Crimes for Shoplifting
Shoplifting crimes can be charged as a second degree misdemeanor, first degree misdemeanor, or felony, depending on the value of the item stolen. The way the crime is charged might also depend on the number of prior theft convictions, the type of item stolen, or the way in which it was stolen.
Generally, if the item is valued at under $100, the crime is classified as a second degree misdemeanor. If the item is valued at under $750, the crime is classified as a first degree misdemeanor. If the item’s value is over $750, the crime is classified as a third degree felony.
Prosecutors are particularly harsh when they believe the suspect is engaged in organized theft or working with others to profit from the crime. Those cases often involve allegations of resisting a merchant or possessing an antishoplifting or inventory control device.
Attorney for Shoplifting Crimes in Florida
The attorneys at Sammis Law Firm represent clients accused of theft and shoplifting crimes, including grand theft, petit theft, and possessing an antishoplifting device or inventory control device.
During the initial consultation, we can discuss the charges pending against you, the typical penalties imposed for that offense, and the best ways to fight the charges for a reduction in the charges or an outright dismissal.
Our offices are located in downtown Tampa, FL. We also have offices in New Port Richey and Clearwater, FL.
Call 813-250-0500.
Possession of an Antishoplifting Device
Florida Statute Section 812.015(7) prohibits possessing, using, or attempting to use, any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise.
The crime of possession of any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of the third degree, punishable by up to five years in prison (or probation) and a $5,000 fine.
Under Section 812.015(1)(h), “antishoplifting or inventory control device” is defined to mean “a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area within such an enclosure, of specially marked or tagged merchandise. The term includes any electronic or digital imaging or any video recording or other film used for security purposes and the cash register tape or other record made of the register receipt.”
Under Section 812.015(1)(i), “antishoplifting or inventory control device countermeasure” is defined to mean “any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device.”
The standard jury instructions for this crime explain:
“To prove (defendant) “possessed an antishoplifting or inventory control device countermeasure,” the State must prove beyond a reasonable doubt that [he] [she] a) knew of the existence of the antishoplifting or inventory control device countermeasure and b) intentionally exercised control over that antishoplifting or inventory control device countermeasure.”
When explaining the word “control,” the standard jury instructions provide:
“Control can be exercised over an antishoplifting or inventory control device countermeasure whether the antishoplifting or inventory control device countermeasure is carried on a person, near a person, or in a completely separate location, that is within any premises for the retail purchase or sale of any merchandise. Mere proximity to an antishoplifting or inventory control device countermeasure does not establish that the person intentionally exercised control over the antishoplifting or inventory control device countermeasure in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the antishoplifting or inventory control device countermeasure or the present ability to direct its control by another.”
When joint possession is alleged, the court might give this instruction:
“Possession of an antishoplifting or inventory control device countermeasure may be sole or joint, that is, two or more persons may possess an antishoplifting or inventory control device countermeasure.”
This article was last updated on Tuesday, April 18, 2023.
