Allegations of theft in Tequesta are common. In most instances, accusations of shoplifting do not differ significantly from those involving other types of theft. However, aggravating factors in Tequesta shoplifting cases can make the charges and resulting punishments more severe.
Recognizing these factors and what a prosecutor must prove to apply them to a shoplifting case is vital. A knowledgeable criminal defense attorney at Leifert & Leifert can evaluate what a prosecutor may be able to prove and how this could affect your case.
The Core Concept of Theft
Florida Statute § 812.014 explains most allegations of theft, including alleged thefts from retail stores that commonly carry the label of shoplifting.
In these cases, the main aggravating factor in determining the severity of a shoplifting charge is the value of the stolen items. For example, items with a value of between $100 and $750 are likely to result in a charge of petit theft of the first degree, a misdemeanor. However, if the value is between $750 and $5,000, the charges are grand theft of the third degree, a Felony.
Subsequent convictions for shoplifting may also result in an upgrade to a charge and sentence. Any person with a previous conviction for petit theft will automatically face a new misdemeanor charge in the first degree, even if the property’s value is below $100. Similar concepts apply to allegations of repeated theft over time. A criminal defense lawyer in Tequesta can provide more information about how the value of items and repeated allegations of theft can aggravate a shoplifting charge.
Special Rules Applying to Instances of Retail Theft
While the State’s core theft statute does cover instances of shoplifting, state law takes special steps to punish those with multiple shoplifting convictions. For example, Florida Statute § 812.015 says a court must impose a fine on a guilty party of between $50 and $1,000. Even so, the court may order the performance of community service instead of payment. This penalty may be in addition to any other fines or jail sentences.
Possessing any tool that might help a person commit an act of shoplifting, such as electronic devices that disable a security feature or items to remove price tags or other identifying markers, is illegal. Under the law, this is a separate criminal offense and a felony in the third degree.
Resisting the effort of a law enforcement officer or store security who attempts to arrest or otherwise detain a shoplifter is a misdemeanor of the first degree. If force is used during the course of the theft the charge could then become a Robbery, which is a third degree felony.
Under this collection of laws, aggravating factors in Tequesta shoplifting cases can include new criminal charges, and allegations of theft or Robbery.
An Attorney Could Help Defend Against Aggravating Factors in Tequesta Shoplifting Cases
An allegation of shoplifting is always a serious matter because even a first offense for an item of little value can result in a jail sentence. However, aggravating factors such as previous convictions, stealing high-value items, resisting arrest, the use of force, and possessing shoplifting tools may all justify a prosecutor’s request for enhanced penalties.
Talking with a lawyer can clarify aggravating factors in Tequesta shoplifting cases. An attorney at Leifert & Leifert can develop defenses to lessen the severity of a charge or defeat it altogether. Contact us now to get started.
