Theft and Shoplifting defense in Florida.

Is shoplifting a misdemeanor or a felony in Florida?

It depends on the value of the property and the person's record. Shoplifting is charged as retail theft. Theft of property valued under $750 is petit theft, a misdemeanor, while theft of $750 or more is grand theft, a felony. Prior theft convictions can raise the level of a new charge, so a low value case can become more serious for someone with a history.

As a misdemeanor, petit theft carries up to 60 days or up to 1 year in jail depending on the degree charged. As a felony, grand theft is graded by degree, and a third degree felony carries up to 5 years in prison.

How the value of the property is determined

Because the line between a misdemeanor and a felony turns on value, how the state calculates value matters. Questions include which price was used, whether items from separate incidents were combined, and whether every item listed was actually taken or recovered.

Sometimes the value claimed for an item reflects a price tag rather than what the item was actually worth at the time. When a case sits near the $750 line, that difference can decide whether it is charged as a misdemeanor or a felony. Receipts, inventory records and the store's own documentation are reviewed through discovery.

Store security, video and intent

Shoplifting cases typically rely on store loss prevention staff, surveillance video and the items recovered. The defense compares the video to the written reports and examines what was said during any detention by store staff, including any written statement the person was asked to sign.

Intent is an element of theft. Forgetting an item in a cart, a mistake at a self checkout, or confusion over who was paying can be relevant facts, depending on what the evidence shows.

Options for a first theft charge

Pretrial diversion may be available for some eligible first time offenders, depending on the county and the prosecutor's office. A theft conviction can be especially damaging for employment, because employers often see it as a sign of dishonesty. Since a conviction generally prevents sealing or expungement, how a first case is resolved can have lasting effects.

DUI Lawyers Shield Firm handles petit theft, grand theft and retail theft cases and offers a free case review.

Other criminal defense pages

• Felony Defense
• Misdemeanor Defense
• Assault and Battery
• Gun Charges
• Burglary
• Robbery
• Juvenile Crimes
• Probation Violations
• Expungement and Sealing

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.