Facing shoplifting charges in Polk County, FL, can be overwhelming for defendants, despite the idea many people have about these charges being relatively minor. Any criminal charge has the possibility of bringing about severe consequences. An experienced lawyer can guide you through the legal system and look out for your interests.
By understanding your situation, an attorney can help you build a strategy and manage each phase of your case. Being charged with shoplifting in Polk County, Florida, doesn’t have to define your future. If you have any questions, contact Thomas C. Grajek, Attorney At Law, to schedule a free consultation with a Polk County shoplifting lawyer. You can reach out to us online or call us at (863) 688-4606 today.
How Thomas C. Grajek, Attorney At Law, Can Help If You’re Arrested For Shoplifting
If you’ve been arrested for shoplifting in Polk County, FL, our legal team can give you the help you need. Here’s what we can do for you:
- We investigate camera footage, store policies, and any witness statements to uncover weaknesses in the case.
- Our team negotiates with prosecutors for possible reduced charges or alternative sentencing.
- We review how evidence was collected, checking that your rights weren’t violated during searches.
Having dedicated legal support for charges in Polk County, Florida, is essential, and we’re here for you. Contact Thomas C. Grajek, Attorney At Law, to schedule a free consultation with a Polk County shoplifting attorney.
Overview of Shoplifting in Florida
Shoplifting charges in Florida cover a range of actions beyond simply taking merchandise or money from a store without paying. Florida law defines shoplifting, or retail theft, as any act that intentionally deprives a store of its property, full retail value, or the benefits of an item. While most people think of shoplifting as physically walking out with unpaid goods, other less obvious actions can also lead to these charges.
Examples could include the following actions:
- Switching price tags to pay a lower amount for an item
- Placing items into different packaging or containers to disguise them
- Removing a store’s shopping cart and taking it off the premises without authorization
- Hiding merchandise in personal belongings with the intent to avoid payment
Retail theft charges can have significant legal consequences, even for minor incidents. Understanding what counts as shoplifting helps individuals avoid unintentional violations and better address any allegations brought against them.
What Are the Penalties for Shoplifting in Polk County, Florida?
Florida’s retail theft laws can be complex, especially since recent changes lengthen the time allowed for separate incidents to be combined under certain circumstances. Below is a breakdown of how these rules and penalties work:
- Second-Degree Misdemeanor: If the value of stolen goods is under $100, the crime is a second-degree misdemeanor. Penalties include fines of up to $500 and up to 60 days in jail, though first-time offenders rarely face jail time. Community service and restitution may also be imposed.
- First-Degree Misdemeanor: If you are convicted of shoplifting between $100 and $750, it is considered a first-degree misdemeanor. Penalties include up to 1 year in jail and up to $1,000 in fines.
- Third-Degree Felony: Stealing between $750 and $3,000 in goods or committing enough thefts within 120 days to reach this total can lead to third-degree felony charges. Penalties may include up to 5 years in prison and a $5,000 fine.
- Second-Degree Felony: If items worth more than $3,000 are stolen over 120 days, the offense escalates to a second-degree felony. Someone convicted of this offense could face up to 15 years in prison, 15 years of probation, and a fine reaching $10,000.
- Penalties Based on Aggregation of Numbers of Items: If three or more thefts involve taking 10 to 19 items, it becomes a third-degree felony. Stealing 20 or more items in three or more thefts can result in a second-degree felony.
Anyone found guilty of retail theft/shoplifting must also pay for or replace any stolen or damaged merchandise. This includes covering repair or replacement costs if the property was damaged during the theft.
It is important to note that the timeframe for combining multiple thefts to meet a felony threshold has expanded from 30 days to 120 days. This means if someone commits multiple thefts within this 120-day window, the total value of stolen items can be added together to determine the level of offense.
What Defenses Can Be Raised If I’m Arrested For Shoplifting?
If you’re facing shoplifting charges, it’s important to work with a criminal defense lawyer as soon as possible. They can help you raise the appropriate defense based on the specifics of your case. Common defenses include:
- Lack of Intent: Prosecutors must prove you meant to steal the item. If the defense can show the incident was an honest mistake – like accidentally leaving the store with merchandise – it challenges the claim that you acted deliberately.
- Ownership Claims: Sometimes, a person may genuinely believe that an item belonged to them or was already paid for. Demonstrating a reasonable basis for that belief reduces the likelihood of a conviction.
- Entrapment: If you can show that law enforcement or an agent, like an informant, pushed or tricked you into committing the act, it may qualify as entrapment. This defense requires strong proof that you would not have shoplifted without that outside influence.
- Insufficient Evidence: Prosecutors must establish guilt beyond a reasonable doubt. Suppose there isn’t enough solid proof – like unclear surveillance video or unreliable witness accounts – the charges could end up being dismissed, or you could be found not guilty.
- Incorrect Value of Stolen Items: If the value of the merchandise is exaggerated by the prosecution, setting the record straight could drop the charge to a lower level. Reducing a felony to a misdemeanor leads to lighter penalties.
- Diversion Programs: Diversion programs offer an alternative to standard prosecution, often letting first-time or non-violent offenders avoid jail time and a permanent criminal record. Completing requirements like classes, community service, and paying restitution can lead to dropped charges. This approach focuses on rehabilitation rather than punishment, aiming to prevent repeat offenses.
- Self-Checkout Errors: In the case of self-checkout, sometimes items don’t scan properly, or the machine malfunctions. If you can show that you genuinely tried to pay for every product, but technology or user error caused a missed item, it challenges the idea that you intended to steal. Documenting any receipts, transaction records, or kiosk issues can help demonstrate that the situation was an honest mistake rather than theft.
Presenting the right defense depends on the specifics of your case, so consulting an attorney who understands the law is essential.
Being charged with shoplifting in Polk County, FL, can feel unsettling, but you don’t have to deal with it on your own. Understanding the possible consequences, the legal definitions, and the defenses available may ease some of the stress. Even minor theft allegations deserve attention, so it’s important to seek help from someone who understands local laws. A knowledgeable lawyer can guide you through negotiations with prosecutors and any necessary court hearings. Contact Thomas C. Grajek, Attorney At Law, to schedule a free consultation with a Polk County shoplifting lawyer.