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Can you go to jail for shoplifting?

On Behalf of | Apr 15, 2025 | Criminal Defense

While many people may view shoplifting as a minor offense, Florida law assigns significant penalties to this conduct. A thorough understanding of the applicable statutes is essential when evaluating potential outcomes.

Legal classification of shoplifting under Florida law

In Florida, shoplifting falls under the broader legal category of theft. The classification and associated penalties depend on the monetary value of the appropriated goods. If the value is less than $100, the offense constitutes second-degree petit theft, punishable by up to 60 days in jail and a $500 fine. For values ranging between $100 and $750, the offense becomes first-degree petit theft, which carries a maximum of one year in jail and a $1,000 fine.

When the value exceeds $750, the offense qualifies as grand theft, a felony under Florida law. Grand theft is punishable by up to five years in prison and a fine of $5,000. Additionally, individuals with prior theft convictions may face enhanced penalties, even for items of lesser value.

Collateral consequences and alternative sanctions

Incarceration is not the sole penalty for a theft offense. Courts may impose probation, mandatory community service, or participation in theft prevention programs. Restitution to the affected retailer is commonly ordered. A theft conviction can have long-term repercussions, including limitations on employment prospects, professional licensing, and housing eligibility.

Impact of prior convictions

Repeat offenses can substantially elevate the severity of charges. A third petit theft offense, regardless of the property value, may be reclassified as a third-degree felony. This escalation reflects the state’s approach to habitual offenders and can result in longer prison sentences and larger fines.

Case-specific factors influencing outcomes

The resolution of a theft charge is influenced by multiple factors: the item’s value, the defendant’s criminal history, and evidentiary elements such as video surveillance or witness testimony. These components can determine whether a custodial sentence is likely or whether alternative outcomes are feasible.

 

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