Delray Beach Shoplifting Lawyer

If you are facing allegations of shoplifting in Delray Beach, you need to understand your rights and what a Prosecutor needs to prove to obtain a conviction. Shoplifting can be a very serious offense, especially if you have a prior conviction or allegedly worked with another person to commit the act. As a result, shoplifting can vary in severity from a minor Misdemeanor to a harsh Felony.

A Delray Beach shoplifting Lawyer at Leifert & Leifert will be able to help you. A theft Attorney can explain the state’s complex shoplifting laws and why you are facing the charges brought by the Prosecutor. An Attorney can then work to discover the evidence in the case and work to bring the best possible result in Court.

What Counts as Shoplifting?

The state laws do not use the term shoplifting when describing the act of taking merchandise from a store. Instead, Florida Statute § 812.015 defines “retail theft” as the taking possession of merchandise with the intent to deprive the merchant of the use of that item. As a result, the act of taking an item out of a store without paying is retail theft. It’s important to note that this offense doesn’t require that you make it out of the store with the merchandise. Shoplifting can include taking merchandise without paying, but it also covers several other actions. For example, switching price tags, hiding items in a bag or clothing, or trying to pay less than the listed price or walking past the last point of sale can all lead to a charge. Last point of sale means that you do not have to leave the store to get charges, simply passing the last register or place where you can pay is enough.

However, the law also includes other acts that constitute shoplifting. It is also retail theft for a person to alter or remove a store’s label, remove a shopping cart from the store’s property, or transfer a product from one container to another. Additionally, it is illegal to possess or attempt to use any object that is for the purpose of defeating a store’s antitheft security measures. As a result, police officers can charge a person with shoplifting under a variety of scenarios. A Delray Beach Attorney could help to explain exactly why a person is facing allegations of retail theft.

Generally, Law Enforcement may charge a person with retail theft from 2-5 years, depending on the value, years after the date of the offense. There are numerous factors that may extend or shorten this timeframe, and the only way to understand how this impacts a particular shoplifting case’s penalty is to speak with a seasoned defense Attorney.

These cases are often built on evidence collected by store employees. This can include anything from witness statements to video recordings that show how the alleged theft occurred. Because law enforcement is not always directly involved, it may be possible to challenge the strength of the evidence collected by store employees.

If you are accused of shoplifting, you should take the situation seriously. Let an attorney protect your rights and serve as your advocate.

What are the Penalties for Shoplifting?

At its core, shoplifting is a version of theft, which is considered a crime of dishonesty. Charges involving retail theft allege that a person attempted to deprive a store owner of the property (either permanently or temporarily) involved in the incident. It follows that many instances of supposed shoplifting are examples of petit theft. Under Florida Statute § 812.014, petit theft occurs when the value of the item in the incident is under $750, the case will be a Misdemeanor where a conviction can result in no more than one year in jail.

However, the state’s laws can result in enhanced penalties when an alleged theft affects a store owner. If the value of the item is at least $750 or the suspect works with another person or commits multiple acts within a 30-day period, the offense rises to the level of a Felony of the third degree. Convictions here can result in a maximum prison sentence of up to five years. A subsequent conviction for a Felony-level shoplifting case makes the offense a Felony of the second degree. A Delray Beach shoplifting Lawyer can provide more information about the seriousness of a retail theft allegation.

First-degree theft applies when the value of stolen merchandise exceeds $100,000. A conviction for first-degree theft may result in a 30-year Prison sentence and a fine of up to $10,000. When the value of stolen merchandise exceeds $20,000 but is less than $100,000, the shoplifter may face second-degree Felony charges. The potential penalties include imprisonment for up to 15 years and fines of up to $10,000. When the value of stolen merchandise is between $750 and $20,000, the offender may face third-degree Felony charges. Penalties may include imprisonment for up to five years and fines of up to $5,000. It is rare, with the right legal representation, that a person would go to Jail or Prison for a Misdemeanor or third-degree felony theft charge, unless that person has a criminal history.

In addition to legal penalties, shoplifting convictions may have severe non-legal consequences as this is considered a crime of dishonesty and also a “morals” crime. A shoplifting conviction may result in a permanent criminal record. This could affect future employment prospects, housing applications, and educational opportunities. The shoplifter may be held liable for civil damages and be required to compensate the merchant for the stolen merchandise, any damage caused, and legal fees. Retail establishments may enforce civil recovery programs to seek additional monetary compensation from shoplifters to cover their security costs. We work extremely hard to limit any collateral penalties from this charge to our clients.

Potential Defenses

Our Delray Beach attorneys have used a number of defense strategies in shoplifting cases. Some of the most popular options include the following:

Lack of Intent

One of the most important issues in a shoplifting case is the intent of the accused. You must have taken property from a store with the intent to keep it to be guilty. That means if you can show it was an accident or a misunderstanding, you could avoid a conviction.

Mistaken Identity

Retail stores often rely on surveillance cameras and employee observations, and this technology is not perfect. Factors like poor video quality can lead to the wrong person being accused.

Insufficient Evidence

The state has to prove your guilt beyond a reasonable doubt. If there is limited proof that you have done anything wrong, your attorney might focus on the weakness of the case against you.

Constitutional Violations

Store security must follow the law when stopping and questioning a suspected shoplifter. If the police violated your rights during their investigation, the evidence they collected at the time could be excluded at trial.

Contact a Delray Beach Shoplifting Attorney Today

Allegations of shoplifting, or retail theft as it is known in Delray Beach, are among the most common in local courts. However, this does not mean that the allegation is not serious. Retail theft occurs when a person takes merchandise from a store without paying, but it also includes any attempt to change a price tag, an attempt to distract a store employee to aid in a theft, or even possessing tools to defeat a security system.

A Delray Beach shoplifting Lawyer could help you. One of our Attorneys at Leifert & Leifert can work to explain the state’s complex laws and why you are facing your allegations. They then help to discover the evidence in the case and to form a defense designed to defeat the prosecutor’s case in court. A conviction is always a serious matter and may even be a Felony that could result in a multiple-year prison sentence. If you have been accused of shoplifting, our team is ready to protect your rights and get you the best possible result. Reach out to an Attorney today to protect your future.