Shoplifting Lawyer in Clermont, FL

Defending Your Rights & Future in Clermont

Facing shoplifting charges in Claremont, FL, can be a daunting experience. The legal implications extend far beyond a simple fine, potentially impacting your employment, housing, and overall reputation. At The Law Offices of Justin Rickman, we understand the stress and uncertainty you're facing. Our dedicated team of criminal defense lawyers is committed to providing aggressive and compassionate representation to protect your rights and work towards the best possible outcome for your case.

We believe that everyone deserves a fair defense, and we are here to guide you through every step of the legal process. With a deep understanding of Florida's retail theft laws and local court procedures, we will tirelessly advocate on your behalf.

Contact us at (888) 835-5840 to start your confidential consultation. 

What is Considered Shoplifting in Florida?

In Florida, shoplifting is legally referred to as "retail theft" and is defined under Section 812.015 of the Florida Statutes. It encompasses more than just walking out of a store with unpaid merchandise. The law broadly defines retail theft as the act of unlawfully taking possession of, carrying away, or concealing merchandise, property, or money from a retail establishment with the intent to deprive the merchant of its full value.

Specifically, acts considered shoplifting in Florida include:

• Taking possession of or carrying away merchandise: This is the most common understanding of shoplifting – physically removing an item from a store without paying.
• Altering or removing a price tag or label: Changing the price of an item or removing a tag to pay less than the item's true value.
• Transferring merchandise from one container to another: Placing items from one package into another to conceal them or alter their perceived value.
• Removing a shopping cart: Taking a shopping cart from the premises with the intent to deprive the merchant of its use or value.
• Any act intended to deprive a retailer of their merchandise: This broad category covers various actions, even if you don't leave the store, such as concealing an item on your person with the intent to steal it.

The prosecution must prove that you intended to deprive the merchant of the property. Simply forgetting to pay for an item or a genuine mistake might not constitute shoplifting if there was no criminal intent.

Criminal Penalties for Shoplifting in Florida

The severity of penalties for shoplifting in Florida depends primarily on the value of the merchandise involved and your prior criminal record. Shoplifting charges can range from misdemeanors to serious felonies, carrying significant consequences.

Petit Theft (Misdemeanors)

• Second-Degree Petit Theft (Value less than $100): This is a second-degree misdemeanor, punishable by:
  • Up to 60 days in jail.
  • Up to six months of probation.
  • A fine of up to $500.
• First-Degree Petit Theft (Value between $100 and $750): This is a first-degree misdemeanor, punishable by:
  • Up to one year in jail.
  • Up to one year of probation.
  • A fine of up to $1,000.

Grand Theft (Felonies)

If the value of the stolen merchandise exceeds $750, the charge escalates to a felony, known as grand theft.

Third-Degree Grand Theft (Value between $750 and $20,000): This is a third-degree felony, punishable by:

• Up to five years in prison.
• Up to five years of probation.
• A fine of up to $5,000.

Second-Degree Grand Theft (Value between $20,000 and $100,000): This is a second-degree felony, punishable by:

• Up to 15 years in prison.
• Up to 15 years of probation.
• A fine of up to $10,000.

First-Degree Grand Theft (Value of $100,000 or more): This is a first-degree felony, carrying the most severe penalties:

• Up to 30 years in prison.
• Significant fines.

Enhanced Penalties for Repeat Offenders

Florida law imposes enhanced penalties for individuals with prior theft convictions. For instance, if you have two or more prior theft convictions, a new petit theft charge may be reclassified as a felony, regardless of the value of the stolen merchandise.

Civil Penalties

Beyond criminal charges, retailers in Florida are also entitled to pursue civil damages under Section 772.11 of the Florida Statutes. This means they can seek restitution for the full value of the stolen merchandise, along with additional penalties. Parents or guardians of minors who commit retail theft may also be held civilly liable.

The Long-Term Consequences of a Shoplifting Conviction

A shoplifting conviction can have far-reaching and lasting consequences that extend beyond immediate fines or jail time. A criminal record can severely impact:

• Employment Opportunities: Many employers conduct background checks, and a theft conviction can make it difficult to secure or maintain a job.
• Housing Applications: Landlords often run background checks, and a criminal record can lead to denied housing applications.
• Educational Prospects: A conviction might affect your eligibility for financial aid or admission to certain educational programs.
• Professional Licenses: Certain professional licenses may be revoked or denied with a theft conviction.
• Immigration Status: For non-citizens, a shoplifting conviction can have severe immigration consequences, including deportation.
• Reputation: A criminal record can damage your personal and professional reputation within the community.

Shoplifting FAQs

Can I be charged with shoplifting if I left the store without being stopped?

Yes, absolutely. Retailers often review security footage, conduct inventory checks, and gather employee statements after a suspected theft. Charges can be filed days or even weeks after the incident, based on this evidence.

What if I accidentally walked out with an item?

If you genuinely forgot to pay for an item and had no intent to steal, this is a crucial defense. We can argue that the prosecution cannot prove the necessary element of intent.

Do first-time shoplifters go to jail in Florida?

While jail time is a possibility, especially for higher value thefts, many first-time offenders for petit theft may avoid jail through alternative options like a pretrial diversion program. Successful completion of such a program often leads to the dismissal of charges.

How long does a shoplifting charge stay on your record in Florida?

A shoplifting conviction will appear on your criminal record unless it is dismissed, sealed, or expunged. Eligibility for sealing or expungement depends on various factors, including the type of charge and your criminal history.

What is the statute of limitations for shoplifting in Florida?

The statute of limitations depends on the severity of the charge. For second-degree misdemeanors, it's typically one year. For first-degree misdemeanors, it's two years. For felonies, it can range from three to five years. It's important to note that for petit theft, there is a carve-out that can extend the statute of limitations to five years.

Contact Your Claremont Shoplifting Defense Attorney Today

Don't let a shoplifting charge define your future. The consequences are serious, and having an experienced Claremont shoplifting defense lawyer on your side can make all the difference. At The Law Offices of Justin Rickman, we are dedicated to protecting your rights and helping you navigate this challenging time.

Call (888) 835-5840 or contact us online today for a confidential consultation to discuss your case.