Florida’s New Theft Penalties Explained

In October of 2024, various new laws will go into effect in Florida. One of these new laws involves retail theft, and it creates new felony penalties for so-called “smash-and-grabs.” If you commit this offense after October 1st, you could face much more serious consequences. However, the same defense strategies still apply to these charges – and you can pursue positive outcomes by working alongside an experienced Fort Myers criminal defense lawyer.

You Could Get Five Years in Prison for Shoplifting

Retail theft – also known as shoplifting – is now a serious offense in Florida. House Bill 549 establishes higher penalties for retail theft if you participate with four people during your offense.  These organized activities, often referred to as “smash-and-grabs,” have elicited a strong response from Governor Ron DeSantis.

As of October 1st, participating in an organized retail theft with four other individuals becomes a third-degree felony. This could lead to up to five years in prison. In addition, felony offenses raise all kinds of additional issues – most notably the loss of your rights. This includes not only the loss of your gun rights, but also the right to participate in the democratic process. For unlawful aliens, this offense may even result in deportation. In addition, a felony could make it difficult to find reliable employment.

Retail theft laws in Florida have also been adjusted to ensure first and second-degree felonies for certain aggravating factors. These include prior convictions, multiple retail thefts within a short period of time, and other factors.

Florida Is Also Cracking Down on Porch Pirates 

House Bill 549 also includes adjustments to Florida’s “porch pirate” laws. Prior to October 1st, porch piracy was already a recognized, separate offense (unlike in many other states). After October 1st, however, penalties for this offense become more severe. As long as the value of the stolen goods is worth more than $40, you will now face a first-degree misdemeanor. A first-degree misdemeanor can result in a jail sentence of up to 12 months.

If you steal property from porches worth more than $40, you face a third-degree felony. As with organized retail theft, the maximum penalty is five years in prison. One should note that it is inherently impossible to determine the value of a parcel when you take it from a porch – and these laws create a dangerous game of chance for anyone who engages in porch piracy. The difference between a $35 child’s toy and a $45 pair of headphones can be significant.

Can a Fort Myers Defense Lawyer Help With Retail Theft Charges?

 Florida takes retail theft more seriously than many other states. If you have been charged with retail theft in Fort Myers, you should take your legal defense seriously as well. The first step is to realize that help is available. An experienced defense attorney can help you assess the most appropriate defense strategy based on your unique circumstances. After an initial consultation, your lawyer can immediately begin executing this strategy. Reach out to The Foley & Wilson Law Firm to learn more.

Sources: 

local10.com/news/local/2024/04/09/desantis-signs-bill-to-combat-retail-theft-porch-piracy-in-florida/

flsenate.gov/Session/Bill/2024/549/BillText/er/PDF