Last updated on April 17, 2025
Defending You Against Theft Charges
When you face theft charges, every decision you make can shape your future. Our attorneys at Bernhardt Riley, Attorneys at Law, PLLC, understand the gravity of your situation and are here to offer a guiding hand through these turbulent times.
We know that being charged with theft can be overwhelming and stressful, but you do not have to face it alone. Our lawyers combine a thorough understanding of Florida’s theft laws with a strategic, proactive approach to defending your rights. With offices in Palm Harbor, Destin, Tampa and Clearwater, we have convenient locations throughout the area to best serve you.
Understanding Theft Charges In Florida
There are multiple criminal defenses that commonly arise in theft-related charges. The state’s theft cases are routinely built around circumstantial evidence only, with no hard evidence. In other instances, evidence was improperly obtained, resulting in its exclusion from court proceedings.
Under Florida Statute 812.014, theft occurs when a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
- Deprive the other person of a right to the property or a benefit from the property, and/or
- Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
The potential sentences can range dramatically depending on the value of the alleged stolen items. While the theft statute and sentencing statutes provide many nuances to the degree of the crime and the potential sentences, a very basic guideline is included below:
- Alleged stolen items valued at less than $100 (first offense):
- 2nd-degree misdemeanor, punishable by up to 60 days in jail or six months of probation.
- Alleged stolen items valued at $100 or more, but less than $300:
- 1st-degree misdemeanor, punishable by up to 364 days in jail or 364 days of probation.
- Alleged stolen items valued at $300 or more, but less than $20,000:
- 3rd-degree felony, punishable by up to 5 years in prison or five years of probation.
- Alleged stolen items valued at $20,000 or more, but less than $100,000:
- 2nd-degree felony, punishable by up to 15 years in prison or 15 years of probation.
- Alleged stolen items valued at more than $100,000:
- First-degree felony, punishable by up to 30 years in prison or 30 years of probation.
For a complete review of the theft statute, see Florida Statute 812.014. Our attorneys at Bernhardt Riley, Attorneys at Law, PLLC have a diverse array of legal experience in a variety of practice areas. We use this knowledge and experience to build a strong defense on your behalf.
Schedule Your Consultation With Bernhardt Riley, Attorneys at Law, PLLC, Today
If you or a loved one has been charged with a theft crime, the time to act is now. Reach out to Bernhardt Riley, Attorneys at Law, PLLC, to schedule a consultation and start building a solid defense strategy. You can call us directly at 727-335-3575 or use our online contact form to get in touch. With our strategic guidance and unwavering support, we will work tirelessly to pursue the most favorable outcome for your case. Don’t let theft charges define your future – let Bernhardt Riley, Attorneys at Law, PLLC, help you navigate the path to justice.
Florida Theft & Shoplifting Defense FAQs
Is shoplifting considered a conviction in Florida?
A shoplifting conviction in Florida is a criminal conviction that becomes part of your record. Even a first-time offense can have lasting consequences for employment, housing, and professional licensing. Discussing your options with a defense attorney early may help protect your record and your future.
What is the difference between shoplifting and retail theft in Florida?
In Florida, “shoplifting” is generally what is referred to legally as “retail theft” — taking, concealing, or attempting to take merchandise from a retailer without paying. The severity of the charge depends on the value of the merchandise and other circumstances of the case.
Is shoplifting a misdemeanor or a felony in Florida?
It depends primarily on the value of the merchandise alleged to have been taken and the defendant’s prior record. Lower-value cases are typically charged as misdemeanors; higher-value cases or repeat offenses can be charged as felonies.
Can a shoplifting or retail theft charge be reduced or dismissed?
Depending on the circumstances, defenses may be available, and prosecutors may consider pre-trial diversion or reduced charges in certain cases. An experienced defense attorney can review the evidence, evaluate the strength of the case, and advise on the best path forward.
Do I need a lawyer for a Florida shoplifting charge?
Even seemingly minor theft charges can carry significant consequences, and the laws and procedures are technical. Hiring an attorney early gives you the best chance of protecting your rights and pursuing the most favorable outcome available.
