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With the holiday shopping season in full swing across Broward County, many retailers are on the lookout for customers engaging in return fraud. Fraudulent merchandise returns, fake receipts, and "returning" stolen items aren't just minor retail crimes. In Fort Lauderdale, Pompano Beach, Hollywood, and throughout Florida, return fraud can be prosecuted as grand theft—a felony offense with severe consequences.
If you're accused of return theft or retail fraud in Broward County, you need our experienced grand theft defense lawyers on your side. At the Law Offices of Robert David Malove, we vigorously represent clients facing grand theft and return fraud charges in Fort Lauderdale, Hollywood, Pompano Beach, and the surrounding communities. Don't let a shopping mistake turn into a criminal record—get the skilled legal guidance you need now.
What Is Considered Return Fraud in Broward County?
Return fraud encompasses a range of deceptive practices designed to exploit store return policies for financial gain. While some people may view these tactics as harmless loopholes, Florida law takes a different stance. Under Florida Statute § 812.014, engaging in fraudulent returns can result in criminal charges, from petit theft to felony grand theft, depending on the value of the merchandise involved.
Common Types of Return Fraud
Under Florida law, you could be charged with committing return fraud in many ways, including the following:
- Price Tag Switching: Swapping price tags or UPC codes to pay less for an item, then returning it at the full price, is theft by deception. Even if the store initially accepts the return, you could face petit theft charges if the fraudulent return amount is under $750, or third-degree felony grand theft charges for amounts over $750. Retailers now use sophisticated inventory tracking systems to detect mismatched UPCs, price discrepancies, and suspicious return patterns.
- Wear-and-Return Schemes: Using merchandise and returning it as "unused" may seem harmless, but it can constitute theft. This includes wearing clothing with tags still attached, using electronics or tools, and returning them as "unopened," or damaging items through use and claiming they "arrived that way." Many retailers now track this type of return and can identify patterns of abuse.
- Receipt Manipulation: Under Florida law, altering or fabricating receipts to enable fraudulent returns is forgery. Whether you're photocopying legitimate receipts, editing receipt details, or using another customer's discarded receipt, these actions can result in criminal charges. Modern retailers have systems to detect altered and counterfeit receipts.
- Digital Receipt Fraud: As retailers move to digital receipts and returns, new forms of fraud have emerged. Screen capturing and editing e-receipts, using stolen loyalty accounts, creating fake confirmation emails, or exploiting self-service return kiosks can all lead to criminal charges under Florida law.
Common Examples of Illegal Merchandise Returns
From buying something with the intention of using and returning it to getting cash for stolen goods, return fraud takes many forms. Some of the most common types of fraudulent returns that can trigger criminal charges include:
- Taking an item from a store and then feeling guilty and returning it
- Returning items purchased with counterfeit money or stolen credit cards
- Using fake receipts to return merchandise for cash
- "Renting" clothes or electronics for one-time use and then returning them
- Returning goods stolen from another store
- Falsely claiming an item was a gift to circumvent return policies
When Does Return Fraud Become Grand Theft in Florida?
In Florida, the severity of retail theft charges depends on the value of the stolen merchandise. Return fraud involving goods worth $750 or more can be charged as grand theft, with enhanced penalties based on the amount in question:
- Third-degree felony. You would be charged with third-degree grand theft if the value of the goods stolen is between $750 and $20,000. You could be sentenced to up to five years in prison and fined $5,000.
- Second-degree felony. If the property is valued at between $20,000 and $100,000, the charge would be second-degree grand theft. The penalties can include a prison sentence of up to 15 years and a fine of up to $10,000.
- First-degree felony. When the property stolen is worth $100,000 or more, the charges are elevated to first-degree grand theft. You could be sentenced to up to 30 years in prison and ordered to pay a $10,000 fine.
How Can You Defend Against Return Fraud Charges in Broward County?
If you're facing return fraud accusations in Fort Lauderdale, Pompano Beach, Hollywood, or anywhere in Broward County, several defense strategies may be available depending on the unique circumstances of your case. Our skilled grand theft lawyers will thoroughly evaluate the evidence and craft a tailored approach to protecting your rights and fighting for the best possible outcome. Here are some ways we may defend you.
Lack of Intent
For a return fraud incident to constitute grand theft, the prosecution must prove that you intended to deprive the merchant of their property or deceive them for financial gain. If you made an honest mistake, didn't realize the returned item was stolen, or lacked the intent to commit fraud, this can form the basis of a strong defense. Our attorneys will work to gather evidence and testimony to demonstrate that you lacked criminal intent.
Insufficient Evidence
The burden of proof in a criminal case rests with the prosecution. They must present evidence that proves your guilt beyond a reasonable doubt. If the evidence against you is weak, circumstantial, or relies heavily on unreliable witness testimony or video footage, our knowledgeable grand theft lawyers can argue that the prosecution has failed to meet its burden of proof. Challenging the sufficiency and credibility of the evidence can lead to reduced charges or even a dismissal of the charges.
Constitutional Violations
Even if you're arrested for return fraud, you still have constitutional rights that must be protected. From unreasonable searches and seizures to coercive interrogation tactics, any violation of your rights could result in key evidence being suppressed. Our attorneys will carefully review the actions of law enforcement and file motions to exclude any evidence obtained through unconstitutional means.
Property Valuation Challenges
The severity of theft charges in Florida depends on the value of the property allegedly stolen. In your case, the prosecution may have overvalued the merchandise in question, leading to more serious charges than warranted. Our lawyers can work with retail experts and investigators to challenge the alleged value and push for reduced charges based on a more accurate assessment.
Plea Bargaining
In certain situations, negotiating a plea deal with the prosecution may be in your best interests. This could involve pleading guilty to a lesser charge, such as petit theft, instead of grand theft, in exchange for a reduced sentence or alternative penalties, including a diversion program, restitution, and community service. Our attorneys will advise you on the pros and cons of accepting a plea bargain and work to negotiate the most favorable terms possible.
Why You Need to Hire Our Experienced Broward County Grand Theft Lawyers for Your Return Fraud Case
Don't let a return fraud allegation steal your freedom. If you're accused of return fraud, fake receipts, or grand theft in Fort Lauderdale, Pompano Beach, Hollywood, or anywhere in Broward County, don't face the charges alone. Turn to the Law Offices of Robert David Malove for powerful defense representation.
As seasoned grand theft attorneys, we have the knowledge and determination to fight for your rights. We'll thoroughly investigate the circumstances, carefully analyze the evidence, and craft a tailored defense strategy for your specific needs. Our dedicated legal team will do everything we can to protect your freedom and help you achieve the best outcome in your criminal case.
