Retail theft, also known as Shoplifting, is the taking and carrying away of merchandise, property, money, or negotiable documents, altering or removing a label, universal product code, or price tag, transferring merchandise from one container to another, or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value. To prove the criminal offense of Retail Theft or Shoplifting, the State Attorney must prove beyond a reasonable doubt that the criminal suspect knowingly took possession of or carried away merchandise, altered or removed a label or price tag from merchandise, transferred merchandise from one container to another, or removed a shopping cart from a merchant’s premises. The State Attorney must also prove that the criminal suspect intended to deprive the merchant of possession, use, benefit, or full retail value of the merchandise or shopping cart. “Merchandise” means any personal property, capable of manual delivery, displayed, held, or offered for retail sale by a merchant. “Merchant” means an owner or operator and the agent, consignee, employee, lessee, or officer of an owner or operator of any premises or apparatus used for retail purchase or sale of any merchandise. “Value of merchandise” means the sale price of the merchandise at the time it was stolen or otherwise removed depriving the owner of his lawful right to ownership and sale of said item. “Knowingly” means with actual knowledge and understanding of the facts or the truth. “Knowingly” also means an act done voluntarily and intentionally and not because of mistake, accident, or other innocent reason.
If you have been arrested or criminally charged with Shoplifting, it would be advantageous to call a criminal defense attorney to discuss your rights as the defendant in a criminal law case. Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced criminal defense lawyer who has been practicing since 1991 in Miami Dade County, Fort Lauderdale, and Broward County. Criminal defense lawyers can represent you against the criminal charges of the State Attorney. Kenneth P. Hassett is a criminal lawyer who will work hard to battle the criminal charges facing you. Contact Hassett and Associates, P.A. 24 hours per day seven days per week for an immediate free consultation with a Fort Lauderdale Shoplifting Defense Attorney.
812.015 Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.