Charged With Theft in Sanford, But You Didn’t Intend To Steal — What Are Your Options?

Missing a scan at self-checkout, forgetting a product left underneath your cart, or getting distracted by a phone call as you walk out the door can all result in theft charges, even if you had every intention of paying for your items. Fortunately, in Florida, intent is a necessary component of a theft charge. If you did not have the intent to steal, you do have defense options and choices.

Preliminary Steps: What Prosecutors Must Prove

To be convicted of theft in Florida, the State must prove you knowingly obtained or used another person’s property with the intent to temporarily or permanently deprive the owner of it (Florida Statute §812.014). Put simply, if you made a mistake, there was a misunderstanding, or you acted accidentally, it is not a crime. The specifics of what happened — and what evidence can be substantiated — matter a great deal.

Retail Theft Crimes in Florida: Levels and Values

Petit theft (misdemeanor): Generally includes property valued under $750

Grand theft (felony): Generally includes property valued at $750 or more (or specified items regardless of value, such as certain electronics or firearms)

The exact amount (adjusted up or down by factors like prior theft convictions) and the source of the property (a retail store or an individual person) can also impact how the State prosecutes the case.

Early Mistakes To Avoid

Don’t try to talk your way out of it at the store or wherever the incident occurred. Loss prevention and police officers are taking notes as you explain.
Don’t sign a written statement without speaking to a skilled criminal defense lawyer first. Why? If the statement includes an inaccurate explanation of what took place, you may think that it is helpful to you at the time. However, that statement can ultimately be used as evidence against you.
Don’t ignore a notice to appear. Failure to appear at a mandatory court date makes the case much more serious.
Don’t post to social media. Anything on your accounts could become part of the case.

What You (And Your Defense Attorney) Should Do Immediately

Collect receipts and transaction records. Bank statements, app history (i.e., Target or Walmart), and loyalty program histories can establish that you were shopping and intended to pay.
Preserve video and witness contact info. Stores typically have multiple cameras positioned at various angles. Have your lawyer send a preservation letter ASAP.
Put things in context. Medical records, text conversations about a family emergency, or permission to borrow/buy an item can explain your side.
Take photos of the layout. Pictures of the store’s self-checkout area, any signage that was unclear or misleading, or the return desk setup can back up a mistake-of-fact defense.

Legal Defenses When There Was No Intent

Mistake of fact:

You reasonably believed you had paid or had the owner’s permission (i.e., a faulty scan or a misplaced receipt).

Ownership/claim of right:

You had a good faith belief that the property was yours or that you were retrieving your own property.

No knowledge of the alleged taking:

If you carried the item past sensors while distracted and cooperated immediately, that can negate intent.

Insufficient evidence:

Poor-quality videos, missing or poor camera angles, or witness statements that do not coincide with your side of the story can lead to reasonable doubt.

Value disputes:

If the State cannot meet its burden to prove value, the charge level may be reduced — from felony to misdemeanor — changing your risk and reward, as well as your options.

Impact of a Theft Conviction (And the Importance of Avoiding It)

Even a misdemeanor theft can count against you for employment, housing, and professional licenses because it is categorized as a “crime of dishonesty.” That is why dismissal, diversion, or withholding adjudication is critical, especially when you did not intend to steal.

Expunging or Sealing Your Record Down the Road

If your case is dismissed, or if you get one of the above outcomes (withhold of adjudication on an eligible charge), you may be able to seal your record later. That can limit the public’s ability to see your case information. Consult with your lawyer early to ensure that your resolution allows you to protect your future eligibility.

FAQs

What if I offered to pay at the door?

Intent is judged before the stop. If you always intended to pay, that is good for your defense. What you said and how you acted matter.

Can I call the store to resolve the matter?

No. Let your lawyer handle it. Anything you say can be used in a criminal case.

Is a receipt enough to prove my case?

Receipts help, but your criminal defense attorney will also want video, app logs, and witness statements to tell the whole story.

Do I have to go to court?

In most misdemeanor cases, your attorney can appear for you, especially at the early hearings.

Why contact a Sanford criminal defense lawyer now?

A skilled local attorney already knows and understands Seminole County’s procedures, the criteria used for area diversion programs, and the evidence prosecutors need to feel confident that they can successfully prove a theft charge. When the main issue is intent, having evidence that includes camera angles, payment and transaction records, and objective information about what really happened is crucial. That said, the sooner you contact your lawyer, the easier it is to gather and protect that evidence.

Work With a Knowledgeable Criminal Defense Lawyer Today

A retail theft charge in Sanford or elsewhere in Florida is not an automatic one-way ticket to a conviction — especially if you did not intend to steal. Current theft laws require proof of intent, and if that doesn’t exist, your attorney will know how best to pursue dismissal, reduction, or diversion when the evidence supports a mistake, misunderstanding, or lack of knowledge. The best thing you can do for yourself in the short term is to stay quiet, preserve your evidence, and work with a defense lawyer who can act quickly to set the record straight. Contact our office today.