Shoplifting

Skilled Broward County Criminal Defense Lawyer Aggressively Defending Clients Charged with Retail Theft

Shoplifting, known legally as “retail theft” in Florida, covers a range of conduct besides simply taking merchandise without paying. In Broward County and across the state, retail theft can involve actions such as removing goods from a store without paying, altering price tags, moving merchandise between containers, or even removing a store’s shopping cart from the premises. Due to the widespread use of surveillance cameras in retail settings, prosecutors often rely on video evidence to build their case, making it critical to have a strong defense strategy. At Lowry Legal, we are committed to protecting your rights and providing experienced representation when it matters most.

Understanding Shoplifting and Retail Theft in Florida

In Florida, shoplifting can lead to both misdemeanor and felony charges, depending on the value of the stolen property. This means that even minor cases can escalate quickly if the value of the stolen items surpasses certain thresholds.

1. Second-Degree Petit Theft: This is the least severe form of shoplifting in Florida. If the value of the stolen merchandise is less than $100, it is considered second-degree petit theft, a misdemeanor. Conviction can result in up to 60 days in county jail and fines of up to $500.
2. First-Degree Petit Theft: When the value of the merchandise is between $100 and $750, the charge increases to first-degree petit theft. This misdemeanor offense carries more severe consequences, including up to 364 days in county jail and fines of up to $1,000.
3. Third-Degree Grand Theft: If the value of the stolen property exceeds $750, the offense becomes a third-degree felony, known as grand theft. This classification carries the potential for up to five years in state prison, fines, and a lasting felony record. For first-time offenders, diversion programs or reduced charges may be options, but these depend on the specifics of each case.

Keep in mind that § 812.015(8)(c) and § 812.015(8)(d) of the Florida Statutes provide for enhanced penalties in certain situations. For example, § 812.015(8)(c) elevates otherwise misdemeanor charges to a third-degree felony when a person commits retail theft and, in doing so, uses a device to defeat or interfere with anti-theft systems (e.g., booster bags or other electronic jamming devices).

Similarly, § 812.015(8)(d) turns misdemeanor retail theft charges into felony charges if a person commits thefts from multiple stores within a 120-day period, where the total stolen property is valued at $750 or more. Thus, § 812.015(8)(d) allows prosecutors to “add up” the value of multiple shoplifting occurrences.

Building a Strong Defense Against Shoplifting Charges

Defending against shoplifting charges can be tricky, but there is almost always something that an experienced Broward County shoplifting lawyer can do to help. For example, some of the most common defenses in shoplifting cases include:

• Lack of Intent: Shoplifting charges often hinge on whether you had the intent to deprive the store of its property. If your lawyer can show that you didn’t intend to take the item—perhaps due to forgetfulness or distraction—it can prevent the prosecution from proving a necessary element.
• Mistaken Ownership: In some cases, individuals may genuinely believe they had a right to the property or that it belonged to them; for example, if they accidentally grabbed the wrong coat after leaving the dressing room. If this can be demonstrated, it can be a viable defense.
• Questioning Surveillance Evidence: While video evidence is commonly used in shoplifting cases, it is not always conclusive. Surveillance footage may be unclear, incomplete, or lacking context. An experienced shoplifting attorney can analyze this evidence, potentially casting doubt on the prosecution’s interpretation.
• Violation of Rights: If law enforcement overstepped legal boundaries during arrest or investigation, this could be grounds for challenging the evidence. For instance, if an unlawful search occurred, evidence obtained might be inadmissible in court.

It is important to keep in mind that each shoplifting case is unique, and the best defense strategy depends on the specific facts. At Lowry Legal, we will meticulously review every aspect of your case to identify any weaknesses in the prosecution’s argument and pursue the best outcome possible.

The Role of a Shoplifting Defense Attorney

When facing shoplifting charges, enlisting the help of a Broward County criminal defense attorney is essential. At Lowry Legal, we not only represent clients in court but also provide invaluable support and guidance throughout the entire legal process. Here are a few of the things we’ll do to ensure your rights are protected throughout the process:

• Seeking Reduced Charges: For many clients, we work to have charges reduced from a misdemeanor or felony to a lesser infraction. In some cases, this can prevent a criminal record, especially for first-time offenders.
• Negotiating for Lesser Penalties: When a reduction of charges is not possible, our focus shifts to minimizing the penalties. We negotiate on behalf of our clients, often working with prosecutors to obtain alternatives to jail time, such as probation or community service.
• Protecting Your Rights: Throughout the process, we act as a shield between you and the prosecution, ensuring your rights are protected. From pre-trial hearings to courtroom proceedings, our team is committed to securing the best possible outcome.

At Lowry Legal, we recognize that mistakes happen, and we’re here to help you move past a shoplifting charge with the least possible impact on your life. Our approach is compassionate, practical, and tailored to meet the needs of each client.

Speak with an Experienced Broward County Shoplifting Defense Lawyer

If you’ve been charged with shoplifting in Broward County, a conviction can lead to jail time, fines, and a criminal record, which will seriously interfere with your future. With the right defense team, however, many shoplifting charges can be reduced, dismissed, or beaten. At Lowry Legal, our Broward County shoplifting attorney is here to provide you with the defense and support you need to face these charges with confidence. Contact our office today at 954-908-6222 to schedule a free consultation. We’re here to help you through every step of the process so you can put this chapter behind you.