Shoplifting vs. Grand Theft: Legal Distinctions and Consequences

Are you facing shoplifting or grand theft charges in Florida? These charges carry legal penalties that include jail and a criminal record. Working with an experienced criminal defense lawyer could help you avoid the most severe penalties or lead to an acquittal.

Here are the definitions of shoplifting and grand theft, the legal differences, and the potential consequences for a conviction.

Shoplifting in Florida

Shoplifting, or retail theft, happens when someone takes something from a store without paying for it. This might involve hiding an item in a bag, failing to pay a dinner or bar bill, taking money from someone’s purse or backpack, or switching price tags. The seriousness of shoplifting charges depends on the value of the stolen items, which Florida classifies as either petit theft or grand theft:

• Petit Theft – Stealing something worth $749 or less
• Grand Theft – Stealing something worth $750 or more

Shoplifting and Grand Theft Charges

As the value of the items increases, so does the severity of the charges:

• Second-degree Petit Theft – Stolen property value less than $100
  • Up to 60 days in jail
  • Maximum $500 fine
• First-degree Petit Theft – Stolen property value between $100 and $749
  • Up to one year in jail
  • Maximum $1,000 fine
• Third-degree Grand Theft – Stolen property value between $750 and $19,999
  • Up to five years in prison
  • Maximum $5,000 fine
• Second-degree Grand Theft – Stolen property value between $20,000 and $99,999
  • Up to 15 years in prison
  • Maximum $10,000 fine
• First-degree Grand Theft – Stolen property value $100,000 or more
  • Up to 30 years in prison
  • Maximum $10,000 fine

Additional Legal Implications

A shoplifting conviction at the grand-theft level has other consequences in addition to imprisonment and fines, potentially including:

• Probation
• Court-ordered community service
• Restitution to victims
• Potential deportation for non-U.S. citizens
• Criminal record that appears on background checks by employers, colleges, lenders, and leasing companies

Factors That Affect Penalties

The court sometimes has flexibility for sentencing and takes several factors into consideration:

• Value of the stolen property
• Use of a weapon in the theft
• Previous criminal record
• Victim’s age (consequences might be more severe if the victim is age 65 or older)

Importance of Legal Representation

If you’ve been accused of shoplifting in Florida, you should know that trying to navigate the legal process on your own is risky. Most people do not have the legal knowledge necessary to advocate for themselves effectively, leaving them at risk of the harshest consequences of a conviction. An experienced Florida criminal defense lawyer can help you by:

• Questioning the admissibility of evidence, particularly if it violates your Fourth Amendment rights.
• Negotiating a plea bargain with the prosecution.
• Exploring diversionary programs that keep you out of the criminal justice system, especially if this is your first offense.
• Defending your rights on the basic presumption of innocence until proven guilty.

Potential Defense Strategies

An experienced criminal defense attorney who handles shoplifting and grand theft cases can offer strategies to achieve the best outcome for your case. In practice, these defenses might include:

• Mistaken Identity – Produce evidence of an alibi that places you in another place at the time of the theft, or question the validity of an eyewitness
• Lack of Intent – Demonstrate that you did not intend to permanently deprive the owner of the property, and without criminal intent, the prosecution’s case becomes weak
• Consent – Show how you could have thought you had the owner’s permission to take the property
• Claim of Right – You might genuinely believe you have a legal claim to the property
• Duress or Coercion – You had no choice in the crime because another person threatened or coerced you

Talk to a Florida Criminal Defense Attorney

Any theft charge can be detrimental to your future. Assert your right to remain silent under questioning and ask for legal counsel. Then, contact AllStarr Legal for experienced criminal defense representation. We are here to help, but the first step is up to you. Call today for a consultation.