You might think of shoplifting as a low-level offense. However, under Florida’s updated criminal laws, walking out of a store with stolen merchandise—especially as part of a group—can be classified as a felony. If you or someone you care about has been arrested after a “group theft” incident, you could be facing grand theft charges, even if the stolen goods didn’t seem that valuable.
Florida law enforcement agencies have been under pressure to respond to growing national concerns about retail theft rings targeting malls, department stores, and even big-box chains. The rise in social media-organized theft events, often called "flash mobs", has led to harsher legislation. These changes now allow prosecutors to pursue felony charges even when individual thefts would not meet the usual dollar threshold for grand theft.
This means that being in the wrong place at the wrong time, or getting caught up in someone else’s scheme, can result in life-altering criminal charges. Even passive involvement, like riding along or waiting outside in a vehicle, may be interpreted as part of a coordinated effort under the state’s broad legal definitions.
What makes this especially serious is that prosecutors now have the power to combine the value of items taken by multiple people across different locations into a single theft charge. As a result, defendants can face multiple felony counts tied to a single investigation, even if their direct involvement was minimal.
Here’s what you need to know about how organized retail theft works under Florida law, what makes it a felony, and how an experienced South Florida criminal defense lawyer can fight for your future.
What Is Organized Retail Theft Under Florida Law?
In 2024, Florida legislators passed harsher penalties for retail theft involving multiple people, multiple stores, or pre-planned tactics. This type of crime is known as organized retail theft, and it’s now prosecuted much more aggressively than it was before 2024.
According to Florida Statute § 812.015, organized retail theft involves:
- Two or more individuals
- Coordinating to commit retail theft
- Stealing items with the intent to resell, redistribute, or otherwise profit
The key element is coordination. If prosecutors believe you acted in concert with at least one other person, whether through text, planning, or simply entering and exiting together, they may charge the entire group with a felony offense.
What’s the Difference Between Shoplifting and Organized Retail Theft?
Shoplifting typically refers to an individual taking items without paying for them. It's often treated as petit theft, a misdemeanor, especially if the value is under $750.
Organized retail theft, by contrast, can become a third-degree, second-degree felony, or even a first-degree felony based on:
- The number of people involved
- The value of stolen merchandise
- Whether social media was used to solicit others to commit an alleged crime
- Whether firearms were used
- Whether you have prior retail theft convictions
For example, a single person who steals a pair of shoes from one store may face a misdemeanor. But two people who hit multiple stores in one day, or use social media to coordinate thefts, could face felony grand theft charges, even if no individual item exceeds $750.
What Are the Penalties for Grand Theft Related to Retail Theft Rings?
The potential penalties for retail grand theft depend on the type of felony charges you face. The penalties for a:
- Third-degree felony include up to five years in prison and a fine of up to $5,000
- Second-degree felony include up to 15 years in prison and a fine of up to $10,000
- First-degree felony include up to 30 years in prison and a fine of up to $10,000
Additionally, a felony conviction could follow you long after your case is closed. A felony record can make it more challenging to go to college, secure employment, get professional licensing, or find housing, as many background checks flag felony convictions. You may lose critical civil rights, including the right to vote, serve on a jury, or possess a firearm. For non-citizens, a theft-related felony can result in immigration consequences, including deportation or denial of naturalization. Beyond the legal penalties, the personal and financial impact of a felony record can be severe, affecting your reputation, relationships, and future opportunities.
How Are These Crimes Investigated and Prosecuted?
Retailers and law enforcement are collaborating more closely than ever to combat group thefts. Big chain stores may use security cameras, RFID tracking, and facial recognition to identify suspected thieves. They may also share footage and suspect information with other retailers and police departments.
Once arrested, prosecutors may seek additional evidence, including, but not limited to:
- Cell phone records showing coordination or planning
- Testimony from store personnel or alleged co-defendants
- Possession of anti-theft countermeasures like foil-lined bags
Prosecutors don’t have to prove you stole the items yourself. They just need evidence that you participated in a coordinated plan to steal. That’s why having a South Florida theft defense lawyer is essential if you’re facing organized theft charges.
Can You Be Charged with Grand Theft If You Didn't Steal Anything?
Yes. Under the current statute, even if you didn’t personally take an item, you could still be charged with felony retail theft.
For example, you may be charged if you:
- Drove the getaway car.
- Acted as a lookout while others grabbed merchandise.
- Distracted store employees, even if you walked out empty-handed.
Florida’s law targets the entire group, not just the person caught with stolen property.
What Defenses Can Be Used in Organized Retail Theft Cases?
Being accused of grand theft doesn’t automatically mean you’ll be convicted. An experienced Florida theft defense lawyer will evaluate your case for legal and factual defenses, including:
Lack of Intent
If prosecutors can’t prove you intended to steal, or help others steal, you may have a strong defense. For example, if you entered a store with a group but didn’t know they planned to commit theft, the charges may not stick.
Mistaken Identity
Security footage and witness recollection can be blurry or inconclusive. If police arrested the wrong person based on vague surveillance images or witness testimony, your attorney can challenge the evidence and push for dismissal.
Insufficient Evidence of Coordination
Florida’s law requires some proof that the theft was organized. If you were shopping at the same time as others but didn’t plan or communicate with them, you may not meet the legal definition of organized retail theft.
Unlawful Search or Seizure
If police searched your vehicle or phone without a valid warrant or probable cause, your attorney can file a motion to suppress the evidence.
Your lawyer may also raise other defenses based on your unique case.
What Should You Do If You’re Arrested for Organized Retail Theft in South Florida?
What you do when facing grand theft charges in Fort Lauderdale, Key West, Miami, or another part of South Florida matters. Your first step should be to invoke your right to remain silent. Then, contact a criminal defense attorney immediately.
At the Law Offices of Robert David Malove, we handle serious felony theft cases throughout South Florida and understand how to challenge allegations of organized theft effectively. We will:
- Analyze surveillance footage and digital evidence
- Interview witnesses and co-defendants
- Negotiate with prosecutors to reduce or dismiss charges
- Zealously advocate to protect your rights
Don’t speak to police or store investigators without legal representation. Even a brief statement could be used against you.
How a South Florida Theft Defense Lawyer Can Help
Facing felony theft charges can change your life forever. A conviction could cost you your job, housing, student loans—and even your freedom. But with the right defense strategy, some cases can be reduced, dismissed, or resolved with minimal penalties.
The Law Offices of Robert David Malove understands the high stakes of these cases. We provide aggressive, detailed defense for clients charged with:
- Organized retail theft
- Grand theft
- Conspiracy to commit theft
- Possession of stolen property
- Burglary or looting related to retail stores
Whether you’ve been accused of participating in a “flash mob” theft or arrested in a store parking lot, we’re here to help you protect your record and move forward.
