cases. They can use this knowledge and experience to build a strong defense strategy for the accused.
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Negotiation Skills: An attorney can negotiate with the prosecution on behalf of the accused to reach a plea bargain or reduced charges. In some cases, they may be able to negotiate a more lenient sentence or other favorable outcome for the accused.
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Investigation and Evidence: A criminal defense attorney can conduct their own investigation of the case, gather evidence, interview witnesses, and examine police reports to build a strong defense for the accused.
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Emotional Support: Being accused of a crime can be a stressful and emotional experience. An attorney can provide emotional support and guidance to the accused throughout the criminal justice process.
A criminal defense attorney can provide legal protection, knowledge and experience, negotiation skills, investigation and evidence, and emotional support to the accused. They play a critical role in ensuring that the accused's rights are protected and that they receive a fair trial.
Aggressive Criminal Defense Representation – Musca Law: Don't Face the System Alone!
If you or a loved one has been charged with shoplifting in Florida, it's crucial to seek legal advice immediately. Contact Musca Law today at our toll-free number: 1-888-484-5057. We offer a free initial consultation to discuss your case and potential defense strategies. Our team of highly skilled attorneys is ready to stand by your side and fight for your rights.
At Musca Law, we understand the gravity of your situation and the potential impacts on your life. Our experienced lawyers have a comprehensive understanding of Florida law and the expertise to aggressively contest your charges. We strive to negotiate the best possible outcome for our clients, aiming to reduce, if not completely dismiss, the charges.
Don't let a shoplifting charge define your future. With Musca Law on your side, you can confidently face the legal process knowing you have a team of seasoned professionals fighting for your best interests.
Remember, your initial consultation is absolutely free. It's your opportunity to understand your options and how we can help. We are available 24/7 for your support. Call us now at 1-888-484-5057. At Musca Law, your fight is our fight. Let's face it together.