Shoplifting Defense Attorney in Jacksonville, FL
The word shoplifting may bring to mind a child pocketing a candy bar, but shoplifting can be a serious crime with serious consequences. If you’ve been accused of retail theft in Florida, you should speak with a shoplifting defense lawyer right away.
Attorney Matthew Lufrano has extensive experience with a wide range of criminal matters in and around Jacksonville, including shoplifting and other theft crimes. The Florida Bar has recognized him as a Board Certified Expert in Criminal Trial Law. After five years in the Jacksonville Public Defender’s Office and more than a decade in private practice as a criminal defense attorney, he knows how important it is for someone charged with a crime to have reliable guidance right away. That’s why he offers free consultations.
You can schedule yours right now by calling (904) 513-3905.
What is Considered Shoplifting in Jacksonville, FL?
Retail theft in Florida includes more than you might typically think of as shoplifting. Any of the following may constitute retail theft if done with the intent to deprive the merchant of the possession, use, benefit, or full retail value of the property:
- Taking possession of or carrying away merchandise, property, money, or negotiable documents
- Altering or removing a label, universal product code, or price tag
- Transferring merchandise from one container to another
- Removing a shopping cart
The retail theft statute also prohibits using or possessing any tool or device intended to circumvent anti-shoplifting technology or inventory control devices.
Penalties for a Shoplifting Conviction
The consequences of a Jacksonville shoplifting conviction vary based on the value of the property stolen and whether the defendant has past convictions for retail theft or other theft crimes. How shoplifting crimes are charged and when the charges are elevated can be complicated, and the best way to understand what’s at risk in your specific case is to talk to an experienced Jacksonville shoplifting defense attorney.
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Classification of Shoplifting Crimes
A first offense involving merchandise valued at not more than $100 is classified as petit theft, a misdemeanor of the second degree. That means a maximum sentence of up to 60 days in jail and a fine of up to $500. If the property is valued at more than $100 but less than $750, the maximum possible penalty is up to one year in jail and a fine of $1,000. However, there are many circumstances in which shoplifting will be charged as a felony. For example:
- If the property is valued at $750 or more, the charge is a felony of the third degree
- If the property is a firearm, the charge is a felony of the third degree (second degree if the defendant has previously been convicted of stealing a firearm)
- If the theft takes place during and is facilitated by a riot or state of emergency, the charge is a felony of the second degree
When the charge is shoplifting, the charges can be even more complicated. That’s because under Florida’s retail theft statute, the value of property shoplifted can be aggregated–and not just during a single incident.
Someone who is accused of stealing a total of more than $750 in merchandise from more than one retail location across a 120-day period will be charged with a felony. The same is true if the individual is accused of three or more retail thefts involving 10 or more items, if the thefts occur at two or more locations. If two or more people are accused of acting together, the value of merchandise and the number of items may be aggregated across all alleged participants.
In addition, many types of felony shoplifting are elevated to felonies of the second degree if the accused has a prior conviction under the same section. The crime may also be charged as a felony of the second degree if the total value of the property is $3,000 or more.
Sentencing for Shoplifting Crimes
When shoplifting is charged as a felony of the third degree, a conviction could result in a prison sentence of up to five years and a fine of up to $5,000.
For a felony of the second degree, the maximum possible sentence is increased to 15 years, and the maximum fine to $10,000.
What to Do if You’re Accused of Shoplifting
As you can see, a shoplifting conviction can have life-altering consequences. If you are accused of shoplifting, you should exercise your right to remain silent and seek out the assistance of an attorney experienced with shoplifting charges right away.
Many people in this situation believe that if they can simply explain what happened or offer a denial or justification, they will be able to straighten things out without getting arrested or having charges filed. That is rarely true, and often those efforts make the situation worse.
How a Shoplifting Lawyer Can Help
The burden of proof in a shoplifting case is on the prosecution. That means they must prove every element of the crime beyond a reasonable doubt, and that includes intent. Your shoplifting defense attorney can review security footage of the event, seek out and interview witnesses, identify any flaws in the arrest and questioning procedures that may lead to suppression of evidence, and more.
Common Shoplifting Defense Strategies
The best defense to a retail theft charge will depend on the specifics of your case. Some common defenses include:
- Arguing that you were detained and searched unlawfully, potentially meaning any evidence found in that process cannot be admitted in court
- Arguing that you did not intentionally remove the item from the store–for example, that you forgot an item was on the bottom rack of your cart when checking out
- Asserting that you are not the person who removed the item from the store (mistaken identity)
Your shoplifting lawyer can explain the possibilities in greater detail and advise you on the best approach for you.
Why Choose Lufrao Legal?
Attorney Matthew Lufrano has devoted his entire career to fighting for people charged with crimes in Florida. He has the knowledge and experience to fight any Florida criminal charge. Just as important, he understands what’s at stake and cares about your future.
To learn more, call (904) 513-3905 or fill out our contact form.