The “Price Tag” Trap: How an Estimate Can Turn Shoplifting into a Felony

By: John Guidry

There is a never-ending push by law enforcement to make everything a felony. Nowhere is this push more evident than in shoplifting cases. Police love to exaggerate the value of stolen goods to transform an everyday Misdemeanor Petit Theft into a serious Felony Grand Theft.

The Magic Number: In the case below (Blount), the felony threshold was $300. Today, it is $750. But the game is the same: If the cop can claim your shopping cart is worth $751, you face 5 years in prison. If it’s $749, it’s a misdemeanor. The Question: Does the price tag on the shelf equal the legal “value”? Or is the cop just guessing?

Did the Loss Prevention officer “estimate” the value of what you took?

Guesses aren’t evidence. Call John today at (407) 423-1117.

The Case: Blount v. State (The Guessing Game)

To see how not to prove value, let’s look at Blount v. State, 30 So. 3d 662 (Fla. 4th DCA 2010).

The Theft: Blount stole a 15-inch LCD TV, a DVD player, and three pairs of Dickies pants from a retail store.

The “Proof”: At trial, the Store’s Loss Prevention officer testified:

• The TV’s price was about “$200, $300.”
• The DVD player was about “$80.” The police officer then read straight from his report that the total was $479.96 (well over the felony limit at the time).

The Defense: The defense attorney moved for a Judgment of Acquittal, arguing that “about $200” is a guess, not a fact. The State failed to present a receipt, a barcode scan, or a price log.

The Ruling: Estimates Are Not Evidence

The Appeals Court overturned the felony conviction and reduced it to a misdemeanor.

• The Rule: “Evidence is insufficient to prove the value of stolen property… where the property’s value is estimated.”
• The Flaw: The police officer’s specific number ($479.96) was rejected because he couldn’t explain where it came from. He didn’t know who calculated it or when.

The Lesson: To convict you of a felony, the State must prove the value Beyond a Reasonable Doubt. “I think it cost about $300” is reasonable doubt. Unless they have the specific pricing data for that specific item on that specific day, they cannot stick the felony charge.

John’s 2026 Update: Inflation & “Skip Scanning”

Note: In 2010, a TV cost $300. In 2026, a cart of groceries costs $750.

1. The $750 Threshold (Inflation Trap) Florida raised the felony threshold to $750, but inflation has made it easier to hit.

• The Strategy: Police often use the MSRP (Manufacturer’s Suggested Retail Price) to value items.
• The Defense: We argue “Sale Price.” If the jeans were marked $50 but were on a “Buy One Get One Free” rack, the Fair Market Value is significantly lower. We demand the store’s transaction logs to prove what the item was actually selling for that day.

2. Organized Retail Theft (Aggregation) In 2026, the biggest threat isn’t one expensive item; it’s Aggregation.

• The Law: If you steal $100 from Target today, and $100 next week, the State can combine (aggregate) those amounts to hit the $750 felony limit.
• The Defense: We fight to keep the incidents separate. If we can prove they were distinct, impulsive acts rather than a “single scheme,” we can keep them as separate misdemeanors.

3. The “Self-Checkout” Audit Most theft cases today involve “Skip Scanning” at self-checkout.

• The Evidence: Stores now produce a digital “Transaction Void Log.” It shows exactly what was scanned and what wasn’t.
• The Trap: Because this log is precise (down to the penny), the Blount defense is harder to use. However, we still check for “double scans” or errors in the log that artificially inflate the total.

Don’t Let Them “Round Up” to a Felony

The difference between a misdemeanor and a felony is often a few dollars. If the police are guessing at the value, they are gambling with your freedom.

Call me at (407) 423-1117. Let’s audit the receipt.

About 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.