Florida Shoplifting Laws: When Does a Theft Actually Occur?

By: John Guidry II

In Florida, the crime of “shoplifting” is legally known as either petit theft or grand theft. The distinction depends entirely on the value of the items. A purse worth over $750 is a grand theft—a felony that can carry up to five years in prison. Anything under that value is a misdemeanor, but can still lead to jail time.

No matter the value, the good news is that these cases are often fixable and can frequently be dismissed. But first, I want to clear up a common and dangerous urban myth about when the crime of shoplifting actually occurs.

Charged with Shoplifting in Orlando? Don’t let a mistake or a misunderstanding ruin your career. Call my office for a complete defense strategy, from the initial charge to clearing your record. Call John Guidry: (407) 423-1117

The Shoplifting Myth: “I Didn’t Leave the Store Yet”

Many people believe you cannot be arrested for shoplifting until you have physically walked out the doors of the store without paying. This is completely false.

Under Florida law, the crime of theft is completed at the moment of concealment with the intent to steal. If you are in Publix and conceal a nice steak by putting it down your pants, you have technically committed the crime of petit theft at that exact moment. Loss prevention does not have to wait for you to pass the cash registers to stop you and have you arrested.

Why a Theft Charge is a Career “Job Killer”

The most significant long-term consequence of a shoplifting charge is its devastating effect on employment. In a competitive job market, when an employer runs a background check and sees a charge that labels you as a “thief,” they will almost always pass you over for another candidate. Even if you get the job, you will live under a cloud of suspicion; the moment something goes missing at work, you could be the first to be blamed. You don’t need that kind of trouble in your life.

Find the right local attorney who understands this complete, start-to-finish process. I’m John Guidry, and I have been defending clients against theft charges in Orange, Seminole, Osceola, Lake, Brevard, and Volusia counties for over 32 years. When you hire my firm, our goal isn’t just to get your case dismissed—it’s to get it erased. Call today.

Author Bio: John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.