Is Shoplifting a Theft Offense in Florida?

If you or your child are facing shoplifting allegations, what type of theft-related charges should you be expecting under Florida law? Since Florida does not have a specific criminal offense called “shoplifting,” sometimes people do not understand the type of charge they are facing if they have been accused of taking property from a retail store. While the colloquial understanding of “shoplifting” is that it is not a particularly serious offense, it is essential to know that Florida takes even petit theft charges seriously, and you are likely going to be facing a term of imprisonment if you are convicted of a theft-related charge concerning even relatively low-value property. Our theft defense attorneys in Tampa can explain in more detail.

Defining “Retail Theft” in Florida

Shoplifting is not a named criminal offense on its own, but this does not mean that you cannot face charges for the type of act that is colloquially known as shoplifting. According to Merriam-Webster, the dictionary definition of shoplifting is “to steal displayed goods from a store.” Under Florida law, the general understanding of shoplifting fits under the state’s definition of “retail theft,” which means:

“[T]he taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use benefit, or full retail value.”

In other words, if a person takes property from a store, or changes the price tag or otherwise takes actions to pay less than the store’s retail value for the property, then they can face allegations of retail theft.

Theft Crimes in Florida, Including Retail Theft

Section 812.014 of the Florida Statutes says a person can face theft-related charges “if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently, a) deprive the other person of a right to the property or a benefit from the property, or b) appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

If you are accused of shoplifting — a type of retail theft — the severity of the charges you will be facing will depend on the value of the item stolen or at issue. When property that has been “shoplifted” is valued at less than $750, the person will face petit theft charges for a misdemeanor. As soon as the value of the property is $750 or more, then the person will be facing charges for grand theft, which are various degrees of felony offenses depending on the value of the property.

Contact a Tampa Criminal Defense Lawyer for Assistance Building a Defense Against the Retail Theft Charges You Are Facing

Do you need assistance defending against theft-related charges in Florida? An experienced Tampa retail theft defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can begin working with you today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.015.html