I’m Shawn Lupella, and for more than twenty years I’ve defended people arrested across Okaloosa County, including plenty of shoplifting cases at the stores and outlets in Destin. When someone calls me right after an arrest, the question I hear first is almost always the same. Am I going to jail? If you’re facing petit theft in Destin, Florida right now, you deserve a clear answer instead of guesswork, so let me walk you through how these cases play out in Okaloosa County courts.
A shoplifting charge can happen fast. A necklace slipped into a bag at Destin Commons, a shirt tag left on by mistake, a college student on spring break who panics and walks out of a store without paying. None of these situations feel like a crime in the moment, but Florida treats them seriously, and what happens next depends on details many people don’t think about until it’s too late.
What Counts as Petit Theft Under Florida Law?
Under Florida Statute 812.014, theft becomes a crime the moment you knowingly take or try to take someone else’s property with the intent to keep it or deprive the owner of its use. The law splits theft into two broad categories based on value.
Petit theft covers property worth less than $750. Grand theft starts at $750 and is always charged as a felony. Within petit theft, the value of the item pulls the charge into one of two degrees. Second degree petit theft applies when the item is worth less than $100. First degree petit theft applies when the item is worth $100 or more but less than $750. A prior theft conviction can also push a low value charge up to first degree, even when the item itself was cheap.
Will You Go to Jail for Petit Theft in Destin?
Jail time is possible with a petit theft conviction, but it isn’t automatic. Judges in Okaloosa County weigh several things before deciding a sentence, including whether this is your first arrest, the value of the item, whether the store wants to pursue the case, and whether restitution has already been made. Most first time petit theft cases in Destin don’t end with jail time, especially when the person hires an attorney early and takes the right steps before the first court date. That said, the law gives the court room to impose real jail time, and I’ve seen prosecutors push for it when someone has a prior record or was combative with loss prevention staff.
Here’s what the statute allows at each level of theft charge.
| Charge | Florida Statute | Max Jail Time | Max Fine |
|---|---|---|---|
| Petit Theft, Second Degree | §812.014(2)(e) | 60 days | $500 |
| Petit Theft, First Degree | §812.014(2)(d) | 1 year | $1,000 |
| Grand Theft, Third Degree | §812.014(2)(c) | 5 years | $5,000 |
A second petit theft conviction changes the picture. Florida law allows prosecutors to charge a repeat theft offense as a felony of the third degree, regardless of how little the item was worth. That’s one of the biggest reasons to take even a small shoplifting charge seriously the first time it happens.
Why Destin Retailers Take Shoplifting So Seriously
Destin Commons, Silver Sands Premium Outlets, and the shops along Harborwalk Village see a wave of visitors every spring and summer, and their loss prevention teams know it. Many stores in Okaloosa County run detailed video surveillance and train staff to build a case before they ever call police. Once law enforcement responds, the store usually wants an arrest on record rather than an informal resolution.
Tourists get caught in this just as often as residents. A visitor who has never faced criminal charges before can walk out of a Destin store in handcuffs over an item worth less than fifty dollars, then have to figure out how to handle a Florida court date from out of state. If that describes your situation, our page for out-of-town visitors walks through what happens next when you can’t easily return for hearings.
What Petit Theft Means If You’re Stationed at Eglin AFB or Hurlburt Field
Active duty personnel face consequences that go well beyond the courtroom. A theft charge, even a misdemeanor, can trigger a security clearance review, and depending on your command, it may also lead to action under the UCMJ on top of whatever happens in Okaloosa County court. I’ve represented service members from Eglin Air Force Base and Hurlburt Field who were more worried about their career than the fine, and that worry is fair. How a civilian case gets resolved, whether through dismissal, diversion, or a reduced charge, can matter as much to your service record as it does to your criminal record.
If you’re active duty and facing a theft charge, our military personnel page covers this in more depth, or you can call Lupella & Rehr at (850) 362-6655 before your first court date.
What Happens After a Shoplifting Arrest in Okaloosa County
Most petit theft cases start with either a physical arrest or a notice to appear, depending on the circumstances and whether the store insists on immediate custody. From there you’ll have an arraignment, where you enter a plea, usually within a few weeks of the arrest. This is also the point where a first time offender may qualify for a pretrial diversion program through the Office of the State Attorney for the First Judicial Circuit. Diversion allows you to complete conditions like community service or a theft awareness course in exchange for the state dismissing the charge instead of pursuing a conviction. Not everyone qualifies, and the state decides who gets the offer, but it’s worth discussing with your attorney at the earliest point in the case.
For more on how this works locally, see our post on diversion after an arrest in Fort Walton Beach or Destin.
How an Attorney Can Help You Avoid Jail Time
David Rehr spent years on the other side of these cases as a prosecutor here in Okaloosa County before joining me at Lupella & Rehr, and that experience shapes how we build a defense. We know how the State Attorney’s Office evaluates petit theft cases, what mitigating facts move a prosecutor toward diversion or a reduced charge, and when it makes more sense to fight the case outright, for example when the value of the item was overstated or intent was never there.
Every theft case is different, but the pattern I see most often is this: people who reach out to Lupella & Rehr before their first court date have more options than people who wait. If you or someone you love was arrested for shoplifting in Destin or Fort Walton Beach, call us at (850) 362-6655 to talk through what comes next. For a broader look at how we handle theft cases across Okaloosa and Walton Counties, visit our theft arrests page.
Frequently Asked Questions
Will I go to jail for a first-time petit theft charge in Florida?
Most first-time petit theft cases in Okaloosa County don’t result in jail time, particularly when the item’s value is low, and the person qualifies for pretrial diversion. Judges still have discretion to impose jail under the statute, so the outcome depends on the specific facts of your case and how it’s handled from the start.
Does petit theft show up on a background check?
Yes. A petit theft conviction becomes part of your public criminal record and will appear on most background checks, including those used by employers and landlords. This is one of the main reasons people fight a charge or pursue a program that avoids a formal conviction.
Can a petit theft charge be sealed or expunged in Florida?
In many cases, yes, once the case is resolved. Eligibility depends on how the case ended, whether it was dismissed, resulted in a withhold of adjudication, or led to a conviction. Our expungement FAQ post covers the general requirements in more detail.
A shoplifting arrest in Destin doesn’t have to define what happens next. Lupella & Rehr has spent decades handling petit theft and shoplifting cases across Fort Walton Beach, Destin, and the surrounding counties, and we know how to protect your record and your future. Call us today at (850) 362-6655 for a free consultation, and let’s talk about the best path forward for your case.