Jacksonville Shoplifting Attorney

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Petit theft most times is associated with retail theft. Florida Statute 812.014 defines petit theft as knowingly obtaining or using, or endeavoring to obtain or to use, the property of another with intent to, either temporarily or permanently, deprive the person of the property. Please note that the language points out that even temporarily taking someone else’s property can be considered a theft offense in Florida.

Although shoplifting is sometimes labeled as a minor offense, it is a crime. If convicted, you will have a criminal record. Each and every criminal charge should be taken seriously. Please call The Law Offices of Kate Mesic for a free consultation if you or a loved one have been arrested or received a Notice to Appear for petit theft or shoplifting.

Contact our Jacksonville shoplifting lawyer by calling (904) 615-8950 today!

Experienced Jacksonville Theft Defense Lawyers Ready to Assist

A Jacksonville criminal defense lawyer can help you understand your petit theft case and what evidence exists against you. Evidence in a petit theft case a lot of times includes video from the store, testimony from an employee of the business/store where the theft allegedly took place, testimony from any witnesses, any statements or admission made by the defendant to the police or other witnesses.

This information would be obtained through the process of discovery, where the State Attorney’s Offices has to disclose what evidence they intent to use against you. A prosecutor must prove the petit theft charge beyond a reasonable doubt in order to convict you at trial – meaning proving that the person stole the property with the intent to steal.

When a person is charged with a petit theft or shoplifting, if a complete dismissal is not possible, a criminal defense attorney can explore options that maybe possible (other than jail) such as:

• Probation
• Counseling – take a court ordered class
• Withholding of adjudication – not a conviction
• Diversion program – PTI
• Restitution in the amount of the stolen property to the store
• Community service

Other consequences of a petit theft conviction may include:

• A suspension of your driver license
• Loss of academic scholarship
• Embarrassment
• Loss of trust by people around you

Most of these cases come up in stores like Wal-Mart and Target. Sometimes people are charged with petit theft and they did not intend to steal anything, such as when they forgot about an item in the cart. All the details of a criminal case are important to the Jacksonville criminal defense lawyer; make sure you tell your lawyer every little detail.

4 Tips to Keep in Mind When Charged with Petit Theft in Florida

*These tips apply to other criminal offenses as well.

• Stay calm and be polite: Arguing with the police will not get you far, you can be firm in your position, but not rude. You don’t want to add fuel to the fire by getting another charge of resisting arrest added. Additionally, in most cases, the police will just give the person a Notice to Appear, but if you resist, they will take you to jail. If you think your right are being violated in some way, make sure to get the names and badge numbers of all police officers involved.
• Get help! Hire a criminal lawyer in Jacksonville, FL: it is never a good idea to represent yourself in a criminal case. You may think you are getting a good deal, but you may not realize all the consequences.
• Be part of the defense team: Talk to your criminal lawyer about the strong and weak points in your case. Discuss the evidence against you.
• While in court: when you come to court, dress nice. This means no shorts or sneakers. For the ladies no short skirts. Wear something that you would wear to church or a job interview. Always be polite and respectful.

What Are Common Defenses Against Shoplifting Charges?

Facing shoplifting charges in Jacksonville can be overwhelming, but there are several defenses that can be used to challenge these accusations. Each case is unique, and the best defense will depend on the specific facts of the incident. However, understanding some of the common defenses can help individuals charged with shoplifting better navigate their legal options.

One of the most common defenses is lack of intent. Shoplifting charges require the prosecution to prove that the accused intentionally took items without paying for them. If an individual accidentally left the store without realizing they had an unpaid item, or mistakenly placed an item in a bag, it may be argued that there was no intent to steal.

Another defense is mistaken identity. In busy stores, security personnel may incorrectly identify the wrong person as the shoplifter. This can happen when multiple customers are in the area where the alleged theft took place, or when surveillance footage is unclear.

Additionally, insufficient evidence can be a powerful defense. The prosecution must present evidence that proves the accused is guilty beyond a reasonable doubt. If the evidence is weak or circumstantial, it may not be enough to support a conviction. For example, a lack of clear surveillance footage or witness testimony could result in the charges being reduced or dismissed.

Finally, challenging improper store procedures can also be an effective strategy. Stores and their security staff must follow legal procedures when detaining and accusing someone of shoplifting. If those procedures were violated, such as through unlawful detention or searches, the charges may be dismissed on those grounds.

Each of these defenses can play a critical role in protecting an individual's rights and helping them avoid the long-term consequences of a shoplifting conviction.

Facing criminal charges for theft in Florida can be scary and overwhelming. Please remember you don’t have to go through this process alone. Call our Jacksonville criminal defense attorneys at (904) 615-8950 for your free consultation.

Further Reading: Petit Theft Blog Posts

• Understanding Petit Theft in Florida: A Comprehensive Overview
  Full breakdown of the legal definition of petit theft, first vs. second-degree classifications, what prosecutors must prove, and how this charge can affect you beyond just fines or jail—such as employment, licenses, and civil claims.
• Can I Be Charged with Petit Theft for a Self-Checkout Mistake in Florida?
  Explores when a self-checkout error can trigger criminal liability, how intent plays a critical role, what evidence stores use, and how to defend against these charges (video footage review, negotiating, dismissals or diversion).
• The Florida Petit Theft Court Process: Step-by-Step Guide from a Criminal Defense Lawyer
  A procedural roadmap: from arrest or summons, through arraignment and discovery, negotiation or plea, trial if necessary, and sentencing. Also includes what your rights are at each phase and how a defense lawyer protects them.
• Civil Demand Letters & Store Loss Prevention in Florida Petit Theft Cases
  Discusses civil demand letters (letters from stores seeking payment related to alleged theft), what store loss prevention practices look like, and strategies for responding—legal options, negotiating, or disputing claims—even if the criminal case is resolved.
• 5 Common Myths About a Florida Petit Theft Charge — And Why You Should Take It Seriously
  Debunks myths like “it’s only a small thing,” or “if I return the item, charges go away,” clarifies how prosecutors may still charge, what the real risks are, and how misunderstandings can hurt your defense.

Frequently asked questions about Florida Petit Theft Charges:

1. What is the difference between petit theft and grand theft in Florida?

Under Florida Statute § 812.014, petit theft applies when the value of the property is under $750. This is charged as a misdemeanor, although repeat convictions can elevate it. Grand theft applies when the value is $750 or more, or when the property is a special category such as a motor vehicle, firearm, or law enforcement equipment. Grand theft is always a felony and carries far more severe penalties, including the possibility of prison. A skilled defense attorney can often make the difference between a misdemeanor and a felony filing, which has long-term consequences for your record and your future.

2. Can theft charges be dropped in Florida?

Yes. Theft charges can be dismissed by the State Attorney’s Office if the evidence is weak or through negotiations with the state attorney’s office. In some cases, your attorney can negotiate for dismissal if you complete restitution, community service, or a diversion program. Prosecutors have discretion in filing or reducing charges, and an experienced Jacksonville theft lawyer can advocate for dismissal or reduction early in the process.

3. What is a diversion program for theft?

A diversion program, such as Pretrial Intervention (PTI), is an alternative to traditional prosecution. If accepted, you may be required to complete conditions like counseling, anti-theft classes, restitution, or community service. Upon successful completion, the case is dropped, and you avoid a conviction. Not everyone qualifies, but first-time offenders are often good candidates. Your lawyer can negotiate with the State Attorney’s Office for entry into diversion, which can protect your record from the stigma of a theft conviction.

4. Can a petit theft conviction be sealed or expunged?

If your petit theft is dropped or you receive a withhold of adjudication and meet Florida’s eligibility requirements, you may be able to petition the court to seal or expunge your record. However, if you were adjudicated guilty, even of a misdemeanor theft, it can never be sealed or expunged under Florida law. This makes early intervention by your attorney critical — avoiding a formal conviction may be the difference between a permanent criminal record and the ability to move forward with a clean slate.

5. What happens if this is my second theft charge?

Florida law treats repeat offenders harshly. A second petit theft can be filed as a first-degree misdemeanor, even if the value is low. Two or more prior theft convictions can result in a third-degree felony charge, punishable by up to 5 years in prison. In addition, prior convictions often eliminate eligibility for diversion programs. A strong defense strategy may focus on suppressing evidence, challenging intent, or negotiating a plea that avoids felony classification.

6. Will a theft conviction affect my ability to get a job?

Absolutely. Theft is considered a crime of dishonesty. Employers, landlords, and licensing boards often view theft convictions as a red flag because they question trustworthiness. This is especially true in industries involving money handling, retail, banking, healthcare, and law enforcement. A conviction can also affect professional licenses such as nursing or teaching. Because background checks are now routine, avoiding a theft conviction is critical to protecting your employment and future opportunities.

7. What evidence does the state rely on in theft cases?

Common evidence includes surveillance video, store security reports, witness testimony, receipts, and in some cases, alleged statements from the accused. However, evidence must meet the standard of proof “beyond a reasonable doubt.” Security video may be grainy or unclear, and eyewitness identifications are often unreliable. An experienced defense attorney will carefully examine the state’s evidence for weaknesses and file motions to suppress evidence obtained illegally or improperly.

8. Is shoplifting always treated as theft in Florida?

Yes. Shoplifting is prosecuted under Florida’s theft statute. Even if the value is minimal, such as a $10 item, you will still be charged with petit theft. Shoplifting is treated seriously regardless of the value of the items. Stores like Walmart and Target prosecute all theft cases.

9. How long does a theft case take to resolve?

In Duval county, and surrounding counties, the timeline depends on the seriousness of the charge and the complexity of the case. A misdemeanor theft may resolve within 2–3 months, while a felony theft can take longer. Factors such as discovery requests, motions to suppress evidence, negotiations with prosecutors, and the availability of diversion programs all influence timing. Having an attorney ensures deadlines are met and that the case is positioned for the best possible outcome.

10. Can I be charged with theft if I accidentally forgot to pay?

Yes. You can be charged with petit theft even if the act was unintentional, but lack of intent is one of the strongest defenses. For example, forgetting to scan an item at self-checkout or leaving the store distracted with unpaid merchandise will result in an arrest or a notice to appear, but a lawyer can present evidence showing no intent to steal. In Florida, intent is a required element of theft.

11. What are the collateral consequences of a petit theft conviction or a plea?

In addition to jail, fines, and probation, collateral consequences can include:

• Suspension of your driver’s license,
• Loss of scholarships or financial aid,
• Ineligibility for housing assistance,
• Barriers to certain professional licenses, and
• Immigration consequences for non-citizens.
  These indirect penalties often have a greater long-term impact than the court sentence itself, which is why avoiding a conviction is so important.

12. What is the role of restitution in a theft case?

Restitution is the repayment to the victim for the value of stolen or damaged property. Courts almost always order restitution if the case results in a plea or conviction. In some cases, proactively paying restitution early — through your attorney — can help negotiate dismissal, entry into diversion, or a reduced sentence. It demonstrates good faith and can influence prosecutorial discretion.

13. Can I represent myself in a theft case?

Legally, yes. Practically, it is highly risky. Florida petit theft law is complex, and prosecutors will not give you leniency simply because you do not have a lawyer. Self-representation increases the chances of missing defenses, overlooking procedural issues, or accepting a plea that harms your future. Having a lawyer ensures evidence is challenged, defenses are presented, and negotiations are handled strategically to protect your record.