Sarasota Retail Theft and Shoplifting Lawyer
Retail theft charges in Sarasota County often start at a store exit, a self-checkout lane or a loss-prevention office. They often involve people with no prior record. Florida's retail theft law covers more than walking out with unpaid merchandise. Depending on value, history and how the incident happened, the charge can range from a second-degree misdemeanor to a felony. Former prosecutor Daniel D. Nawara represents people accused of shoplifting and retail theft in Sarasota and Manatee counties.
What counts as "retail theft"?
Section 812.015(1)(i), Florida Statutes, defines retail theft as any of the following done with intent to deprive the merchant of possession, use, benefit or full retail value:
Taking possession of or carrying away merchandise, property, money or negotiable documents.
Altering or removing a label, universal product code or price tag.
Transferring merchandise from one container to another.
Removing a shopping cart.
Intent is the core issue in many cases, especially self-checkout cases where a missed scan may be an error rather than a theft.
Degrees and penalties by value
Most single-incident shoplifting cases are charged under the general theft statute, section 812.014, based on value:
Value / circumstance Offense Maximum penalty (ss. 775.082, 775.083) Under $100 Petit theft, 2nd degree (misdemeanor) 60 days; $500 $100 to under $750 Petit theft, 1st degree (misdemeanor) 1 year; $1,000 Petit theft with one prior theft conviction 1st-degree misdemeanor 1 year; $1,000 Petit theft with two or more prior theft convictions 3rd-degree felony 5 years; $5,000 $750 to under $20,000 Grand theft, 3rd degree (felony) 5 years; $5,000
On a second or later conviction for petit theft from a merchant, section 812.015(2) requires a fine of $50 to $1,000, or public service in lieu of the fine. Section 812.015(12) requires the court to order restitution on a retail theft conviction. See petit theft and grand theft.
When retail theft becomes a felony under section 812.015
Section 812.015(8) makes retail theft a third-degree felony in several situations, including when the person:
Coordinates others, or commits thefts at more than one location, where the amounts aggregated over a 120-day period reach $750 or more.
Conspires to steal merchandise to sell it, with an aggregated value of $750 or more.
Acts with others to distract staff, or otherwise coordinates the offense, with a value of $750 or more.
Buys a box or package containing different or additional merchandise, with a value of $750 or more.
Commits three or more retail thefts within 120 days involving 10 or more items, regardless of value, with at least two thefts at different store locations.
Acts with five or more other people to overwhelm a merchant's response.
Section 812.015(9) makes it a second-degree felony when, among other things, a person has a prior conviction under subsection (8) or (9), or the aggregated value of coordinated thefts within 120 days exceeds $3,000. Section 812.015(11) makes it a first-degree felony with two or more prior convictions under those subsections, or with possession of a firearm. Possessing or using an antishoplifting device countermeasure in a store is a separate third-degree felony (s. 812.015(7)). Resisting a merchant's or officer's reasonable recovery effort can be a first-degree misdemeanor (s. 812.015(6)).
Merchant detention
Section 812.015(3) allows a merchant or the merchant's employee who has probable cause to believe a retail theft occurred to take the person into custody and detain them in a reasonable manner, for a reasonable time. If the merchant detains someone, a law enforcement officer must be called immediately. Activation of an antishoplifting alarm at an exit is treated as reasonable cause for detention under section 812.015(3)(b). What store staff saw, what the cameras recorded and what was said in the office often become key evidence.
Civil demand letters are separate
Many people receive a letter from a store or its lawyers demanding money after a shoplifting stop. Section 772.11 lets a person injured by theft seek treble damages, with a $200 minimum, after a written demand. A person who complies with the demand within 30 days receives a written release from further civil liability for that act. Paying a civil demand does not resolve the criminal case. Not paying does not by itself create a criminal charge. Talk with counsel before responding, and see our article on civil demand letters.
Where Sarasota retail theft cases are heard
Misdemeanor theft cases from south of Blackburn Point Road, including Venice and North Port, are docketed at the South County Courthouse in Venice. Cases from Sarasota, Siesta Key and other north-county areas go to the Silvertooth Judicial Center, 2002 Ringling Boulevard. Felony theft cases from anywhere in the county are heard downtown (AO 2026-12.2). See the Sarasota criminal court guide.
Defenses and resolutions
Intent and accident. Self-checkout errors, distraction, or items in a cart or bag without intent to steal.
Video. Surveillance footage is often decisive, and stores do not keep it forever, so counsel may move quickly to preserve it.
Value. The degree depends on value, and aggregation under section 812.015 has specific requirements.
Identification and statements, including what was said to loss prevention or written on store forms.
Diversion. First offenders and people with no more than one prior nonviolent misdemeanor may be considered for pretrial intervention under section 948.08, subject to the required approvals. See pretrial diversion.
Record consequences. A withhold of adjudication may be possible in some cases. It is not a dismissal. See withhold vs. conviction and sealing.
Frequently asked questions
Is shoplifting a felony in Florida?
It usually starts as a misdemeanor petit theft. It becomes a felony at $750 or more in value, with two or more prior theft convictions, or under the organized and repeat retail theft provisions of section 812.015(8)–(11).
Do I have to pay the civil demand letter?
The civil demand under section 772.11 is separate from the criminal case. Paying it does not dismiss the charge. Get advice before responding.
Can a store hold me until police arrive?
A merchant with probable cause may detain a person in a reasonable manner and for a reasonable time, and must call law enforcement immediately (s. 812.015(3)).
What if it was a self-checkout mistake?
Intent to deprive is an element of the offense. Video, receipts, payment records and the circumstances can all bear on whether a missed scan was intentional.
Can I keep this off my record?
Possibly, depending on eligibility for diversion, the outcome and later sealing or expungement rules. Each has separate requirements.
Talk with a Sarasota retail theft lawyer
Call (941) 920-5514 or request a free consultation with Daniel D. Nawara. Bring the notice to appear, any trespass warning and any civil demand letter. Ask about fees and payment plans. See also misdemeanor defense.
Updated October 1, 2026. General information only, not legal advice. Penalties depend on the facts, prior history and the law on the offense date. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.
Sources: Fla. Stat. § 812.014, § 812.015, § 772.11, § 775.082, § 775.083, § 948.08; AO 2026-12.2.