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How serious are shoplifting penalties in Florida?

On Behalf of | Jul 30, 2024 | Criminal Defense

Does America have a shoplifting problem? A recent nonpartisan Council on Criminal Justice analysis shows no clear rise in retail theft. However, a significant number of retailers reported an increase in merchandise loss last year.

But what do Americans believe when it comes to shoplifting? Do they consider it a growing threat? Perhaps more importantly, do shoplifters realize they can face serious penalties?

Shoplifting is not considered a “victimless” crime

Attitudes toward shoplifting can be wildly different. Some people are pushing for more severe punishments. Others are indifferent, especially when the targets are big retail companies. But one thing people can probably agree on is this: the penalty for shoplifting isn’t a slap on the wrist.

The penalty for retail theft in Florida depends on:

  • the value of the stolen merchandise
  • the defendant’s prior criminal history

If you face a shoplifting charge, here are two questions you should ask.

What counts as shoplifting?

Florida defines shoplifting or retail theft as intentionally depriving a merchant by:

  • Taking or carrying away any merchandise, property, money or negotiable documents
  • Altering or removing a label, universal product code or price tag
  • Removing a shopping cart from business premises

Talk to your lawyer if you committed any of these by accident or under threat by others.

How serious are the penalties?

Depending on the value of the stolen merchandise, you could face petit theft or grand theft charges. Here are the penalties based on the charge.

For stolen merchandise valued at less than $100:

  • Second-degree petit theft charge: This misdemeanor carries a maximum penalty of 60 days in jail and/or a $500 fine.
  • First-degree misdemeanor charge: The second-degree misdemeanor gets upgraded for defendants previously convicted of any theft.
  • Third-degree felony charge: The misdemeanor gets upgraded for defendants previously convicted of two or more theft offenses.

For stolen merchandise valued between $100 and $750:

  • First-degree petit theft charge: This misdemeanor carries a maximum sentence of one year in county jail, one year of probation, and/or a $1,000 fine.
  • Suspension of your driver’s license: The suspension can last six months for a first offense and up to one year for second or subsequent offenses.

For stolen merchandise valued between $750 and $5,000:

  • A third-degree grand theft charge: A felony punishable by up to five years in state prison and/or up to a $5,000 fine.

The penalties listed above are severe, even for the lowest level charge. That’s why it’s advisable to talk to an experienced criminal defense lawyer before answering questions from the police after an arrest.