In the heat of the moment, the decision to pocket a small item or walk out of a store without paying for your cart of groceries may seem inconsequential. However, the reality is that shoplifting is a serious offense that can lead to severe, potentially life-long effects. In addition to penalties such as hefty fines and incarceration, a shoplifting conviction can also tarnish your reputation, jeopardize your employment prospects, and strain your personal relationships.
If you are facing charges for shoplifting, now is the time to secure qualified legal representation. With over 30 years of experience defending clients against a wide range of criminal charges, including shoplifting offenses, Criminal Defense Attorney Gabriel understands the complexities of the legal process and is committed to fighting for your rights and interests. When you choose to work with Mr. Gabriel, you can rest assured he will handle your case using all the knowledge and skill developed over the span of his career.
What Is Considered Shoplifting in Florida?
Shoplifting, also known as retail theft, occurs when a person knowingly and unlawfully takes merchandise from a retail establishment with the intent to deprive the merchant of possession, use, benefit, or full retail value of the item. This includes various actions such as concealing merchandise, altering or removing price tags, switching containers, or attempting to leave the store without paying for the items. Shoplifting can encompass a range of behaviors, from stealing small items to organized retail theft schemes, and can result in both criminal charges and civil penalties under Florida law.
In Florida, shoplifting is typically charged as either petit theft or grand theft, depending on the value of the stolen goods. Petit theft involves merchandise worth less than $750, while grand theft involves items valued at $750 or more.
How to Mitigate the Effects of Shoplifting Charges in Florida
Shoplifting charges are taken seriously in Florida, and many people accused of shoplifting face major repercussions. Thankfully, there are steps you can take to mitigate the impact of these charges and work towards a positive resolution. Whether you are a first-time offender or have prior convictions, understanding your legal options and taking proactive measures can help minimize the consequences of a shoplifting allegation.
Common defenses used to mitigate shoplifting charges include:
Lack of Intent
One of the most effective defenses against shoplifting charges is to argue that you did not intend to steal the merchandise. Perhaps you absentmindedly walked out of the store with an item or forgot to pay for it at the checkout counter. Proving lack of intent may require presenting evidence such as testimony from witnesses or surveillance footage showing your actions.
Mistaken Identity
If you’ve been mistakenly identified as the person who committed the shoplifting offense, you can assert a defense of mistaken identity. This defense strategy may involve presenting alibi witnesses or demonstrating inconsistencies in the store’s identification process.
Coerced Confession
In some cases, individuals may confess to shoplifting under duress or coercion from store security or law enforcement officers. If you can prove your confession was obtained unlawfully or involuntarily, you may be able to have it excluded from evidence, weakening the prosecution’s case against you.
Unlawful Search and Seizure
If the evidence against you was obtained through an unlawful search and seizure, it may be inadmissible in court. For example, if store security detained you without probable cause or conducted a search of your belongings without your consent, any evidence discovered during that search could be suppressed.
Civil Compromise
In some cases, the store may be willing to drop the charges against you if you agree to pay restitution for the stolen merchandise and any associated damages. This option, known as a civil compromise, can result in the dismissal of your criminal charges, but it is essential to negotiate the terms carefully with the assistance of legal counsel.
Seek Legal Representation Immediately After Being Charged with Shoplifting in Florida
If you have been charged with shoplifting, it is vital that you seek the guidance of an experienced criminal defense attorney as soon as possible. Criminal Defense Attorney Brian Gabriel can assess the details of your case and develop a strategic defense strategy on your behalf. Mr. Gabriel can help you understand your rights, explore potential defenses, and advocate for you.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.