Miami Shoplifting Attorney

Defending Against Shoplifting Charges in Florida

If you have been arrested or charged for a shoplifting offense anywhere in Miami, Florida, you cannot take these charges lightly. Even first-time offenders who have no previous criminal record could be facing life-changing consequences.

Call us today at (800) 798-0243 or contact us online to schedule a consultation with our shoplifting lawyer in Miami.

What is Considered Shoplifting in Florida?

Shoplifting is most often classified as petit theft in Florida, as the value of items taken typically does not exceed $300. However, if the amount shoplifted exceeds this amount, the offense can be charged as grand theft.

Florida law classifies shoplifting under Florida Statute §812.015, which defines retail theft as:

• Taking possession of or carrying away merchandise.
• Altering or removing a price tag or label.
• Transferring merchandise from one container to another.
• Committing any act intended to deprive a retailer of their merchandise.

The severity of shoplifting charges depends on the value of the stolen merchandise, as well as the accused’s prior criminal record.

Although considered a lesser theft crime, shoplifting may still result in a misdemeanor or even a felony conviction on your criminal record, affecting employment and educational opportunities as well as your reputation and any career you may have been pursuing.

What is the Punishment for Shoplifting in Florida?

Shoplifting often involves retail theft. A person commits this offense when he or she intentionally takes or attempts to take merchandise without paying for it.

Depending on the value of the property taken and the defendant's prior criminal record, if any, the following penalties may be implemented for a Miami, Florida shoplifting conviction:

• Second-Degree Petit Theft (Shoplifting an item(s) valued at less than $100): 2nd degree misdemeanor, punishable by up to 60 days in jail.
• First-Degree Petit Theft (Shoplifting an item or items valued at $100 to less than $300): 1st degree misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000.
• Grand Theft in the Third Degree (Shoplifting of an item or items valued at $300 to less than $5,000): 3rd degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.

Alternative sentencing may be available to first-time offenders in some situations, although this will typically vary on a case-by-case basis.

Additional Consequences of a Shoplifting Conviction

Beyond the legal penalties, a shoplifting conviction can have lasting repercussions, such as:

• Difficulty Finding Employment: Employers may be hesitant to hire individuals with theft-related offenses.
• Ineligibility for Housing: Landlords often conduct background checks, and a shoplifting conviction may limit housing options.
• Loss of Professional Licenses: Certain professions require a clean criminal record.
• Immigration Consequences: Non-citizens may face deportation or other immigration issues.

A Miami shoplifting lawyer can fight to minimize these consequences and protect your future.

Common Defenses Against Shoplifting Charges

Lack of Intent

Mistaken Identity

Ownership or Permission

Lack of Evidence

Entrapment

Procedural Defenses

Steps to Take After Being Accused of Shoplifting

If you are accused of shoplifting, it is essential to take the following steps to protect your rights:

1. Remain Silent: Avoid making statements to law enforcement or store employees without consulting an attorney.
2. Request Legal Representation: Contact a Miami shoplifting lawyer immediately to ensure your rights are protected.
3. Preserve Evidence: If possible, gather any evidence that supports your case, such as receipts, witness contact information, or documentation of events.
4. Avoid Discussing the Case: Do not discuss the details of your case with anyone other than your attorney, as these statements could be used against you.

Diversion Programs for First-Time Offenders

First-time offenders in Florida may qualify for a diversion program, which can help avoid a conviction. These programs often involve:

• Completion of an educational course.
• Community service hours.
• Restitution to the retailer.
• Regular check-ins with a probation officer.

Upon successful completion of the program, the charges may be dismissed, and the offender can request to have their record sealed or expunged. A Miami shoplifting attorney can determine if you are eligible for diversion and guide you through the process.

Contact Our Shoplifting Lawyer in Miami Today

It is important to take immediate action to protect your future if you are charged with shoplifting or another theft crime. By discussing your case with Miami criminal defense lawyer Michael Mirer, you can find out more about your legal rights and what options you have in fighting your charges and avoiding a conviction.

If you are interested in learning more about how an experienced Miami shoplifting attorney can help you challenge your criminal charges, call today.

• Attorney Mirer has more than a decade of experience handling 100+ trial cases.
• Attorney Mirer is a former Miami-Dade prosecutor and experienced litigator.
• Attorney Mirer has the background and knowledge to offer you valid guidance and advice.
• Attorney Mirer has the grit and tenacity needed for aggressive representation.

Contact us today to get started with our Miami shoplifting attorney.

Commonly Asked Questions

Do First-Time Shoplifters Go to Jail in Florida?

First-time shoplifters in Florida may face jail time, but it is not guaranteed. The penalties depend on the value of the stolen merchandise and the specific circumstances of the case. Shoplifting items valued at less than $750 is typically charged as petit theft, which can result in up to one year in jail. However, many first-time offenders may avoid jail time through alternative options, such as a pretrial diversion program. Successful completion of such a program often leads to the dismissal of charges. 

Is Stealing $500 a Felony in Florida?

No, stealing $500 is not considered a felony in Florida. Under Florida Statute §812.014, stealing property valued between $100 and $750 is classified as petit theft in the first degree, which is a misdemeanor offense. The penalties for this charge include up to one year in jail, a fine of up to $1,000, and possible probation or community service. However, repeat offenders or those with prior theft convictions could face enhanced charges or penalties even for thefts under the $750 threshold.

What Is the Statute of Limitations in Florida for Shoplifting?

The statute of limitations for shoplifting in Florida depends on how the offense is classified:

• The statute of limitations is 1 year for a second-degree misdemeanor.
• The statute of limitations is 2 years for a first-degree misdemeanor.
• The statute of limitations is 3 years for third-degree felonies (merchandise valued between $750 and $20,000).
• The statute of limitations is 4 years for second-degree felonies.

The statute of limitations begins on the date of the alleged offense. If charges are not filed within the applicable time frame, the prosecution loses the ability to pursue the case. Consulting with a shoplifting attorney can help you understand how the statute of limitations may apply to your case.