Shoplifting might seem like a minor crime, but it can have serious consequences. In the state of Florida, the value of the stolen items and the offender’s criminal history determine whether shoplifting is a misdemeanor or a felony.
Understanding these factors can help people avoid major penalties.
Thresholds for felony charges
In Florida, the value of the stolen property plays a primary role in determining the severity of the crime. When the value of the stolen items is more than $300 but less than $5,000, the shoplifting offense becomes a third-degree felony. This carries a potential sentence of up to five years in prison, five years of probation and a fine of up to $5,000.
If the value of the stolen goods exceeds $5,000 but is less than $10,000, the shoplifting offense is a second-degree felony, which can lead to up to 15 years in prison, 15 years of probation and a fine of up to $10,000.
When the value of the stolen items is $10,000 or more, the shoplifting offense becomes a first-degree felony, the most serious level of felony for shoplifting. This can result in up to 30 years in prison, 30 years of probation and a fine of up to $10,000.
Aggravating factors
Several factors can escalate a shoplifting offense to a felony, even if the value of the stolen property does not meet the thresholds. Repeat offenders face harsher penalties, as any subsequent shoplifting offense can be charged as a felony regardless of the stolen property’s value.
Additionally, using any device or tool to help in committing the theft, such as a bag lined to prevent sensors from detecting stolen items, can elevate the shoplifting charge to a felony. Participating in organized retail theft, where two or more individuals plan and commit the theft together, can also result in felony charges.
Shoplifting can be a serious offense with significant penalties. Understanding what constitutes a felony can help individuals avoid severe legal consequences when charged with shoplifting theft.