Shoplifting is one of the most common crimes committed in the United States. According to data, approximately 10 million people have been caught shoplifting over the past five years. People often shoplift when they can’t afford something they want or when they’re trying to turn a profit selling stolen items. Some of the most common items that are shoplifted include high-end items such as purses, jewelry, and electronics.
Today, many people who attempt to commit shoplifting crimes use anti-shoplifting devices. In addition to charges a person faces for shoplifting, they face additional charges for using one of these devices. If you or someone you know is facing charges for shoplifting with the aid of a countermeasure, you can turn to the professional team at The Umansky Law Firm for help.
Grocery stores, department stores, and most small businesses have anti-theft devices in place to prevent shoplifting. Anti-theft devices scan items that pass a designated threshold and sound an alarm if they detect items that are unpaid. Anti-shoplifting countermeasures work to disable the technology installed in anti-theft devices so unpaid merchandise can pass without sounding an alarm.
Many anti-shoplifting countermeasures can be created from items found in one’s home. Some of the most popular countermeasures include rubber bands, hairpins, and magnets. There are also other tactics that shoplifters use to disarm security measures such as pulling the tags off items or disassembling security tags. In addition, some shoplifters create devices such as laminated bags or use technology to mask the abilities of anti-theft devices.
Possession of Anti-Shoplifting Countermeasures is defined by Florida law under Statute 812.015 The statute states:
“ ‘Anti shoplifting or inventory control device countermeasure’ means any item or device which is designed, manufactured, modified, or altered to defeat any anti-shoplifting or inventory control device.” The Fourth District Court of Appeal held that tin foil wrapped around a sensor did not violate this statute because tin foil in and of itself is not an item or device which is designed, modified, or altered to counter anti-shoplifting sensors while a booster bag that was heavily modified and altered to have tin foil lining was a violation of this statute.”
Any person convicted of having an anti-shoplifting countermeasure to aid in shoplifting faces serious penalties including up to 5 years in prison and up to $5,000 in fines. It’s considered a third-degree felony.
If you’ve been charged with Shoplifting and Possession of an Anti-Shoplifting Countermeasure, there are viable defense strategies you can use to mitigate your charges or reduce the penalties you face. A trustworthy and experienced criminal defense attorney will understand how to create the best defense strategy for your case. The most common defense strategies include misunderstanding of ownership and duress.
If you’re facing charges for Shoplifting and Possession of an Anti-Shoplifting Device, you can count on the attorneys at The Umansky Law Firm to defend your case. With more than 100 years of criminal defense experience in the Orlando area, The Umansky Law Firm understands what it takes for a case to stand up in court. Our attorneys care about you and work hard to get to know you throughout the entire process.
To talk to a real attorney, call 407-228-3838 or contact us online today. You deserve a second chance.
Contributing to the delinquency of a minor is a legal term that can refer to…
The State of Florida prevents an ex-spouse or partner from interfering with the allotted parenting…
Moving is an exciting experience, but the process can feel like a nightmare. When manifesting…
Theft charges can range from a misdemeanor to a felony in the state of Florida.…
The term “reckless driving” is commonly used and often poorly defined, but it is a…
We all know how treacherous driving on Interstate 4 can be. According to the Florida…