Miami Shoplifting Attorney

Former Miami-Dade Prosecutor. Over 100 Trials. Fighting for You.

A shoplifting charge in Miami can follow you long after the incident itself. Even first-time offenders with no prior record face misdemeanor or felony convictions that show up on background checks, cost professional licenses, and in some cases trigger immigration consequences. Acting quickly preserves defense options that can narrow with delay.

Attorney Michael Mirer brings a perspective most criminal defense attorneys can’t: he served as an Assistant State Attorney in Miami-Dade County and was appointed to the Career Criminal Robbery Unit, where he learned firsthand how prosecutors build retail theft cases. That experience, combined with over two decades of criminal defense work and more than 100 trials in Miami-Dade courts, shapes every defense strategy we build for shoplifting clients.

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

What Counts as Shoplifting Under Florida Law?

Florida Statute §812.015 governs retail theft and covers more conduct than most people realize. Shoplifting is typically charged as petit theft when the value of the merchandise is under the applicable threshold, but amounts above that threshold can support a grand theft charge.

Under §812.015, retail theft includes:

• Taking possession of or carrying away merchandise, property, money, or negotiable documents.
• Altering or removing a label, universal product code, or price tag.
• Transferring merchandise from one container to another.
• Removing a shopping cart.
• Committing any of the above with intent to deprive the merchant of possession, use, benefit, or full retail value.

Charge severity depends on the value of the stolen merchandise and the accused’s prior record. Even a first-time offense can result in a misdemeanor or felony conviction that affects employment, education, and professional opportunities.

Penalties for a Shoplifting Conviction in Florida

Penalties vary based on merchandise value and prior criminal history. A Miami shoplifting conviction can carry the following consequences:

• Second-Degree Petit Theft (items valued under $100): second-degree misdemeanor, punishable by up to 60 days in jail.
• First-Degree Petit Theft (items valued $100 to less than $750): first-degree misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000.
• Grand Theft in the Third Degree (items valued $750 to less than $20,000): third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.

Florida law can also suspend a driver’s license for up to six months on a first shoplifting conviction and up to one year on a second. Alternative sentencing may be available to first-time offenders depending on the circumstances.

Additional Consequences of a Shoplifting Conviction

The legal penalties are only part of the picture. A conviction can also mean:

• Difficulty Finding Employment: Employers may be reluctant to hire individuals with theft-related offenses on their record.
• Ineligibility for Housing: Many landlords run background checks, and a shoplifting conviction can limit your options.
• Loss of Professional Licenses: Certain professions require a clean criminal record to obtain or maintain licensure.
• Immigration Consequences: Non-citizens may face deportation or other immigration complications.

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

Common Defenses Against Shoplifting Charges in Miami

Because Attorney Mirer spent years on the prosecution side in Miami-Dade, he knows how the state builds retail theft cases and where those cases are vulnerable. Every defense we develop draws on that knowledge. Depending on the facts, defenses may include:

Lack of Intent
Florida Statute §812.015 requires proof of intent to deprive the retailer of merchandise. If the taking was accidental, such as an item placed in a bag by mistake or a forgotten payment, that can negate the required element. Intent must be proven beyond a reasonable doubt.

Mistaken Identity
Loss prevention officers and store surveillance footage can misidentify the accused. Alibis, receipts, or counter-surveillance placing you elsewhere at the time can support this defense.

Ownership or Permission
Taking merchandise with the store’s permission, through a legitimate transaction, or returning property that belongs to you is not theft. Evidence of permission or ownership can refute the charge entirely.

Lack of Evidence
Prosecutors must prove both the taking and the intent to keep merchandise without paying. Blurry footage, unreliable eyewitness testimony, or an absence of physical evidence can support a motion to dismiss.

Entrapment
If a store employee or law enforcement officer induced or coerced conduct that wouldn’t otherwise have occurred, entrapment may apply. It’s a less common defense, but one worth evaluating on the right facts.

Procedural Defenses
Unlawful detention, an illegal search, or improper questioning can result in evidence being excluded. When evidence obtained in violation of your constitutional rights is suppressed, the prosecution’s case may weaken significantly.

Steps to Take After Being Accused of Shoplifting

If you’ve been accused of shoplifting, protect yourself by taking these steps immediately:

1. Remain Silent: Don’t make statements to law enforcement or store employees without an attorney present.
2. Request Legal Representation: Contact a Miami shoplifting attorney right away to protect your rights from the outset.
3. Preserve Evidence: Gather receipts, witness contact information, and any documentation relevant to your case.
4. Don’t Discuss the Case: Statements made to anyone other than your attorney can be used against you.

Civil Demand Letters After a Shoplifting Accusation

A criminal charge isn’t the only thing an accused shoplifter may face. Under Florida Statute §772.11, any person who proves theft by clear and convincing evidence may seek treble damages, with minimum damages of $200, plus reasonable attorney’s fees and court costs. This civil action is entirely separate from any criminal proceedings.

After a shoplifting incident, many retailers send a civil demand letter requesting payment to cover theft-related losses. You aren’t legally required to pay it. Ignoring repeated letters may prompt the retailer to pursue a civil lawsuit, but making a payment or written statement without legal guidance can create complications in the parallel criminal matter. Some loss prevention employees pressure an accused person to pay before leaving the store. Don’t do so without first speaking with an attorney.

We can advise on whether responding to or disregarding a civil demand letter is appropriate given the facts of your case.

Diversion Programs for First-Time Offenders

First-time offenders in Florida may qualify for a pretrial diversion program as an alternative to conviction. These programs typically require:

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

Upon successful completion, charges may be dismissed and the offender can request to have their record sealed or expunged. Attorney Mirer can evaluate whether you qualify for a diversion program and guide you through every step of the process.

Why Miami Clients Choose Law Office of Michael Mirer, P.A.

If you’re facing a shoplifting charge or another theft crime, the attorney you choose matters. Here is what sets our firm apart:

• Attorney Mirer has over two decades of experience and has handled more than 100 trials in Miami-Dade courts.
• Attorney Mirer is a former Miami-Dade Assistant State Attorney who was appointed to the Career Criminal Robbery Unit, giving him direct knowledge of how local prosecutors build retail theft cases.
• Attorney Mirer has been selected for The National Trial Lawyers: Top 100 Trial Lawyers and named to the National Association of Distinguished Counsel’s Nation’s Top One Percent of Attorneys.
• Attorney Mirer holds an AV Preeminent Rating from Martindale-Hubbell.
• We use experienced investigators and expert witnesses to build personalized defense strategies tailored to each client’s situation.
• We are committed to exploring rehabilitation-oriented outcomes and alternative punishments focused on our clients’ long-term well-being.

Consultations are free and 100% confidential. We’re available 24/7.

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

Frequently Asked Questions

Do First-Time Shoplifters Go to Jail in Florida?

Jail is possible but not guaranteed. Penalties depend on the value of the stolen merchandise and the circumstances of the case. Shoplifting items valued under $750 is typically charged as petit theft under Fla. Stat. §812.014, which carries up to one year in jail. That said, many first-time offenders may avoid jail through a pretrial diversion program, and successful completion may lead to dismissal of charges. A Miami shoplifting attorney can evaluate which options may be available in your situation.

Is Stealing $500 a Felony in Florida?

No. Under Florida Statute §812.014, theft of property valued between $100 and $750 is classified as first-degree petit theft, a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, and possible probation or community service. Repeat offenders or those with prior theft convictions may face enhanced penalties even for thefts under the $750 threshold. Note that the $750 threshold under §812.014 differs from the $300 threshold in Florida’s retail theft statute §812.015; both are accurate under their respective statutes and may apply depending on how charges are filed.

What Is the Statute of Limitations for Shoplifting in Florida?

Under Florida Statute §812.035(10), a five-year statute of limitations applies specifically to retail theft charges and controls over the general limitation periods that otherwise apply. As a result, prosecutors may generally bring a retail theft case up to five years after the alleged offense.

For reference, the general periods under Florida’s criminal statutes are:

• 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 most third-degree felonies.
• The statute of limitations is 4 years for first-degree felonies.

Because the retail theft statute’s five-year period may override these general timeframes, consulting with a Miami shoplifting attorney can help you understand how the statute of limitations applies to your specific case.