The short answer is yes — you can be charged with petit theft in Florida even if the incident at self-checkout was an honest mistake. What surprises most people is how common this situation is. Many calls to our office involve shoppers at big-box stores like Walmart or Target who never meant to steal but ended up in handcuffs.
The value of the item doesn’t always matter either. Whether it’s a $3 snack or a $300 household item, the stores push for prosecution — and the consequences can be serious.
A quick reminder on “What Is Petit Theft in Florida?”
Florida Statute §812.014 defines theft as knowingly taking, or attempting to take, someone else’s property with the intent to deprive them of it.
For petit theft, the property value must be under $750. Penalties vary depending on the amount:
- Second-Degree Misdemeanor: Items worth less than $100. Penalty can be up to 60 days in jail and a $500 fine.
- First-Degree Misdemeanor: Items worth $100–$749. Penalty can be up to 1 year in jail and a $1,000 fine.
That means even the smallest oversight could technically result in criminal charges.
How Do Self-Checkout Cases Happen?
Self-checkout machines may feel convenient, but they’re under constant surveillance. Stores use cameras, software, and loss prevention officers trained to spot errors. Many of these cases begin with mistakes that happen in seconds:
1. Forgotten Items
Sometimes an item ends up in a bag or the cart without ever being scanned.
Example: A customer scans multiple groceries but misses a $7 cleaning product. Security detains them at the door, and law enforcement charges petit theft.
2. Scanner or Barcode Errors
Machines don’t always register properly, and a missing “beep” can create major problems.
Example: A shopper believes they scanned a pack of batteries, but the system didn’t log it. They leave after paying for everything else, only to be accused of theft.
3. Wrong Barcode or Price Tag
This is often treated the most harshly, even when it’s not intentional.
Example: A $20 kitchen item rings up as $2 because of a barcode issue. The store assumes the customer manipulated it and presses charges.
Why Stores Take This So Seriously
Many people assume the store will just give a warning if the item was cheap. In reality:
- Major retailers like Walmart and Target usually have zero tolerance.
- Even items under $10 can trigger prosecution.
- Loss prevention officers may assume intent even when the shopper insists it was an accident.
This means a simple checkout mistake can lead to a criminal record that follows you for life.
How a Defense Lawyer Can Help
If you’ve been accused of petit theft, you don’t have to navigate the system alone. An experienced Florida criminal defense attorney can:
- Review the surveillance video to see if the mistake is clear.
- Challenge the idea of intent, which is often the most important element in theft cases.
- Negotiate with prosecutors to seek dismissal, diversion, or a reduced outcome.
- Protect your record by pursuing a withhold of adjudication or expungement where possible.
Don’t Ignore a Petit Theft Charge
Self-checkout theft accusations happen more often than people realize, and they can happen to anyone. If you’ve been accused — whether over a $3 candy bar or something more expensive — the charge is serious and should be handled quickly.
A skilled defense lawyer can help protect your rights, challenge the accusations, and work toward keeping your record clean.