Imagine spending a fun-filled day with friends at a bustling mall in Orlando, Florida. The energy is high, the laughter is infectious, and everyone is having a great time. But what if, in a moment of impulsiveness — perhaps to impress your friends or on a dare, or maybe because you’re feeling a bit down — you decide to pocket a piece of clothing or another item without paying for it?
Before you know it, you’re confronted by mall security or caught on one of the many surveillance cameras strategically placed throughout the store. Suddenly, what seemed like a harmless prank or a fleeting thrill turns into a serious situation. Even if the item you took seems insignificant, you could still face charges for shoplifting or petit theft, known in legal terms as retail theft.
6 Examples of Retail Theft
Retail theft, also known as shoplifting, can take many forms and varies in severity. The following are some common examples:
1. Concealment
Concealment involves hiding merchandise on one’s person, in a bag, or under clothing. This tactic aims to smuggle goods out of the store without detection. For example, a person might slip jewelry into their pocket or hide cosmetics in a purse. Retailers often implement security measures like tags and cameras to prevent and detect concealment.
2. Price Switching
Price switching is a deceptive practice where the thief alters the price tag or barcode on an item to pay less than its actual value. This might involve swapping price tags on clothing or using a lower-priced barcode on an expensive electronic device. Retailers combat this by training staff to recognize tampered tags and by using tamper-evident labels.
3. Refund Fraud
Refund fraud occurs when someone returns stolen goods or uses fake receipts to obtain refunds or store credit. A common scenario is a person shoplifting an item, then bringing it back to the store, claiming it was a legitimate purchase, and requesting a refund in cash or store credit. Stores have countermeasures such as tracking returns and requiring proof of purchase.
4. Sweethearting
Sweethearting involves collusion between a store employee and the thief. The employee might “forget” to scan some items or apply unauthorized discounts at the register. This internal theft is challenging to detect because it exploits the trust between employer and employee. Retailers address this by monitoring employee transactions and using advanced point-of-sale systems.
5. Grab-and-Run
In a grab-and-run scenario, the thief simply takes the merchandise and bolts for the exit. This bold tactic is common in stores with expensive, easy-to-carry items such as electronics or clothing. Stores often use security personnel and alarm systems at exits to deter and respond quickly to such thefts.
6. Organized Retail Crime
Organized retail crime (ORC) involves professional groups that steal large quantities of merchandise to resell it. These groups often target high-value items and use sophisticated methods, such as creating diversions to overwhelm security staff. Combatting ORC requires coordinated efforts between retailers, law enforcement, and industry groups.
Penalties for Shoplifting
The penalties for shoplifting depend on the value of the item stolen as well as your past criminal record.
- For items valued at under $100, you face a second degree misdemeanor petit theft, which carries up to 60-days in jail, 6 months’ probation and a $500 fine.
- For items valued from $100 to $299, you face a first degree misdemeanor petit theft charge carrying up to one year in jail, one year of probation and a $1000 fine.
- If you took something valued at $300 to $19,999, or you stole a firearm, you face a third degree felony or grand theft charge. This crime is punishable by up to 5 years in prison, 5 years’ probation and a fine up to $5000.
It is unlikely that you could steal property worth more than $20,000 from a mall store, but any stolen property worth at least this much subjects you to more severe felony charges.
You also face possible civil penalties or a lawsuit from the retail store along with losing your driving privileges for a time. If the property is not returned to the store, you may also have to pay back the store for the property.
Steps to Take After Being Accused of Retail Theft
Should you be stopped and detained for shoplifting, there are some steps you can take to preserve your rights and to have the best opportunity for a favorable resolution of your case:
- Do not admit to anything.
- Ask if you are under arrest and say you will only talk to an attorney.
- Do not sign anything even if a store representative or security guard assures you that you will be immediately released or not charged.
- If you are allowed a phone call, do not discuss the facts of the case on the phone.
- Should you be turned over to the police, repeat the above.
- Once released, immediately contact a criminal defense attorney.
Many times, there is a misunderstanding about the alleged shoplifting incident, or the witness statements are not credible. The market value of the item allegedly taken may also be in doubt.
Florida also allows in some cases for defendants to enter and complete a diversion program including restitution and/or community service in return for dropping or dismissing the charges.
You need a skilled and experienced criminal defense lawyer to help you when you have been charged with theft or shoplifting.
Speak With a Shoplifting Defense Lawyer at The Wiseman Law Firm
When facing a shoplifting charge in Orlando, The Wiseman Law Firm may be able to provide the defense you need. With over two decades of experience, we know how to navigate the complexities of criminal defense cases and strive to achieve the best possible outcomes for our clients. Our founding attorney, Simon Wiseman, brings unique insight as a former prosecutor, enabling him to craft strategic defenses that address every angle of your case.
We pride ourselves on thorough preparation and personalized attention. We are available 24/7 to answer your questions and keep you informed throughout the legal process. If you or someone you know is facing a theft or shoplifting charge, don’t hesitate to contact us. Call us at (407) 420-4647 or reach out through our contact form.