Shoplifting looks minor until it shows up on a background check. A theft conviction is a crime of dishonesty, and it can follow you in job applications and professional licensing long after the fine is paid.
How does Florida grade petit theft?
Petit theft is a misdemeanor, and the grade depends on the property and your record. A person who commits petit theft after one prior theft conviction commits a first-degree misdemeanor. With two or more prior theft convictions, a third theft can be charged as a third-degree felony. That means a second or third shoplifting charge can be much more serious than the first. Theft of property worth $750 or more is grand theft, covered separately.
What does the State have to prove in a shoplifting case?
The State has to prove you knowingly took or used someone else’s property, intending to deprive the owner of it or its benefit, or to use it as your own, even temporarily. Intent is often the issue. Forgetting an item in a cart, a self-checkout mistake, or a mix-up over a return are not theft. Video can help or hurt, and I look at it frame by frame.
What is the retailer’s civil demand letter?
After a shoplifting arrest, many stores send a civil demand letter under section 772.11. Paying it does not end the criminal case, and ignoring it can lead to a lawsuit. Call me before you respond to either.
How is a petit theft case resolved?
Options such as pretrial diversion may be available, depending on your record, the value and the store’s position. I look at whether the outcome keeps sealing or expunction available.
If you have been arrested or cited for theft in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
What should I bring to the consultation?
Bring whatever paperwork you have: the arrest or charging papers, any bond or release papers, notices of court dates, and any letters from the court or the state. If you don’t have them yet, call anyway and we will sort out what is missing.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 812.014 (theft); 812.015 (retail theft); 772.11 (civil demand); 943.0585 and 943.059 (sealing and expunction).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: Theft defense, Grand Theft Charges in Florida.