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Shoplifting & Petit Theft Defense
Along the US-192 corridor and the outlet malls, shoplifting arrests happen every single day — tourists, teenagers, and ordinary people having the worst lapse of their lives. The charge sounds small. The consequence isn't: theft is a crime of dishonesty, the one category employers, landlords, and licensing boards screen for hardest. A petit theft conviction follows you longer than the sentence ever will.
The good news: first-offense theft cases are among the most fixable charges in the courthouse — diversion, civil compromise, reduced charges, and records that can later be sealed or expunged. The key is not pleading guilty at arraignment just to go home. Call or text 407-846-8008 first.
Florida Theft Penalties by Value
Under § 812.014, Florida Statutes:
• Under $100: petit theft, second-degree misdemeanor — up to 60 days in jail.
• $100 to under $750: petit theft, first-degree misdemeanor — up to 1 year.
• $750 or more: grand theft, a felony — see our Grand Theft page.
• Prior theft convictions change everything: one prior makes any new petit theft a first-degree misdemeanor; two or more priors make any theft — even a candy bar — a third-degree felony.
• A theft conviction also authorizes a driver's license suspension, a consequence many defendants never see coming.
Florida's 2024 Retail Theft Crackdown
Effective October 1, 2024, Florida rewrote § 812.015 to target “organized” retail theft — and wrote it broadly enough to sweep up people who are anything but a crime ring:
• Thefts can now be aggregated across 120 days (up from 30) to reach the $750 felony line;
• Five or more people acting together in a retail theft is its own felony, with social-media coordination pushing it to a second-degree felony;
• Multiple thefts of 10+ items from different locations can be charged as a felony regardless of value;
• Repeat offenders and anyone possessing a firearm during a qualifying retail theft now face up to a first-degree felony.
Prosecutors use these tools aggressively. A family of five leaving a store with unpaid merchandise fits the literal text of a “five or more persons” provision — which is exactly why charge-level advocacy matters before the filing decision is made.
How We Resolve Theft Cases
• Diversion. First-time defendants in the Ninth Circuit frequently qualify for pretrial diversion: complete a class and conditions, and the charge is dismissed — then expunged.
• The proof problems. Self-checkout mistakes, distracted-parent cases, loss-prevention stops based on partial observation, and “concealment” that was nothing of the kind. Intent is an element; absent-mindedness is not a crime.
• Civil compromise and restitution. Making the store whole early can open doors to reduced or dropped charges.
• Withholds and sealing. Where resolution makes sense, a withhold of adjudication avoids a “conviction” — protecting employment answers and preserving sealing eligibility.
• The civil demand letter. Expect a letter from the retailer's law firm demanding a few hundred dollars. It is a civil matter, separate from your criminal case — talk to us before paying or ignoring it.
Frequently Asked Questions
Will this show up on background checks?
An arrest alone shows up unless and until sealed or expunged. That is why the goal is a disposition that qualifies for sealing — and why a quick guilty plea is the costliest mistake in these cases.
The store already took the items back. Why am I still charged?
Recovery of merchandise doesn't undo the alleged taking. It does help with restitution-based resolutions.
I'm a tourist and I live out of state. Do I have to come back to Florida for court?
In many misdemeanor cases we can appear for you, resolve the case, and handle diversion requirements remotely. Do not ignore the court date — a failure to appear turns a fixable case into a warrant.
My teenager was arrested at the outlet mall. What happens now?
Juvenile theft cases run on a separate track with strong diversion options. The goal is to end the case without a lasting record — and juvenile records carry confidentiality and expunction options that make that realistic. See our Juvenile Offenses page.
Keep One Bad Day Off Your Permanent Record
Call or text 407-846-8008 for a free consultation with former prosecutor Chad Seibel before your arraignment. Office visits are by appointment only.