Shoplifting is a serious offense in Florida that can result in significant legal and life-altering consequences for the accused. The severity of the charge and its associated penalties depend primarily on the value of the stolen merchandise and whether or not the defendant has a criminal history.
An Orange County shoplifting lawyer at our firm could work diligently to help you avoid or minimize the severe and lasting repercussions of a criminal conviction. Our seasoned theft defense attorneys ensure that law enforcement and prosecutors follow correct procedures and do not violate your constitutional rights.
Shoplifting, also known as retail theft, is a serious offense that requires an aggressive and prompt defense from an experienced Orange County attorney. Courts categorize the crime by the value of the stolen items, ranging from petit theft (less than $750) to grand theft (over $750), with penalties that include jail time and fines.
To charge you with retail theft, the state must prove that you knowingly took possession of, carried away, or altered the price of merchandise from a store and that you intended to deprive the merchant of its use, possession, or full retail value.
Courts classify shoplifting as petit theft and a second-degree misdemeanor if the value of the shoplifted goods is less than $100. In that situation, the court may impose penalties of up to 60 days in jail and a $500 fine. If the value of the stolen merchandise ranges from $100 to $749, or the accused has a prior conviction, it is still petit theft but is a first-degree misdemeanor. In that case, the court may impose a sentence of up to one year in jail, a $1,000 fine, and one year of probation.
Shoplifting becomes grand theft and a felony if the value of the merchandise is $750 or more. For example, shoplifting charged as a third-degree felony is punishable by up to five years in prison, a $5,000 fine, and five years of probation. Coordinating multiple individuals or acts to commit theft over 120 days, with an aggregated value of $750 or more, is also a felony.
The prosecution must prove that you had intent to steal the item(s) to convict you of retail theft in Orange County, but our skilled legal team could launch a defense that disrupts the state’s case. For example, if you could show that you did not intend to permanently deprive the store of its property, your defense may be successful.
Sometimes, the person accused of shoplifting is not the person who committed the act. This can happen, for instance, when security footage is unclear or when multiple people with similar appearances are in the store. The prosecution must prove that you intended to take an item, left the store with it, and did so without paying or receiving consent.
The prosecution bears the burden of proving all elements of the crime beyond a reasonable doubt. If the evidence is weak or does not clearly establish that you intended to steal, the court might dismiss the charges, or the prosecution may choose to drop them.
In some instances, what appears to be shoplifting is the result of an honest misunderstanding or a simple mistake. For example, if you place an item in your bag and forget about it, someone could misconstrue that as shoplifting. The effectiveness of any defense depends on the specific facts of your case. It is crucial to consult with a criminal defense attorney at our firm to discuss your options.
Your shoplifting lawyer could negotiate with the Orange County prosecutor to get the charges reduced or even dismissed. For first-time offenders, our lawyers may help you qualify for a pre-trial diversion program. These programs typically require community service, classes, and restitution in exchange for having the charges dismissed upon successful completion.
Even a misdemeanor theft conviction can result in a permanent criminal record, which can impact your ability to secure a job, obtain housing, or apply for professional licenses. Our firm could work to prevent a conviction or advocate for alternative sentences, such as probation or fines, instead of jail time. Contact The Umansky Law Firm today to request your free review and discuss what may be possible for your case.
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