How You Can Face Felony Charges Even If You Didn't Mean to Steal and What a Florida Theft Defense Attorney Can Do to Help

Many people assume that theft requires a clear intent to steal. They think that if something was an accident or a misunderstanding, it can't possibly lead to criminal charges. Unfortunately, Florida law doesn't always see it that way. You can be arrested for felony theft, even if you never meant to walk out with the item or had no idea it was still in your possession.

I've seen it firsthand as a Florida Theft Defense Attorney. People are pulled aside by store security, confused and scared, only to be told they're being arrested. They're then transported to jail, fingerprinted, and charged with grand theft. These are not hardened criminals. These are everyday people caught in a system that often punishes first-time mistakes just as harshly as deliberate acts.

Let me explain why this happens, what Florida Statute §812.014 allows prosecutors to do, and what you can do to protect your record, your rights, and your future.

What Florida Statute §812.014 Says About Theft and Intent

Florida's general theft law is found at § 812.014. It makes it illegal to knowingly obtain or use, or try to obtain or use, someone else's property with the intent to either:

  • Temporarily or permanently deprive the owner of their property
  • Use the property in a way that is inconsistent with the owner's rights

At first glance, it seems like prosecutors must prove you meant to steal. But in practice, the way the law is enforced—especially by big box retailers like Walmart or Target—often bypasses that requirement. Store surveillance footage, receipts, and statements are used to suggest "constructive intent," even if the accused never intended to leave without paying.

Prosecutors routinely file theft charges based on what they claim "should have been obvious," even if you had no actual intent to steal. That's where the real danger lies.

Examples of "No-Intent" Theft Arrests in Florida

Here are just a few examples of cases I've handled where my clients were charged with theft, even though they never planned to steal anything:

  • A woman in Sarasota placed a $45 item under her stroller while juggling two children. She forgot it was there and was stopped as she exited. She was charged with petit theft and banned from the store.
  • A man in Tampa scanned 10 items at a self-checkout but missed one that was stuck under the cart. Loss prevention detained him and charged him with retail theft over $300 when they found other unpaid items in his vehicle from a prior visit.
  • A teenager in Fort Myers was caught walking out with a shirt he had tried on and forgot to remove. He faced a felony charge due to prior offenses on his juvenile record.

All of these clients said the same thing: they didn't mean to steal. But police and prosecutors pushed forward anyway. That's what makes Florida's "no-intent" enforcement so dangerous.

How Shoplifting Can Be Charged as a Felony

Most people think of shoplifting as a minor, non-violent offense—something that should be handled with a warning or a fine. But under Florida law, theft becomes a felony when:

  • The value of the property is $750 or more (grand theft, third degree)
  • The value is $100 or more and taken from a dwelling
  • You have two or more prior theft convictions (felony petit theft)
  • You're caught using anti-theft countermeasures (felony retail theft)
  • You act in concert with others (organized retail theft)

Retail stores often push hard for felony charges. Their loss prevention staff are trained to document every incident as if it's part of a pattern. They use surveillance footage, receipts, and your own statements to paint a picture of calculated theft—even when the incident may have been accidental.

Once a felony charge is filed, the consequences escalate rapidly. You're now looking at up to 5 years in prison, felony probation, and permanent damage to your criminal record.

The Role of Surveillance and Loss Prevention Staff

Store surveillance is one of the most commonly used tools in Florida theft cases. Cameras positioned at entry points, checkout areas, dressing rooms, and exits are often used as evidence. But that doesn't mean the footage tells the whole story.

I've seen countless videos presented as "proof" of theft that actually show nothing of the sort. Sometimes the footage is unclear, incomplete, or taken out of context. In other cases, the client's behavior is misinterpreted—like placing items in a purse to free up hands, or placing things in the cart for later review.

Loss prevention employees often exaggerate what they saw or fail to disclose how they approached the customer. I've caught them lying on reports, leaving out facts that help the accused, and even editing surveillance before turning it over.

This is why having a skilled Florida Theft Defense Attorney can change the outcome of your case. I subpoena unedited footage, cross-examine store employees, and file motions to suppress any improper or illegally obtained evidence.

Diversion Programs May Still Be an Option

Even when the charges are serious, first-time offenders may be eligible for pretrial diversion or deferred prosecution. These programs are often offered at the discretion of the State Attorney's Office and can lead to the charges being dropped if the defendant completes certain conditions, such as:

  • Attending theft education classes
  • Completing community service
  • Paying restitution or fines
  • Avoiding rearrest during the program period

However, diversion is never guaranteed. If the alleged theft exceeded $750, involved multiple items, or included anti-theft devices, the prosecution may oppose diversion and seek a plea or trial.

That's where advocacy makes the difference. I've successfully negotiated diversion in many cases by presenting evidence of my client's lack of intent, clean record, employment status, and the circumstances of the incident.

Case Example: Accidental Shoplifting Charge Dismissed

One of my recent clients was a nurse in Orlando who had just worked a 12-hour shift. She stopped at a store on her way home and placed several items in her basket, including a pack of energy bars. She used self-checkout but missed scanning one of the items buried under her purse.

Loss prevention detained her and called the police. She was charged with felony theft because the value of all items approached $800.

We immediately requested surveillance footage, which showed her scanning all visible items and placing them in a bag. She never touched the unscanned item after placing it in the basket. Her exhaustion and lack of criminal history helped us build a case for dismissal. After showing the prosecution the footage and presenting a strong mitigation package, all charges were dropped.

How a Florida Theft Defense Attorney Can Help

If you've been accused of theft in Florida, don't assume the situation will fix itself. Even if you didn't mean to steal, the system is designed to prosecute aggressively—especially when corporate retailers are involved.

Here's how I defend clients in these cases:

  • Motion to suppress evidence from illegal detentions or improper searches
  • Challenge store surveillance and witness credibility
  • Present alternative explanations for behavior that may appear suspicious
  • Negotiate diversion or pretrial intervention whenever possible
  • Push for dismissal or reduction based on lack of intent or minimal value

Every theft case has unique details. What matters is whether your side of the story gets told. That doesn't happen automatically—you need someone fighting for you.

Florida Theft Defense FAQs

Can I be charged with theft if I forgot to scan an item?

Yes. Even if the incident was purely accidental, Florida law allows prosecutors to charge you based on the value of the item and your past record. Intent may be inferred from your behavior, even if you never meant to steal.

Will store surveillance be used against me?

Almost always. Big retailers use video footage to support their claims. But that footage can be challenged. Sometimes it shows things that contradict the store's report, or proves that the incident wasn't intentional. A skilled defense lawyer can request and review the full video—not just clips.

Do I qualify for diversion or deferred prosecution?

If this is your first offense and the item's value is under $750, you may qualify. However, eligibility depends on the county, the prosecutor, and whether the store objects. With the right legal approach, we can often persuade the State Attorney to offer you a second chance.

What happens if I have already paid for the item or offered to?

Paying after the fact won't undo the arrest, but it may help reduce the severity of the case. I use such actions to negotiate for diversion or reduced penalties. Still, it's better to have legal representation in place before making any payments or admissions.

Can I seal or expunge my record after a shoplifting arrest?

If the charge is dismissed or dropped, you may be eligible to have your record sealed or expunged. If you're convicted, even for a misdemeanor, you won't be able to clear your record. That's why fighting the charge is so important from the beginning.

Call Our Florida Theft Defense Attorney 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. is a statewide criminal defense law firm with 35 office locations throughout Florida. We handle theft and shoplifting charges in all counties, including Miami, Orlando, Jacksonville, Tampa, Naples, Fort Lauderdale, Gainesville, Tallahassee, and the Florida Panhandle. Our attorneys fight aggressively to protect your record and your rights.