You’re exiting a store after an afternoon of shopping only to hear the alarms go off as you walk through. Immediately, an employee asks you to step aside so they can search your bags. Or maybe you were accused of shoplifting after security cameras appeared to show you putting an item in your jacket or purse. Whatever the circumstances, Attorney Patrick B. Courtney is here to help you fight the charges and protect your freedom.

Shoplifting, referred to in the Florida Statutes as retail theft, is a type of theft crime. The legal definition is “taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value.”

Note that shoplifting differs from other theft crimes because it doesn’t require the person to take the item. Instead, someone can be charged with retail theft if they take actions that indicate they are planning on removing the item without paying, such as taking off a label or price tag. For example, removing a barcode from a cheaper item, putting it on a more expensive item, and then going through the self-checkout to pay the lower price could result in retail theft charges, even though the person technically paid something for the item. The most important aspect is that the person must have acted with the intent to somehow deprive the store of the item or its value.

The potential penalties for retail theft in Florida depend on whether the charge is a misdemeanor or felony. The sentencing guidelines also consider the value of the item. In most cases, shoplifting charges fall into the petit theft category, which means the item was worth less than $750. Petit theft is a misdemeanor, and while the potential sentence includes both a fine and jail time, it’s common for first-time offenders not actually to have to serve any time.

The penalties for shoplifting escalate when the item has a high value or the defendant has prior retail theft convictions from the past year. If you are charged with a felony, it may be more challenging to avoid jail time, and you will need the guidance and counsel of an experienced attorney.

When you’ve been charged with a crime, you need a defense strategy that makes sense for the circumstances of your case. Meeting with an attorney is the best way to find out your options, but some common defense strategies that can help you avoid jail time are listed below.

To win a conviction on a retail theft charge, the prosecution must prove that the defendant had the intent to take the item without paying or otherwise deprive the store of getting the full value of the item. However, in some cases, this intent doesn’t exist. Someone might have just forgotten an item on the bottom of their grocery cart or went to put a cart away before returning an item to the shelf.

This defense strategy often applies to unintentional retail theft due to a self-checkout error. Suppose you scan an item but don’t notice that it didn’t actually get added to your receipt. You exit the store thinking that you have paid for everything, but your receipt shows otherwise when you’re stopped. An attorney can use legal strategies and evidence to show that your case doesn’t meet the required burden of proof for intent.

Another key element of the retail theft statute in Florida is that the defendant must have knowingly taken possession of the item. If there is any doubt about this, your attorney can use it to help your case. For example, if you were shopping with a friend and they were stopped for having unpaid merchandise in their bag, an attorney could argue that the retail theft charge shouldn’t apply to you because you weren’t in control of the item.

Another typical example where this defense strategy can be used is when a child adds an item to the cart without the parent’s knowledge. It’s not uncommon for a toddler to stick their hand out of a stroller to reach for something. If the parent never knew it was taken and then tried to exit the store, they could argue they didn’t have control over the item and, therefore, also lacked the requisite intent.

Depending on the circumstances of your case, your attorney may suggest a plea deal. The defendant agreeing to plead guilty saves the prosecution the time and expense related to the trial. In return, they may offer some concessions, such as recommending a sentence with no jail time. If it’s your first offense, an attorney can help you negotiate a sentence that involves something like community service or probation instead of having to serve actual time.

If you’ve been charged with retail theft in the Tampa area, it’s imperative that you talk to a criminal defense attorney as soon as possible. Attorney Patrick B. Courtney is here to explain what your charges mean, answer any questions you may have, and represent you in your case. Call 813-252-1529 to schedule an appointment today.

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