Theft Crimes
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
Criminal Defense
Theft Crimes
- Assault
- Battery
- Bulgary
- Domestic Violence
- Drug Crimes
- DUI
- Expungement
- Juvenile Crimes
- Misdemeanors
- Robbery
- Sex Crimes
- Warrants
- Violation of Probation
- Violent Crimes
- White Collar Crimes
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Frequently Asked Questions
Can a theft charge be dropped if I return the property?
Returning property does not undo the offense, because the crime is complete at the moment of the taking. It can, however, matter a great deal to how the case is resolved, particularly in diversion negotiations and at sentencing.
Is shoplifting a felony in Florida?
Not usually. Most shoplifting is charged as petit theft, a misdemeanor. It becomes a felony when the value reaches $750, when there are prior petit theft convictions, or when the allegation involves specific aggravating conduct under the retail theft statute.
Will a theft charge show up on a background check?
An arrest appears on a background check whether or not there is a conviction. That is why the outcome matters so much, and why sealing or expungement should be part of the conversation from the beginning.
What counts as the value of the property?
Fair market value at the time and place of the offense. For used goods this is normally well below the replacement or retail price, and it is a frequent point of dispute in felony theft cases.
Do I need a lawyer for a first offense petit theft?
Yes. A first offense is the best opportunity you will have to resolve a case without a conviction, and that opportunity is easiest to secure before the first court date rather than after.
Panama City Theft Crimes Attorney
A theft charge follows you long after the case closes. Florida treats theft as a crime of dishonesty, which means a conviction can be raised against your credibility in any future proceeding, and it appears on the background checks that employers, landlords and licensing boards run. What begins as a shoplifting accusation at a Panama City store can end a career in nursing, teaching, finance or the military.
Rusty Shepard has spent more than 25 years in Bay County courtrooms and has handled over 10,000 cases. As a former Assistant State Attorney in the 14th Judicial Circuit, he prosecuted theft cases before he began defending them. He knows how the State builds a theft file, where the proof tends to be thin, and which cases the State Attorney’s Office is willing to resolve without a conviction.
How Florida Classifies Theft
Under Florida Statute 812.014, theft occurs when a person knowingly obtains or uses the property of another with intent to deprive the owner of it, either temporarily or permanently. The charge you face depends almost entirely on the value of the property involved.
Petit Theft
- Property valued under $100 is petit theft in the second degree, a second degree misdemeanor carrying up to 60 days in jail and a $500 fine.
- Property valued at $100 or more but less than $750 is petit theft in the first degree, a first degree misdemeanor carrying up to one year in jail and a $1,000 fine.
Grand Theft
- Property valued at $750 or more but less than $20,000 is grand theft in the third degree, a third degree felony carrying up to five years in prison and a $5,000 fine.
- Property valued at $20,000 or more but less than $100,000 is grand theft in the second degree, a second degree felony carrying up to 15 years in prison and a $10,000 fine.
- Property valued at $100,000 or more is grand theft in the first degree, a first degree felony carrying up to 30 years in prison and a $10,000 fine.
Certain property is charged as third degree grand theft no matter what it is worth. That includes a firearm, a motor vehicle, a will or codicil, a commercially farmed animal, a fire extinguisher, a stop sign, anhydrous ammonia, and any controlled substance. A dispute over a $400 handgun is a felony from the moment the charge is filed.
Repeat Petit Theft Charges
Florida escalates petit theft on repetition rather than on value. A second petit theft conviction is charged as a first degree misdemeanor regardless of the amount involved. A third or subsequent conviction becomes a third degree felony, which means a person accused of taking a $20 item can be facing five years in prison because of what happened years earlier. Prior withholds and out-of-state convictions frequently appear in these calculations, and they are not always counted correctly.
Related Charges We Defend
- Retail theft and shoplifting under Florida Statute 812.015, including charges involving anti-shoplifting device removal and price tag alteration.
- Dealing in stolen property under Florida Statute 812.019, a second degree felony that often accompanies a theft charge when property is resold or pawned.
- Grand theft auto and unauthorized use of a motor vehicle.
- Worthless check charges under Chapter 832.
- Employee theft and embezzlement allegations, which frequently overlap with the fraud offenses covered on our White Collar Crimes page.
- Burglary and robbery, which are separate offenses involving entry or force and carry substantially heavier penalties.
Consequences Beyond the Sentence
The court can suspend your driver license for a theft conviction under Florida Statute 812.0155, even when no vehicle was involved. In Bay County, where most people drive to work, that consequence is often more disruptive than the sentence itself.
You may also receive a civil demand letter from the retailer or its law firm before your criminal case is resolved. Florida Statute 772.11 allows a property owner to demand treble damages. Paying that demand does not end the criminal case, and responding to it without advice can create admissions the State will use.
For anyone who is not a United States citizen, theft is generally treated as a crime involving moral turpitude, with immigration consequences that can follow even a withheld adjudication. If immigration status is a concern, tell us at the first meeting so the case can be handled with that in mind from the start.
How These Cases Are Defended
Theft cases are more defensible than most people assume. The State must prove intent, and intent is rarely captured on video. A person who walks out of a store holding an item has not committed a theft unless the State can prove they meant to deprive the owner of it.
- Value is frequently overstated. Florida measures fair market value at the time of the offense, not the retail price on the tag. Moving a case below the $750 threshold converts a felony into a misdemeanor.
- A good faith claim of right is a defense. Disputes between former partners, roommates, family members and employees are regularly charged as theft when they are actually civil disagreements about ownership.
- Surveillance footage is often incomplete, poorly preserved, or shows less than the report describes. We request the full recording rather than the clip the State selects.
- Aggregation of separate incidents into a single felony under Florida Statute 812.012 is sometimes applied where no common scheme existed.
- Identification in retail cases is frequently based on a single loss prevention officer’s account.
Diversion and Alternatives to Conviction
The State Attorney’s Office for the 14th Judicial Circuit operates pretrial intervention and misdemeanor diversion programs. For a first offense, successful completion can mean the charge is dismissed rather than resulting in a conviction. Eligibility is not automatic and is easier to secure when it is requested early, before positions harden. Rusty’s history with the office matters here, because these outcomes are negotiated, not applied by formula.
Where diversion is unavailable, a withhold of adjudication may keep the case from becoming a conviction, and sealing or expungement may be available afterward. Our Expungements page explains what is and is not eligible under Florida law.
Contact us online at for a free, confidential consultation any time—day or night.
Criminal Defense
Theft Crimes
- Assault
- Battery
- Bulgary
- Domestic Violence
- Drug Crimes
- DUI
- Expungement
- Juvenile Crimes
- Misdemeanors
- Robbery
- Sex Crimes
- Warrants
- Violation of Probation
- Violent Crimes
- White Collar Crimes
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Frequently Asked Questions
Can domestic violence charges be dropped if the victim doesn't want to proceed?
Not automatically. Florida’s State Attorney’s Office can proceed with prosecution regardless of whether the alleged victim wishes to drop charges. However, an uncooperative victim significantly weakens the State’s case and is a factor your attorney can leverage.
Will a domestic violence conviction affect my custody rights?
Yes — significantly. A domestic violence conviction is taken into account in Florida family court proceedings and can affect custody arrangements, visitation rights, and parental responsibility determinations. This makes fighting the charge — not just minimising the sentence — the priority.
Can a domestic violence conviction be expunged?
No. Under Florida law, domestic violence convictions cannot be expunged or sealed. A conviction is permanent. This is why the quality of your legal representation at the outset is critical.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
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