Many people view shoplifting as a minor offense, but it may result in significant consequences. If you are charged with stealing from a retail establishment, it is important to take the accusation seriously and seek guidance from a Fort Pierce shoplifting lawyer.
As a seasoned theft attorney, Jonathan Jay Kirschner is a board-certified criminal trial lawyer who has been defending people accused of crimes for more than 30 years. He has the experience and expertise necessary to resolve a shoplifting charge in the most favorable way the circumstances allow.
Florida Statute § 812.015(i) defines retail theft as taking merchandise or money from a merchant by removing items without paying, altering or removing a price tag, or taking any action intended to permanently deprive the merchant of the item or its value.
The severity of the crime depends on the value of the stolen property. Property valued at less than $300 is a misdemeanor. Property valued between $300 and $5,000 is a third-degree felony. Property valued at more than $5,000 is a second-degree felony.
Many retail establishments maintain aggressive theft deterrent programs that include prosecuting suspected shoplifters. Store security personnel train to identify and preserve evidence of theft for presentation in court. Identifying flaws in that evidence and using them to benefit the accused shoplifter requires a highly qualified and experienced Fort Pierce defense attorney.
Even a misdemeanor conviction for shoplifting items of minimal value may result in a jail sentence, including for a first offense. When the allegedly stolen items have a higher value or the accused is a repeat offender, a shoplifting conviction could lead to years in prison and substantial fines. In addition, the merchant may pursue a civil lawsuit against the accused.
Any conviction for retail theft generates a criminal record. Theft is a crime of dishonesty or moral turpitude, and a conviction may have an impact on your future opportunities for education, employment, military service, and housing. A felony conviction can bar you from possessing firearms.
Contact our retail theft attorney at Jonathan Jay Kirschner, Esq., in Fort Pierce immediately if you face shoplifting charges. He can protect your rights throughout the ordeal and develop an effective defense to the charges.
St. Lucie and Martin Counties offer pre-trial intervention programs for individuals with no prior criminal history who have been accused of non-violent misdemeanors. If eligible, participants plead guilty or no contest and complete community service and counseling in place of other penalties. Upon fulfilling all obligations, the court does not enter the plea, and no criminal conviction appears on the record.
If you do not qualify for pretrial diversion or a Fort Pierce prosecutor refuses to recommend you for the program, our attorney could prepare a defense to the shoplifting charges. The attorney could examine the conduct of the store’s security personnel and police to determine whether they violated your rights or conducted an illegal search.
Depending on the evidence, we could assert that you had no intent to permanently remove the merchandise from the store. We could also challenge the retailer’s claims regarding the value of the items, which could lead to a reduced charge.
A retail theft conviction could affect your life for years, making a strong defense essential. The Fort Pierce shoplifting lawyer at Jonathan Jay Kirschner, Esq., has the skills and experience to pursue a favorable outcome. Our team is available 24/7—contact us immediately after an arrest.
