Fort Myers Shoplifting Attorney
Shoplifting, also known as retail theft, is a common yet serious offense in Florida. If you have been accused of shoplifting in Fort Myers or surrounding areas, it’s crucial to understand the laws governing this offense and the potential penalties you may face. At Hollander & Hanuka Attorneys at Law, our skilled criminal defense team is prepared to protect your rights and help you achieve the most favorable outcome in the given circumstances. Before you make any statements to the police or enter a plea, contact our experienced Fort Myers shoplifting defense lawyer for assistance.
Florida’s Retail Theft Laws
Under Florida Statutes Section 812.015, retail theft involves the unlawful taking of merchandise from a store or retail establishment. Shoplifting is not just limited to physically stealing an item; actions aimed at avoiding full payment, such as switching price tags or misrepresenting the cost of an item, also qualify as retail theft. Shoplifting charges might be pressed for actions such as taking merchandise with the intent to deprive the merchant of full possession or use, altering or removing a price tag, transferring merchandise from one container to another, or removing shopping carts from the premises.
Penalties for Retail Theft in Florida
The penalties for shoplifting vary depending on the value of the stolen merchandise and whether the defendant has prior convictions. Retail theft in Florida is classified into different degrees based on the amount stolen:
- Petit Theft (Second-Degree Misdemeanor): If the value of the stolen items is less than $100, this offense is classified as a second-degree misdemeanor. Conviction can result in up to 60 days in jail and a fine of up to $500.
- Petit Theft (First-Degree Misdemeanor): If the value of the stolen goods is between $100 and $749, the offense is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
- Grand Theft (Third-Degree Felony): If the value of the stolen merchandise exceeds $750, the offense is considered grand theft, which is a third-degree felony. This can result in up to five years in prison and fines reaching $5,000.
Additionally, a retail theft conviction may result in a permanent criminal record, which could affect your ability to secure employment, housing, or good credit.
Elements of a Shoplifting Offense
For a conviction of retail theft, the prosecution must prove several elements beyond a reasonable doubt:
- Intent: The defendant must have intentionally taken merchandise with the intent to deprive the store of its value or benefit.
- Control: The defendant must have physically removed or concealed the merchandise or tampered with the price tag in a way that showed an intent to avoid payment.
- Value: The value of the merchandise taken determines the severity of the charges, and the prosecution must establish this value clearly.
Potential Defenses to Shoplifting Charges
Several defenses can be raised against a shoplifting charge in Florida. Some common defenses include:
- Lack of Intent: The prosecution must prove that you intended to steal the item. If you accidentally left the store without paying or had no intention of keeping the merchandise, your attorney can argue that there was no criminal intent.
- Mistaken Identity: In some cases, store employees or security personnel may incorrectly identify someone as a shoplifter. Your attorney can challenge the accuracy of witness testimony or surveillance footage.
- Insufficient Evidence: The prosecution must present solid evidence to prove that you committed the crime. If there is weak or insufficient evidence, your attorney may be able to have the charges reduced or dismissed, or secure an acquittal or not guilty verdict at trial.
How a Criminal Defense Attorney Can Help
A retail theft charge can have significant consequences, but an experienced criminal defense attorney can make a meaningful difference in the outcome of your case. At Hollander & Hanuka Attorneys at Law, we provide a strong defense for clients facing shoplifting charges, offering legal strategies tailored to your unique circumstances.
We will thoroughly review the evidence against you to determine if there are any weaknesses in the prosecution’s case. If the evidence is flawed or insufficient, we can seek to have the charges reduced or dismissed. In many cases, we can work with prosecutors to negotiate a favorable plea deal. This could result in reduced charges, probation, or participation in a pretrial diversion program that could keep your record clean.
If your case goes to trial, our experienced attorneys will provide a strong and effective defense. We will challenge witness testimony, present evidence, and argue on your behalf to achieve the best possible outcome. Even if a conviction cannot be avoided, we may be able to help you avoid harsh penalties such as jail time by pursuing probation, community service, or other alternative sentencing options.
Protect Your Future With the Help of an Experienced Criminal Defense Attorney
A shoplifting conviction can have lasting consequences, including jail time, fines, and a criminal record. Don’t face these charges alone. At Hollander & Hanuka Attorneys at Law, we are committed to providing our clients with skilled representation and helping them secure the best possible outcome. Contact us today at 239-332-3300 for a free consultation and learn how we can assist you in defending your rights against shoplifting charges.