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. The statute and sentencing guidelines are nuanced, but the basic tiers are:

Florida theft sentencing tiers

Under $100 (first offense) — 2nd-degree misdemeanor
- Jail Up to 60 days
Or six months of probation.
$100 – $300 — 1st-degree misdemeanor
- Jail Up to 364 days
Or 364 days of probation.
$300 – $20,000 — 3rd-degree felony
- Jail Up to 5 years
Or five years of probation.
$20,000 – $100,000 — 2nd-degree felony
- Jail Up to 15 years
Or 15 years of probation.
Over $100,000 — 1st-degree felony
- Jail Up to 30 years
Or 30 years of probation.

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) 275-9575 or use our online contact form to get in touch. With our strategic guidance and steady support, we work diligently to pursue the best possible outcome under the circumstances of 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.