Theft, Fraud & Property Crimes

I got arrested for shoplifting — will I go to jail?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
For a first offense involving a modest amount, usually not — but the charge has consequences well beyond jail.

Possibly, though for a first offense with a low value and no record, jail is generally not the outcome. Diversion, withheld adjudication, community service, restitution, and a theft-awareness class are more typical.

What changes that: prior theft convictions, which escalate penalties; a value at or above the felony threshold; aggregated incidents; or allegations of coordinated activity.

What people underestimate is the record. A theft conviction is treated as a crime of dishonesty, and that classification follows a person into employment, professional licensing, and immigration consequences in ways a comparable non-theft misdemeanor doesn't. For many people that outcome matters far more than any sentence.

There's also a separate civil exposure. Florida law allows a merchant to pursue a civil claim, including a demand letter seeking damages, independently of the criminal case. Those letters are real and they arrive whether or not the charge resolves favorably.

Which is why a resolution avoiding a conviction is worth pursuing even on a small case.

The sentence usually isn't the problem. The record is. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.