Whether you are arrested in the Colonial Town Park mall or your neighborhood Walmart, shoplifting is a much more serious crime than you might think. Under Florida law, shoplifting convictions carry harsh penalties, and you may face severe consequences, including a criminal record.
Consider the potential long-term effects on your life, and immediately contact a Sanford shoplifting lawyer at The Umansky Law Firm to start building your legal defense. Given the stakes involved, you cannot afford to delay getting help from a trusted theft defense attorney.
Shoplifting falls under the retail theft classification, and the charges and penalties depend on the value of the stolen goods.
This charge is a second-degree misdemeanor retail theft, punishable by up to 60 days in jail and a fine of up to $500.
The prosecutor can upgrade the charge to a first-degree misdemeanor, carrying penalties of up to one year in jail and a $1,000 fine.
These charges fall under third-degree felony grand theft, punishable by up to five years in prison and a $5,000 fine.
Having a prior conviction can lead to harsher penalties. If you have two or more prior theft convictions, you may face felony charges, even if the items are worth less than $300.
Prosecutors can charge you with a shoplifting felony even if the property has a relatively low value. You could still face jail time in a shoplifting case, regardless of the amount of property you allegedly took.
Arrests can have consequences beyond criminal penalties, including civil restitution (up to three times the merchandise value) and collateral consequences, such as a criminal record, driver’s license suspension, loss of employment or housing, and restrictions on professional licensing.
The law also considers shoplifting a “crime of moral turpitude,” meaning it can impact your immigration status. Our shoplifting lawyers in Sanford could advise you on specific considerations that may apply to your case.
Specific elements must exist for a shoplifting conviction. Under Florida Statutes § 812.015, the prosecution must establish that the defendant:
Retail theft can include actions such as hiding items, altering or removing price tags, or transferring merchandise from one container to another. To establish a shoplifting charge, the person must have intended to steal the item by keeping it without paying. Even if the merchandise does not leave the store, concealing it or skipping checkout can still constitute shoplifting.
The prosecution must prove each of these elements occurred beyond a reasonable doubt. Our experienced shoplifting attorneys in Sanford often challenge evidence as a key defense to avoid a conviction whenever possible.
When you hire one of our Sanford attorneys knowledgeable in shoplifting cases, we review your case to determine what defenses apply to the charges against you. We could advise you on whether to fight the charges, negotiate with the prosecutor for a plea bargain, or explore other defense options. Possible defenses to a shoplifting charge include the following.
One of the most effective defenses is claiming that you did not intend to steal. You might have accidentally taken an item or forgotten it was in your cart or bag.
If the accusation relies on surveillance footage or eyewitness testimony, your attorney may argue that you were wrongly identified.
Having a receipt, believing the item was yours, or having permission to take it could help defeat the theft allegation.
If store personnel or law enforcement violated your rights during the stop, search, or arrest, the prosecutor may exclude the evidence.
Beware: you can be charged with stealing from a store even if you are not arrested in the moment. An experienced Sanford shoplifting lawyer at The Umansky Law Firm could help you address and defend against your charges. Contact us today to schedule an initial consultation with a seasoned criminal defense lawyer to learn more about your case.
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