Our Florida Petit Theft Defense Attorney explains what happens when shoplifting leads to a criminal record, the penalties under Florida law, and how an experienced lawyer can help protect your future.
Understanding Petit Theft and Shoplifting Charges in Florida
As a Florida Petit Theft Defense Attorney, I have represented hundreds of clients accused of shoplifting across the state. Many are shocked to learn that what began as a small mistake, such as forgetting to pay for an item or switching price tags, can result in a criminal charge under Florida Statutes §812.014, the law that defines theft offenses.
Under Florida Statute §812.014(1):
“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or a benefit from the property, or appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”
This statute applies broadly to both traditional shoplifting and other forms of theft. Even taking a small item without paying can qualify as petit theft, depending on the value of the merchandise. The term “shoplifting” is not used in the statute itself, but retailers and law enforcement often refer to retail theft as shoplifting.
What Makes Shoplifting a Petit Theft Charge
Petit theft refers to the theft of property valued at less than $750. Florida breaks it down into two degrees:
- Petit Theft of the Second Degree: Property valued at less than $100. Classified as a second-degree misdemeanor, punishable by up to 60 days in jail, a $500 fine, and possible probation.
- Petit Theft of the First Degree: Property valued at $100 or more but less than $750. Classified as a first-degree misdemeanor, punishable by up to one year in jail, 12 months probation, and a $1,000 fine.
If the value of the property exceeds $750, the charge escalates to grand theft, a felony under Florida Statute §812.014(2).
Even a minor theft charge can have long-term consequences. A conviction for petit theft is considered a crime of dishonesty, which means it can appear on background checks and impact job applications, licensing, and immigration status. Employers and state agencies often view these convictions as serious indicators of moral character.
Why Shoplifting Becomes a Criminal Record
Many people think that a shoplifting charge will just result in a fine or community service. Unfortunately, Florida law treats theft offenses as crimes of intent. The state must prove that you intended to steal, which can be difficult in many situations.
However, once charged, the case enters the criminal justice system, and the record of arrest and prosecution can remain even if the case is later dismissed. Retail theft incidents are often recorded on store surveillance cameras, and large retailers frequently push for prosecution, even for first-time offenders.
This is why having a private defense lawyer is critical. Without skilled representation, a single misunderstanding could become a permanent criminal record.
The Role of Intent in Petit Theft Cases
In many petit theft cases, intent is the most contested issue. You can only be convicted if the state proves you knowingly took or tried to take property that was not yours. There are many scenarios where intent is unclear:
- Forgetting to pay for an item at self-checkout
- Accidentally walking out of a store with unpaid merchandise
- Switching price tags without understanding it’s considered theft
- Taking property that you believed was abandoned or yours
A strong defense often begins with challenging the intent element. I have successfully defended clients by showing that the act was accidental or due to misunderstanding.
Defenses to a Florida Petit Theft Charge
A Florida Petit Theft Defense Attorney can apply several strategies to fight these charges. Some of the most effective include:
- Lack of Intent – Demonstrating the act was unintentional or accidental.
- Mistaken Identity – Proving that store employees or witnesses misidentified the accused.
- Ownership Dispute – Arguing that the accused believed the property belonged to them.
- Illegal Detention or Search – If store security or police conducted an unlawful detention or search, evidence may be suppressed.
- Diversion Programs – For first-time offenders, many counties offer pretrial diversion programs that result in dismissal upon completion of community service or restitution.
A private attorney can negotiate these outcomes, often preventing a conviction altogether.
Real Case Example: First-Time Shoplifting Charge Dismissed
A college student in Tampa was arrested for shoplifting after she placed makeup items worth about $85 into her purse while distracted on her phone. Store security detained her until police arrived. She had no prior record and was terrified that the arrest would destroy her career goals in healthcare.
I reviewed the surveillance footage and noticed that she paid for other items but absentmindedly missed the smaller ones. I presented this to the prosecutor along with character references and proof of her volunteer work. I also enrolled her in a theft awareness course prior to court.
The result: the case was diverted, the charge was dismissed, and she avoided a criminal conviction. Her record was later expunged, allowing her to pursue her medical career without the burden of a theft charge.
Why You Need a Private Defense Attorney
Public defenders are valuable resources, but they often carry heavy caseloads and limited time for each client. A private attorney can:
- Investigate every detail of your arrest
- Challenge improper evidence or store procedures
- Negotiate directly with prosecutors for diversion or dismissal
- Protect your record by pursuing expungement after resolution
Having a dedicated advocate means your case receives the focused attention needed to achieve the best result.
Collateral Consequences of a Petit Theft Conviction
Beyond criminal penalties, a petit theft conviction can affect your life in other ways:
- Employment: Many employers conduct background checks. A theft conviction can prevent hiring in financial, retail, or healthcare industries.
- Professional Licensing: Licensing boards view theft as a reflection on moral character.
- Immigration Status: Non-citizens can face deportation or visa denial.
- Driver’s License Suspension: Under Florida Statute §812.0155, repeat theft offenders can face a driver’s license suspension for up to one year.
These collateral impacts often outweigh the immediate punishment, which is why legal defense is essential.
Florida Law on Retail Theft
Retail theft is further defined under Florida Statute §812.015(1)(d):
“Retail theft means the taking possession of or carrying away of merchandise, property, money, or negotiable documents, altering or removing a label, universal product code, or price tag, or transferring merchandise from one container to another with intent to deprive the merchant of possession, use, benefit, or full retail value.”
Under this law, you can be charged even without leaving the store. Simply concealing or altering an item’s price tag may qualify as retail theft.
A Florida Petit Theft Defense Attorney can analyze the surveillance footage, witness statements, and police reports to determine if the prosecution can actually prove all the required elements.
When a Misdemeanor Becomes a Felony
If you have prior theft convictions, a new charge can be upgraded. Under Florida Statute §812.014(3)(c), a person who commits petit theft and has two or more prior theft convictions may be charged with felony petit theft, punishable by up to five years in prison.
This enhancement dramatically raises the stakes. It also makes it even more important to avoid a first conviction. Once you have a prior record, future offenses carry heavier penalties and fewer diversion opportunities.
Prosecutor Negotiations and Plea Reductions
An attorney experienced in theft defense can often negotiate a plea to a lesser offense such as disorderly conduct, trespass, or a non-criminal infraction. These resolutions can avoid a permanent mark on your record and protect your employment eligibility.
Prosecutors may agree to reduce charges when the defendant shows genuine remorse, pays restitution, and completes a theft awareness course. Having a skilled lawyer handle these discussions ensures your rights and future are prioritized.
Why Timing Matters
The sooner you involve a private defense lawyer, the better your chances of avoiding lasting damage. Early intervention allows your attorney to preserve evidence, secure witness statements, and discuss alternatives before charges are formally filed.
Delaying can mean losing opportunities for pre-filing diversion or charge reduction. Many theft cases are winnable with proactive defense strategies.
Florida Statutes Relevant to Petit Theft
- §812.014 – Defines theft and classifies offenses by value.
- §812.015 – Defines retail theft and penalties for shoplifting.
- §812.0155 – Authorizes driver’s license suspension for theft convictions.
- §775.082 and §775.083 – Provide the general penalties for misdemeanors and felonies.
Knowing how these statutes interact helps me build defense strategies tailored to each case’s facts.
Rebuilding After a Petit Theft Arrest
Even if your case was dismissed, your arrest record still exists. Florida law allows expungement or sealing under certain conditions. An attorney can help you file the required petitions to clear your record, allowing you to move forward without the shadow of an arrest.
I often assist clients with sealing and expunging records after resolving their cases successfully. Clearing your record restores opportunities for employment, housing, and education.
FAQs About Petit Theft in Florida – Answered by a Florida Petit Theft Defense Attorney
What happens after a shoplifting arrest in Florida?
After arrest, you may receive a Notice to Appear in court. Even if you were released at the scene, you are still facing a criminal charge. The court will set an arraignment date where you will enter a plea. Having a Florida Petit Theft Defense Attorney at this stage can ensure your rights are protected and may lead to early dismissal or diversion.
Can a petit theft charge be dropped?
Yes, with the right strategy. Prosecutors may agree to dismiss charges if the evidence is weak, if intent cannot be proven, or if you complete a diversion program. An experienced attorney can negotiate this outcome and ensure the case does not proceed to trial.
What if it was my first offense?
First-time offenders often qualify for pretrial diversion programs. Successful completion usually results in dismissal. You may also be eligible to have the record expunged afterward. A private defense lawyer can help you apply and meet all program requirements.
Can store security hold me until police arrive?
Florida law allows merchants to detain suspected shoplifters for a reasonable time while waiting for police, but only if they have probable cause. If the detention was unlawful or excessive, your attorney can challenge the legality of the arrest and move to suppress evidence.
Will I lose my job over a petit theft charge?
It depends on your employer and job type. Many employers view theft as a serious breach of trust, particularly in retail or financial positions. Having your attorney seek dismissal, reduction, or expungement is the best way to prevent damage to your career.
Can a petit theft conviction affect my driver’s license?
Yes. Under §812.0155, the court can suspend your driver’s license for up to one year for a first conviction and up to two years for a second conviction. Your lawyer can often negotiate alternatives to prevent suspension.
How does a lawyer fight a theft case?
A defense lawyer examines the evidence for inconsistencies, challenges the credibility of witnesses, and reviews video footage to find gaps in the prosecution’s proof. Many cases are won by exposing weaknesses in how intent was established.
Can I expunge my record after a petit theft case?
If your case was dismissed or you received a withhold of adjudication, you may qualify to have the record sealed or expunged. Once sealed, it will no longer appear on most background checks. Your attorney can file the necessary petitions and guide you through the process.
Call Musca Law For a Free Consultation With a Florida Petit Theft Defense Attorney
If you were arrested for shoplifting or charged with petit theft, the consequences can affect your freedom, reputation, and career. You deserve a strong defense.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation. 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. With over 35 office locations throughout Florida, we serve clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
Protect your future today by speaking directly with a Florida Petit Theft Defense Attorney who will fight for your rights and work to keep your record clean.