Florida Criminal Defense Lawyer Explains What’s at Stake, What the Law Says, and How You Can Protect Your Record

Understanding Why Shoplifting Is Treated So Seriously In Florida

As a Florida Criminal Defense Lawyer, I have seen many people underestimate a shoplifting charge. Some believe it is a minor issue or something that can be resolved by simply paying restitution. Unfortunately, that assumption can lead to lasting harm. Shoplifting, known under Florida law as “retail theft,” can carry criminal penalties that affect your freedom, your job, your background check, and your reputation.

Under Florida Statute §812.015(1)(d), retail theft occurs when a person “knowingly takes possession of or carries away, transfers or causes to be carried away, or removes or alters a label, universal product code, or price tag, with intent to deprive the merchant of possession, use, benefit, or full retail value.”

If you are accused of any of the following acts, you can face arrest for retail theft:

  • Taking an item from a store without paying.

  • Switching price tags to pay less.

  • Concealing merchandise and leaving the premises.

  • Working with another person to steal merchandise or merchandise value above certain thresholds.

Even first-time offenders can face misdemeanor or felony charges, depending on the alleged value of the property and prior offenses.

What Florida Law Says About Shoplifting Penalties

Under Florida Statute §812.014(2), penalties depend on the value of the merchandise:

  • Petit Theft of the Second Degree (§812.014(3)(a)) – Merchandise under $100, punishable by up to 60 days in jail and a $500 fine.

  • Petit Theft of the First Degree (§812.014(2)(e)) – Merchandise between $100 and $750, punishable by up to one year in jail and a $1,000 fine.

  • Grand Theft of the Third Degree (§812.014(2)(c)) – Merchandise valued at $750 or more, or certain property types (firearms, motor vehicles, or medical equipment), punishable by up to 5 years in prison and a $5,000 fine.

A prior theft conviction can elevate a new charge to a higher degree. That means even a low-value shoplifting accusation can become a felony if you have a prior theft-related offense.

This is where a private defense attorney can make a major difference. A skilled lawyer can negotiate for a dismissal, a diversion program, or a plea that avoids a criminal conviction entirely. Without proper legal representation, you risk a permanent criminal record that may never be sealed or expunged.

Why Immediate Legal Representation Matters

When you are arrested for shoplifting, the clock starts ticking immediately. Evidence like surveillance footage, witness statements, and store reports can either help or hurt your case. An attorney can preserve that evidence before it disappears.

Retail corporations often work closely with local prosecutors. Many major stores have dedicated loss prevention teams and private investigators who document alleged thefts. They rarely drop charges on their own. A defense lawyer must step in early to challenge probable cause, the store’s procedures, or how the alleged theft was discovered.

For instance, many arrests result from misunderstandings, such as forgetting an item at the bottom of a shopping cart or being distracted while checking out. A private attorney can demonstrate lack of intent, which is a key element under Florida law.

Quoted Statute: Florida Statute §812.015(1)(d)

“Retail theft” means the taking possession of or carrying away, transferring or causing to be carried away, or removing or altering a label, universal product code, or price tag, with intent to deprive the merchant of possession, use, benefit, or full retail value.

Intent is critical. Without proof that you intended to deprive the merchant, there is no theft under Florida law. That is why representation matters from the first moment of your case.

Real Case Example: Securing a Dismissal for a Young Professional

A recent case I handled involved a young nurse in Tampa accused of shoplifting cosmetics valued at $86 from a retail chain. She had never been arrested before and was terrified of losing her job and nursing license. The store security detained her and called the police, resulting in an arrest for Petit Theft, Second Degree.

After obtaining the store’s surveillance footage, I identified several discrepancies. The footage showed her distracted on the phone while using a self-checkout kiosk. The supposed “concealment” occurred because an item slid into a bag before being scanned. We presented this to the prosecutor along with proof of her spotless record and employment history.

Within weeks, I secured a pre-trial intervention program. After completing community service and a short educational course, her case was dismissed. Her record was later expunged, and her nursing license remained intact.

That outcome was possible only because she contacted an attorney immediately.

Defenses Against Shoplifting Charges

Every theft accusation has a context. Florida law requires prosecutors to prove intent beyond a reasonable doubt. Some of the most effective defenses include:

  • Lack of Intent: The accused must have knowingly intended to deprive the store of its property. Forgetting to pay or being distracted is not theft.

  • Mistaken Identity: Many stores rely on low-quality surveillance video or eyewitnesses who may misidentify the suspect.

  • Insufficient Evidence: Prosecutors must prove you actually took or attempted to take the property.

  • Improper Detention: Loss prevention officers must have probable cause to detain someone. If they used excessive force or held you unlawfully, that can be challenged.

  • Constitutional Violations: Illegal searches, seizures, or forced confessions can result in evidence being thrown out.

A private Florida Criminal Defense Lawyer can evaluate every detail and develop a defense tailored to your case.

The Long-Term Consequences of a Shoplifting Conviction

A conviction for theft, even for a small amount, becomes a permanent part of your criminal history. Under Florida law, theft is considered a “crime of dishonesty.” Employers, landlords, and licensing boards view it as a serious character issue.

A conviction can:

  • Prevent you from passing background checks.

  • Result in professional license denial or suspension.

  • Disqualify you from certain jobs or promotions.

  • Affect your immigration status if you are not a U.S. citizen.

Because of these consequences, fighting for dismissal or reduction is crucial. I have seen clients lose professional opportunities over a $20 theft accusation. The only way to protect your record is to address the charge immediately with an experienced attorney.

When a Shoplifting Charge Becomes a Felony

Many people are surprised to learn that repeated shoplifting arrests can quickly escalate into felony territory. Under §812.014(3)(c), if you have two prior theft convictions, your next charge can be prosecuted as a felony, regardless of the value of the stolen goods.

Additionally, if the merchandise value exceeds $750 or the theft involves certain property types such as firearms or motor vehicles, prosecutors can file grand theft charges carrying up to 5 years in prison.

Private counsel can often negotiate to keep the charge at the misdemeanor level or secure entry into a diversion program, avoiding the felony record entirely.

The Importance of Private Counsel Versus a Public Defender

Public defenders handle hundreds of cases at once. While many are dedicated professionals, they are limited by time and resources. A private attorney has the flexibility to investigate, file motions, and engage in negotiation that may not be possible under the public system.

I personally meet every client, review the evidence line by line, and contact witnesses directly. Many of my clients come to me after realizing their initial public defender had little time to discuss the case. Early private representation often leads to better outcomes, including dismissal or sealing of the record.

How Diversion and Pretrial Programs Work

Florida’s Pretrial Intervention Program (PTI) allows first-time offenders to complete community service or educational programs in exchange for dismissal. These programs vary by county but generally require restitution to the store and completion of an anti-theft course.

Once the case is dismissed, your record becomes eligible for expungement under Florida Statute §943.0585, which allows for the removal of arrest records from public access.

I frequently help clients through this process, ensuring every step is completed correctly so their record remains clear.

Protecting Your Future and Your Rights

From college students to professionals, a shoplifting charge can derail your future. It is not simply a “minor mistake.” It is a criminal accusation that can follow you for years.

Early intervention by a skilled Florida Criminal Defense Lawyer can:

  • Prevent filing of formal charges.

  • Secure diversion instead of conviction.

  • Challenge illegal detentions or false statements.

  • Protect your record from public disclosure.

If you have been accused, do not wait for the court date. The earlier your attorney intervenes, the stronger your defense becomes.

Florida Shoplifting Arrests And Legal Representation FAQs

How serious is a first-time shoplifting arrest in Florida?
A first offense can still result in a criminal record. Even a misdemeanor theft conviction under §812.014(3)(a) carries jail time and fines. The bigger concern is your permanent record, which affects employment and background checks. A private attorney can pursue dismissal or diversion, ensuring your record remains clear.

What if I already paid for some items but forgot one in my cart?
That often happens, especially with self-checkout systems. Florida law requires proof of intent to deprive the merchant. If it was an honest mistake, an attorney can show lack of intent and request dismissal or non-prosecution.

Can a store drop shoplifting charges after filing?
Once law enforcement is involved, the decision lies with the prosecutor, not the store. However, your lawyer can negotiate with the State Attorney’s Office for a dismissal or reduced charge, especially if restitution is paid and there are no prior offenses.

Will a shoplifting arrest appear on my record even if charges are dropped?
Yes, arrests remain visible until they are formally expunged. After your case is dismissed, a lawyer can file for expungement under §943.0585 to clear it from public databases.

What if I am accused of shoplifting with a friend?
Florida law allows prosecutors to charge both individuals if there is evidence of a joint effort. Even if you did not personally take the item, you could be accused of aiding or abetting. A defense lawyer can distinguish your actions and show lack of shared intent.

Can a shoplifting charge affect professional licensing or immigration?
Absolutely. Theft is classified as a crime of moral turpitude, which can impact immigration status and professional licenses for nurses, teachers, or real estate agents. Legal representation is essential to avoid a conviction.

Do I have to go to court if I hire a lawyer?
In many cases, your attorney can appear on your behalf for misdemeanor shoplifting charges. This saves you from missing work or school and helps control the presentation of your defense.

Is there a way to avoid prosecution entirely?
Yes, early intervention often results in pre-filing negotiations with the prosecutor’s office. If handled quickly, your attorney may persuade them not to file charges, based on lack of evidence or mitigating factors.

Can video footage help prove my innocence?
Yes, but stores often delete video within days. That’s why immediate representation is vital. Your lawyer can request and preserve footage before it disappears, potentially proving your innocence.

Why do I need a private Florida Criminal Defense Lawyer instead of waiting for a court-appointed attorney?
Because your future depends on it. Private counsel has the time and resources to investigate, challenge the evidence, and protect your record. Each case deserves personal attention, not a rushed defense in a crowded docket.

Speak With Our Florida Criminal Defense Lawyers Today


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 criminal or traffic offenses. We are available day and night at 1-888-484-5057 for your free consultation. With more than 35 office locations throughout Florida, we serve clients across Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

If you or someone you care about has been arrested for shoplifting, don’t take chances with your future. Talk directly to a Florida Criminal Defense Lawyer who will protect your rights and fight to keep your record clean.