A shoplifting arrest in Florida might seem minor — but shoplifting penalties in Florida can be surprisingly harsh. Even a first-time offense can lead to jail time, a criminal record, and lost job opportunities if not handled correctly.
Whether you’re facing petit theft or retail theft charges in Fort Lauderdale or anywhere in South Florida, here’s what you need to know to protect your rights and your future.
📜 What Counts as Shoplifting in Florida?
Under Florida Statute § 812.015, shoplifting is prosecuted as retail theft and can include:
Taking items without paying
Swapping price tags or barcodes
Concealing merchandise
Walking past all points of sale
Using tools to remove security devices
Even attempting to do any of the above can lead to an arrest — and Florida law allows loss prevention officers (not just police) to detain suspected shoplifters.
⚖️ Penalties for Shoplifting in Florida
The severity of shoplifting penalties in Florida depends on the value of the items and your prior history:
| Value | Charge | Penalty |
|---|---|---|
| Under $100 | Second-degree misdemeanor (Petit Theft) | Up to 60 days in jail + $500 fine |
| $100–$749 | First-degree misdemeanor (Petit Theft) | Up to 1 year in jail + $1,000 fine |
| $750+ or 2+ priors | Third-degree felony (Grand Theft) | Up to 5 years in prison + $5,000 fine |
Additionally, shoplifting convictions may lead to:
Driver’s license suspension
Civil demand letters from stores
Denial of job or housing applications
🛑 What If I Didn’t Leave the Store?
Contrary to popular belief, you don’t have to exit the building to be arrested. If store security has probable cause to believe you intended to steal, they may detain you and call police before you leave — especially if surveillance footage shows suspicious activity.
🛡️ Legal Defenses to Florida Shoplifting Charges
An experienced criminal defense attorney can challenge the case by arguing:
Lack of intent — you forgot the item was in your cart or bag
Mistaken identity — store security misidentified you
Insufficient evidence — unclear footage or no witness
Unlawful detention or search — security or police acted illegally
Your lawyer may also negotiate for pretrial diversion, withhold of adjudication, or even dismissal based on the facts.
📍 Fort Lauderdale Retail Theft Cases
Local prosecutors are strict when it comes to shoplifting penalties in Florida, especially at high-traffic stores.
Retail theft cases in South Florida are common, especially at high-volume locations like:
Sawgrass Mills
Aventura Mall
Walmart, Target, and Publix stores
Broward County prosecutors do not take these cases lightly — especially for repeat offenders. That’s why early representation is crucial.
🧭 What Should You Do After an Arrest?
Don’t talk to store security or police. You’re not required to explain yourself — and your words can be used against you.
Do not pay a civil demand letter without legal advice.
Call a Fort Lauderdale theft defense attorney to protect your record and fight for a dismissal or reduction.
🙋♂️ Frequently Asked Questions
❓ Can I be arrested for shoplifting if I didn’t leave the store?
Yes. Florida law allows charges based on concealment and intent — not just walking out.
❓ What if I paid for everything except one item by mistake?
You may still be charged, but a lack of criminal intent can be a strong defense.
❓ Will shoplifting go on my permanent record?
If you’re convicted, yes. That’s why fighting the charge — or qualifying for diversion — is critical.
❓ Can a shoplifting charge be sealed or expunged?
Possibly — if the charge is dropped, dismissed, or you receive a withhold of adjudication and meet eligibility.
❓ Do I need a lawyer for a first-time shoplifting charge?
Absolutely. A lawyer can help you avoid jail, protect your record, and reduce long-term harm.