From Shoplifting to Life in Prison: Why “The Force” Awakens the Prosecutor

By: John Guidry

Sometimes, the heat of the moment transforms something stupid into something tragic. I’ve seen road rage transform into a prison term. I’ve seen a misdemeanor urinating in public charge blossom into a Sex Offender registration (because a 16-year-old happened to walk by).

But nothing compares to the “creative juices” of law enforcement when they sit down to type up a Robbery report.

• The Reality: You stole some shirts and ran.
• The Report: You committed an armed robbery and deserve life in prison.

Did the police upgrade your shoplifting charge to Robbery?

Do not speak to them. Call John today at (407) 423-1117.

The Robbery Equation (Theft + Force)

To understand how a theft becomes a robbery, you need to know the math: Theft + Force = Robbery.

A robbery is simply a theft that includes force or threats during or after the taking. To get a conviction, the State needs a “continuous thieving event.” But here is the wrench: What happens if the thief throws the stolen goods on the ground (abandons them) and then uses force to escape? Does that count?

The Case: Rockmore v. State (The Life Sentence)

In Rockmore v. State, 140 So. 3d 979 (Fla. 2014), Rockmore was caught shoplifting at a Walmart.

• The Theft: He ran out of the store with some shirts.
• The Chase: A Loss Prevention officer chased him.
• The Conflict: During the chase, Rockmore dropped the shirts. He then allegedly displayed a gun in his waistband and said, “Let it go, let it be, you don’t want none.”

The Defense: Rockmore argued that because he dropped the shirts before the threat, he had Abandoned the robbery. He argued he was just a guy running away, not a robber.

The Sentence: The jury convicted him of Robbery with a Firearm. Because he was a Prison Releasee Reoffender (PRR) (meaning he had been released from prison within 3 years), the Judge had no choice but to sentence him to Life in Prison. Yes, Life. For shirts.

The Ruling: No “Abandonment” Once You Run

The Florida Supreme Court upheld the Life Sentence. They ruled that the “Abandonment” defense did not apply because the theft and the threat were a “continuous series of acts.”

“Rockmore admitted to fleeing from the store with the stolen merchandise… As Rockmore’s theft and threatened use of force constituted a continuous series of acts, we decline to extend the abandonment of property defense.”

The Lesson: Even if you drop the goods, if you use force to escape seconds later, the law treats it as one big robbery.

John’s 2026 Update: The “Receipt Check” Trap

Note: In 2014, Rockmore flashed a gun. In 2026, you don’t even need a weapon to get a felony.

1. The “Receipt Check” Robbery In 2026, retailers like Walmart and Target are aggressive about checking receipts at the door.

• The Scenario: You paid for your items but forgot to scan a water bottle. The Loss Prevention officer blocks the door. You shove past them to leave.
• The Charge: That “shove” is considered Force. The water bottle is the Theft.
• The Result: You are now charged with Strongarm Robbery (2nd Degree Felony), simply for pushing past a greeter.

2. “Organized Retail Theft” (The New RICO) Florida has cracked down on shoplifting rings.

• Aggregation: If you steal $50 from Target today, and $50 next week, the State can now “aggregate” (combine) those amounts to hit the Felony Theft threshold.
• The Group Trap: If you are with two friends, and one of them pushes an employee, everyone can be charged with Robbery under the “Principal” theory.

3. “Implied” Weapons In Rockmore, he had a gun. Today, if you just reach for your waistband while running, police will charge you with Armed Robbery.

• The Defense: We use store video to prove your hands were empty. If they can’t produce a weapon, we fight to get the “Armed” enhancement dropped.

Watch Out for the Upgrades

A Walmart shopper stole some shirts and got life in prison. Don’t let a moment of stupidity turn into a tragedy. If the charge says “Robbery,” the stakes are deadly.

Call me at (407) 423-1117. Let’s downgrade those charges.

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.