Shopping Season Crimes: Shoplifting, Robbery, and Firearm Enhancements in Florida Malls and Parking Lots
If you have been charged with a retail-related crime, or an offense that involved the use of a firearm, you may be facing a difficult legal road. The experienced Florida criminal defense attorneys at Alers Law Firm can provide you with hard-hitting legal representation when you need it.
What you may think are minor criminal charges could end up being more serious than you think. After you have been arrested for shoplifting, you must wait for the prosecutor to file charges, and the exact nature will depend on the value of the property. Depending on the circumstances of the alleged crime, the charges could even be harsher than you think, especially when a firearm was involved in a theft.
Schedule a free initial consultation with a Florida criminal defense lawyer at Alers Law Firm by calling us at (407) 930-4888 as soon as possible after you have been arrested. Given the stakes, this is not a phone call or message that you can afford to delay.
Since more people are shopping around the holiday season, it follows that there is an increase in retail-related crimes in Florida. Whether you have been charged with shoplifting in a mall, or a retail crime that involves the use of a firearm, the penalties can be serious. Florida law has elevated penalties for theft under certain circumstances.
Shoplifting in Florida
Technically speaking, shoplifting in Florida is charged under theft statutes. The law specifically names the following actions as constituting retail theft:
- Taking possession or carrying away property from a merchant
- Altering or removing a price tag from an item
- Transferring merchandise from one container to the other
- removing a shopping cart from a parking lot
Then, the prosecutor must also prove that the defendant took the action with the intent to deprive the merchant of possession, use, benefit, or full retail value of the merchandise.
There are various circumstances in which retail theft charges can be elevated to a felony. Prosecutors will charge the crime based on the value of the property that was allegedly involved. If more than $750 in property was allegedly affected, the defendant can be charged with a third-degree felony. It is important to know that you can still face felony charges even when the value of the property was less than that amount. A relatively recent Florida law allows for the aggregation of multiple theft events that occurred within a 120-day period.
Second, Defendants can also face felony charges when the amount was lower than $750 if they are alleged to have possessed certain devices that may aid theft, including:
- Foil-lined bags
- Magnet detachers
- Signal-jamming devices
These types of theft convictions are punishable by up to five years in prison and a $500 fine.
Even when theft from a shopping mall is charged as a misdemeanor, you may still face serious penalties. Any type of theft conviction carries the possibility of a jail sentence.
- Second-degree petit theft (when the property is valued at under $100) is punishable by up to 60 days in prison and up to a $500 fine
- First-degree petit theft (when the property is valued between $100 and $749) is punishable by up to a year in jail and up to a $1,000 fine
Theft Involving the Use of a Firearm
Theft becomes a first-degree felony when it involves the use of a firearm. In other words, theft becomes an even more serious crime when a firearm is used, displayed or even implied. You do not even have to brandish or discharge the firearm to be charged with robbery. Merely telling someone that you have a gun when committing theft may be enough to elevate the charges to robbery.
Florida law imposes mandatory minimum sentences for robbery, and the exact amount of prison time depends on whether the firearm was used or discharged. Regardless, robbery is punishable by a minimum of ten years in prison. It does not matter whether the alleged crime occurred in a store or in a shopping mall parking lot. Robbery can include instances in which you are alleged to have taken property from a store or an individual in the parking lot. The crime is the exact same, and the penalties are equally harsh.
Since there are serious potential penalties involved with theft and robbery convictions, in addition to other difficult consequences, it is vital that you seek help from a Florida criminal defense lawyer if you are charged with either crime.
Contact a Florida Criminal Defense Law Firm
Talk to a Florida criminal defense attorney at Alers Law Firm to learn more about what you may be facing and how to deal with your legal situation. You can schedule an appointment to speak with a criminal defense lawyer by filling out an online contact form or by calling us today at (407) 930-4888.
