Florida Shoplifting Defense Attorney | Retail Theft Charges

If you are charged with shoplifting in Florida, it is important to understand that this offense is treated seriously under state law. Shoplifting, legally referred to as retail theft, can result in fines, probation, incarceration, and a permanent criminal record that may affect employment, housing, education, and professional licensing.

At Bernhardt Riley, Attorneys at Law, PLLC, our criminal defense attorneys represent individuals facing shoplifting and retail theft charges throughout Florida. We work to protect your rights, explain your options clearly, and pursue the most favorable resolution available under the circumstances of your case.

Understanding Shoplifting Charges Under Florida Law

Florida law classifies shoplifting as retail theft. The severity of the charge depends on the value of the merchandise involved and the defendant’s prior criminal history. Even first-time offenses can carry meaningful consequences, while repeat offenses may escalate quickly.

Retail theft charges generally fall into the following categories:

• Petit Theft (Second-Degree Misdemeanor) – Property valued under $100; punishable by up to 60 days in jail and a $500 fine.
• Petit Theft (First-Degree Misdemeanor) – Property valued between $100 and $750; punishable by up to one year in jail and a $1,000 fine.
• Grand Theft (Third-Degree Felony) – Property valued over $750; punishable by up to five years in prison and a $5,000 fine.

In addition to criminal penalties, Florida law permits retailers to pursue civil recovery for losses related to alleged shoplifting incidents. These civil claims are separate from the criminal case and may involve monetary demands regardless of how the criminal charge is resolved.

First-Time vs. Repeat Shoplifting Charges

The consequences of a shoplifting charge often differ significantly between first-time offenders and individuals with prior theft convictions. First-time defendants may be eligible for diversion or alternative resolution programs in some jurisdictions, while repeat offenses can lead to harsher penalties and felony exposure.

Florida law allows enhanced penalties when multiple thefts occur within a short period, and prior convictions may eliminate eligibility for certain programs or negotiated outcomes.

Common Defenses to Shoplifting Charges

Every case is fact-specific, but common defenses to shoplifting charges may include:

• Lack of intent – Retail theft requires intent to deprive the merchant of property. Mistakes, distractions, or misunderstandings may be relevant.
• Mistaken identity – Surveillance footage or eyewitness accounts may be inaccurate, especially in crowded retail environments.
• Insufficient evidence – The prosecution must prove each element of the offense beyond a reasonable doubt.
• Improper detention or procedures – Loss prevention and law enforcement must comply with legal standards.

An experienced criminal defense attorney can evaluate whether these or other defenses apply based on the facts of your case.

Long-Term Consequences of a Shoplifting Conviction

A shoplifting conviction can carry consequences beyond court-imposed penalties, including:

• Employment and background check issues
• Difficulty obtaining housing
• Professional licensing complications
• Educational and scholarship concerns
• Immigration consequences for non-citizens

Because theft-related offenses are often viewed as crimes of dishonesty, even misdemeanor convictions can have lasting effects.

Why Early Legal Representation Matters

If you are facing a shoplifting charge, acting promptly is important. Early legal involvement allows your attorney to review evidence, communicate with prosecutors, explore diversion eligibility, and protect your rights from the outset of the case.

The criminal defense attorneys at Bernhardt Riley, Attorneys at Law, PLLC take a practical, strategic approach to retail theft cases, with the goal of minimizing long-term impact whenever possible.

Speak With a Florida Shoplifting Defense Attorney

If you have been charged with shoplifting or retail theft in Florida, do not navigate the criminal justice system alone. Our attorneys can explain the process, evaluate your options, and advocate on your behalf.

Call (727) 275-9575 or complete our online contact form to schedule a confidential consultation with Bernhardt Riley, Attorneys at Law, PLLC.

We are committed to providing clear guidance, careful analysis, and strong representation for individuals facing shoplifting charges throughout Florida.