Clearwater Theft Crime Defense Attorney

What Is Theft in Florida?

In Florida, “theft” refers to any situation where someone takes another’s property, without their consent, and does not intend to give it back. Embezzlement, larceny, burglary, shoplifting, and robbery are all considered forms of theft. 

It is also unlawful to defraud, which can occur when one provides false information to a pawnbroker (Florida Statute § 539.001), writes a worthless check (Florida Statutes § 832.05), commits embezzlement (Florida Statute § 812.014), and other “crimes of dishonesty.” 

As you can tell, theft charges are nuanced and encompass many acts. Skipping out on a check at a restaurant, even if done unknowingly, can lead to an arrest, as can possessing illegally altered property. Our firm is familiar with all types of theft offenses. We can help you understand your specific charges and review your defense options.

Shoplifting Charges 

People make mistakes. Shoplifting, or retail theft, is a common offense that is often the result of impulsive behavior and may only involve the theft of relatively inconsequential, low-value property.

You may be charged with shoplifting if you:

• Attempt to take merchandise from a store without paying for it
• Hide merchandise in a bag or on your person
• Remove or switch merchandise tags
• Remove or circumvent any security devices attached to merchandise

Possible penalties for a conviction depend on the dollar amount of the property that was allegedly stolen and if you have any prior convictions on your record. If the stolen property was valued under $100, you may be charged with second-degree petit theft and face a $500 fine and 60 days in jail. If the value is more than $750, it will be charged as first-degree petit theft which carries possible penalties of a year in jail and a $1,000 fine. Petit theft can also be charged as a felony, or if the property that was stolen has a higher value, generally in tens of thousands of dollars or more, you may be facing elevated grand theft charges.  

A single bad decision should not ruin your life. Fortunately, shoplifters can sometimes avoid criminal charges and penalties if the offense involves merchandise valued at less than $300. Prosecutors may allow a store owner or merchant to sue in civil court for damages. However, this option is generally only entertained if the stolen goods are returned in good condition. If the suit is successful, the defendant may be expected to pay two to three times the merchandise’s retail value. 

Criminal Penalties for Theft in Florida 

The severity of the charges you will face for theft offenses will depend on the total value of the goods and services involved. The greater the value, the more serious the charges. Penalties can range from 60 days in jail and a $500 fine to 30 years in prison and a fine of up to $10,000. You may also face additional charges if a person was injured in the commission of the crime, property was damaged, or a weapon was used. 

Stiffer penalties, or “sentencing enhancements,” can also be imposed if you are considered a habitual offender, or someone whose record includes two or more felony convictions and you are facing a third or subsequent charge within five years of the last conviction. Those charged under Florida’s habitual offender law face substantially longer imprisonment, mandatory minimum sentencing, and may be ineligible for parole.