TAMPA SHOPLIFTING DEFENSE ATTORNEY
Work with an Experienced Former Prosecutor
According to the National Association for Shoplifting Prevention (NASP), one in every 11 Americans is guilty of shoplifting. While it sounds like plenty of people are guilty of doing it at least once, it doesn’t mean that it’s not considered a criminal offense.
Most shoplifting arrests will result in misdemeanor charges depending on the value of the stolen property. While a misdemeanor may sound like an insignificant criminal charge, it has the potential to prevent you from buying your dream home, working at your ideal job, and getting loans. A misdemeanor conviction can also hurt your chances of getting into college and acquiring scholarships.
If you’ve been arrested on an alleged shoplifting incident, you need the best legal representation from an experienced Tampa criminal defense attorney. Attorney Andrew Buda from Buda Law understands the importance of defending misdemeanor criminal charges and how they can potentially impact your life forever.
As former prosecuting attorney for Hillsborough and Pinellas Counties, Andrew Buda knows what the prosecution will use when trying to secure a conviction. Using this knowledge, your legal team will create a strong defense that will unravel their evidence and create reasonable doubt.
To discuss your shoplifting charges with attorney Andrew Buda at Buda Law, schedule a free consultation by calling 813-322-2832 today.
What is Considered Shoplifting in Florida?
In Florida, shoplifting is considered a criminal offense. More specifically, it is considered a crime of dishonesty. The legal terms for shoplifting are retail theft and petit theft. According to Florida State 812.015(1)(d), retail theft is when someone takes possession of or carries away merchandise, money, or property by removing or altering the label or price tag in an attempt to deprive the owner of possession, use, benefits, or full retail value. The statute also considers the removal of shopping carts as retail theft. In order to be charged with retail theft or petit theft, the property must be valued at less than $750.
Required Elements for Shoplifting Conviction
An individual can face Tampa theft charges if they take possession of another person’s property. However, Florida law outlines four elements that must be proven beyond a reasonable doubt when charging someone with a theft offense:
- The accused person was seen picking up the merchandise, meaning they did not enter the establishment with the property in hand.
- The accused shoplifter took the items into their possession.
- The items were concealed, or the person attempted to hide the items.
- The accused left the store without paying or tried to leave the store without paying.
In addition to proving the above elements were present during the alleged shoplifting offense, the prosecution will also need to confirm the following:
- The person accused of shoplifting knowingly obtained the property with the intent to permanently or temporarily deprive the person of that property; or
- The person used the property for their own gain or other people not entitled to the use of the property.
An experienced Tampa theft crimes attorney will be able to argue the prosecution’s evidence accusing you of a theft crime by creating a strong defense against the charges. You can count on attorney Andrew Buda to provide the best defense possible. At Buda Law, our goal is to get the charges lowered, dropped, or dismissed so that our clients can return to their lives and put the arrest behind them.
Petit Theft vs. Grand Theft
Florida Statute 812.014 differentiates between the two crimes and details what stolen property constitutes grand theft or petit theft charges. If the stolen property is valued under $750, you’ll be charged with petit theft. You’ll face a grand theft charge if the property is more than $750. While one dollar may not seem like much, it makes all the difference between facing a misdemeanor conviction and a felony conviction.
What are the Penalties for Shoplifting in Florida?
Once again, the penalties for petit theft in Florida will vary based on the value of the property stolen. Most petit theft convictions will result in misdemeanor penalties in Florida, while grand theft charges are typically considered felony offenses. However, your criminal history and other factors can affect the severity of your theft crime penalties.
Petit Theft Penalties
If the property stolen is valued below $100, you’ll face petit theft in the second degree. This second-degree misdemeanor may warrant penalties of:
- Maximum 60 days in jail
- Up to $500 in fines
If the property stolen is valued between $100 and $749, it will be considered a 1st degree misdemeanor in Florida with potential penalties of:
- Maximum jail sentence of one year
- Up to $1,000 in fines
If you’ve been convicted of any theft crimes in the past, you’ll be charged with felony petit theft. This third-degree felony theft charge can result in a fine of up to $5,000 and five years in jail.
Grand Theft Penalties
If the stolen property is valued between $750 and $19,999, it may be charged as a third-degree grand theft felony. Potential penalties include:
- Maximum five-year prison sentence
- Up to $5,000 in fines
If the stolen property is valued between $20,000 and $99,999, this would be considered second-degree grand theft felony. Penalties may include:
- 15-year maximum prison sentence
- Up to $10,000 in fines
A first-degree grand theft felony occurs when the stolen property is valued over $100,000. For this crime, penalties may include:
- 30-year maximum prison sentence
- Up to $10,000 in fines
A felony grand theft charge is a serious offense. When you’re facing these criminal charges, average criminal defense attorneys won’t do. You need an experienced grand theft attorney who knows what it takes to fight against a felony conviction. Contact our law firm today to discuss your charges with attorney Andrew Buda.
Can Shoplifting Charges Be Expunged?
If you were charged with petit theft under Statute 812.014 and your charges were either dropped or dismissed, you may be eligible for expungement. In order to qualify for an expunged record, you cannot have any other convictions in Florida.
Retail theft can have serious consequences, but if this is your first offense, you may qualify to participate in a diversion program. Those charged with their first theft offense may be able to participate in the diversion program conducted by the State Attorney’s Office. This program is used to “divert” cases away from the court by making individuals participate in community service, theft prevention classes, and more.
Unfortunately, if your petit theft arrest resulted in a conviction, you will not be eligible to expunge your record. Even a misdemeanor conviction does not qualify for an expungement.
This is why finding an experienced criminal defense attorney to handle your criminal case is so important. Tampa expungement attorney Andrew Buda understands the severity of a misdemeanor conviction and how it can remain on your criminal record forever and will work hard on your behalf to fight these charges.
Do I Need a Criminal Defense Attorney for Shoplifting Charges?
When facing criminal charges, it’s never smart to represent yourself. You may not believe that a misdemeanor charge requires experienced legal representation, but it can mean the difference between a conviction, participation in a diversion program, or even walking away scot-free. Anytime you’re accused of a crime, you can face serious consequences that can remain with you for the rest of your life.
That is why hiring a Tampa theft crimes attorney is crucial when facing either petit or grand theft charges. An attorney like Andrew Buda will be able to craft a strong defense against the charges and work to disprove the prosecution’s evidence against you. As a former prosecuting attorney, he knows exactly what strategies the prosecution will use in order to get their conviction.
Attorney Andrew Buda has used a variety of defenses when representing clients against theft charges. For example, the law enforcement officer or eyewitness may have made a mistake when identifying you as the perpetrator. If that’s the case, you’ve been the victim of mistaken identity and, therefore, falsely accused of the crime. These are the kind of things your criminal defense attorney will look for and why it is so important that you equip the help of one as soon as possible.
Call Tampa Criminal Defense Attorney Andrew Buda at Buda Law Today
Attorney Andrew Buda has experience handling all types of theft offenses, from shoplifting to grand theft, employee theft, burglary, and more. If you’re looking for the best criminal defense attorney in Tampa, look no further than Andrew Buda at Buda Law.
To discuss your criminal case with attorney Andrew Buda, contact our law firm by calling 813-322-2832 or reach out to us online and get started building your strategic defense today.
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He has connections and relationships with the court systems, which are crucial in negotiations.
He’s definitely a good choice if you want professional representation. I called him a day before my court date he was on time and fully prepared and he worked with me financially as well. He has lots of information that is beneficial towards my case, helping to calm my nerves and also has connections and relationships with the court systems, which are crucial in negotiations in any case. I highly recommend Buddha law to anyone in need of a defense attorney.
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His knowledge and experience exceeded my expectations.
Professional and excellent council. He made me feel like I was his only client. Very responsive to my needs and concerns. I highly recommend for your legal needs. His knowledge and experience exceeded my expectations.
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Amazing attorney. Always available and very compassionate! Andrew’s name came to us through word of mouth from an individual who stated he saved his life, so far looks like he’s doing the same for us! Highly recommended.
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Professional, honest, a straight talker, very responsive, good communication and was extremely efficient.
Andrew Buda was professional, honest, a straight talker, very responsive, good communication and was extremely efficient in representing my case turning a stressful case that resulted in a very favorable outcome. Would highly recommend!
– Cathi
Andrew got the charges dropped even before it could go to trial.
Mr. Andrew is one of the best lawyers you can find in the Tampa Bay Area. He is not gonna give you false promises, and he will get the job done. I have been to many lawyers before hiring him for my case. The other lawyers told me of the case going to trial and what not but Mr. Andrew got the charges dropped even before it could go to trial. The best thing about him is his ability to connect to his clients and connect with them in a personal level. For him it’s not simply a job, it is his passion to help people. He gave me discount as I was going through some hardships. I recommend him very strongly. He is a man of words and he’s also a role model for others to look up to.
– Habibur
They treated me as a person, not just a case number.
I had an exceptional experience with Buda Law Group. This group absolutely has the high-level of expertise and dedication required to assist you with your case. The attorneys stayed engaged and I valued their proactive communication. Recommendations were made for actions I could take to help with the final outcome. They treated me as a person, not just a case number. From the beginning to the end, I was treated with respect and genuine empathy, especially when navigating a complicated case.
– Mary
Their entire team seem to truly care about their clients.
My entire experience with Buda Law was absolutely 5 stars! After sending them a message on their website, within minutes I received a phone call from Attorney Julie Adue. Julie is absolutely phenomenal, was with me every step of the way, and answered all my questions throughout the process. Her knowledge and empathy really helped put my mind at ease, and have full confidence in who I chose to represent me. There was even a time I called the office and asked for Julie, and her paralegal, also named Julie was always so helpful! Highly recommend Buda Law overall, their entire team seems to truly care about their clients which isn’t always easy to come by!
– Alexa
He’s an outstanding lawyer and he’s passionate about helping those in need.
Thanks to Andrew my mom was able to get out a week before my wedding!! He’s an outstanding lawyer and he’s passionate about helping those in need. If I had to recommend someone an amazing lawyer it would be Andrew Buda best there is and best there’ll ever be. I appreciate what you did in the 2 days you had to collect the information and to win the case. Keep up the great work you are doing. From me and my family we thank you for ever!
– Abraham
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