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What Does the Law Say About Theft in Florida?
The law in Florida under statute 812.014 defines theft as intentionally obtaining or using or attempting to get or use someone else’s property, intending to:
- Deprive the owner by stripping them of their right to the property or its benefits
- Appropriate yourself by taking the property for your use or somebody else’s who doesn’t have a right to the property.
The definition of theft brings out the essence of a specific intent in your behavior, putting the burden to prove your intention on the prosecution. If you’re facing theft charges, don’t take them lightly, as the penalties could dramatically affect you. Consult a skilled criminal defense lawyer in Fort Lauderdale to help you understand your rights and evaluate your options.
What Are the Types and Degrees of Theft?
A theft attorney in Fort Lauderdale says that your charges could vary in intensity depending on the type of theft and circumstances of the case. The law categorizes theft into several degrees, based on specific criteria and penalties, including the value of the stolen property and circumstances of the theft:
Petit Theft
Petit can be a first-degree misdemeanor if it involves property of more than $100 but less than $750. It is a less severe offense than grand theft but can attract severe penalties. If convicted, the court can impose a one-year jail term and a fine of up to $1,000.
The offense can also be categorized as second-degree petit theft or petty theft. If the stolen property is less than $100, this is the lowest theft offense you can be charged with. You risk no more than 60 days in jail and a fine of no more than $500.
If you have previous convictions for petit theft, you risk being charged with a third-degree felony. The potential penalties are up to five years behind bars and a fine of up to $5,000.
Shoplifting Offenses
Shoplifting offenses, also known as retail theft, are common in Florida. Fort Lauderdale theft lawyer says you can face misdemeanor or felony charges for shoplifting, depending on the value of the property involved:
- Retail theft of below $100: Potential penalties are the same as those of second-degree petit theft.
- Retail theft of between $100 and $750: Potential penalties are similar to those of a first-degree misdemeanor petit theft
- Retail theft of more than $750: This is a third-degree felony that attracts a prison sentence of not more than five years or a maximum fine of $5,000.
Grand Theft
Grand theft is the illegal taking of items worth $750 or more and can be classified as follows:
- Third-degree grand theft: The value of the stolen property ranges from $750 to $20,000. However, theft of emergency medical equipment, regardless of the value, falls under this theft category. Potential legal consequences include up to five years in prison and fines of up to $5,000.
- Second-degree grand theft: The property involved is worth between $20,000 and $100,000 or specific cargo worth less than $50,000. A conviction can have you imprisoned for up to 15 years and probation for the same period. You could also face fines of up to $10,000.
- First-degree grand theft: It is the most severe category of grand theft and involves property worth $100,000 or more, cargo worth more than $50,000, theft of a semi-trailer used by law enforcement, significant property damage, or use of a motor vehicle that damages someone’s property. The penalties include 30 years in jail and up to $10,000 in fines.
The stiff penalties indicate the severity of theft charges in Florida and the importance of having a robust defense plan to fight for your rights. An experienced theft lawyer in Fort Lauderdale can work with you and help you evaluate your options.
What Are My Rights and Legal Options When Facing Theft Charges?
The law protects your rights when facing theft charges by allowing you to defend yourself against the accusations. You can leverage the following legal strategies to impact the case outcome significantly. Depending on how well you defend yourself, the charges can be dropped or penalties reduced:
Lack of Intent
You can water down the prosecution’s claims by arguing that you lacked intent to steal the property. For example, you believed you had joint ownership or the right to take the property. Alternatively, it could be that you had the owner’s consent to use the item, suggesting a lack of intent to steal.
Mistaken Identity
Mistaken identity can be a defense against theft charges if you were merely present at the crime scene but didn’t participate in committing it. This defense can also solidify the lack of intent if you were present but didn’t aid the theft.
Another example of mistaken identity could be if you genuinely believed you had the right to take an authorized emergency vehicle or one you didn’t know had been stolen. Your argument of mistaken identity aims to demonstrate a lack of intent to commit the crime.
Depending on the charges and case specifics, other defenses could be available to you. In every case, it’s crucial to have an aggressive criminal defense lawyer to hold the prosecutor to their burden of proof.
A Skilled Theft Lawyer Helping You Understand Your Legal Rights and Options
Facing theft charges in Florida can be daunting, given that the penalties can alter your life, depending on the case specifics. Consider hiring a skilled Fort Lauderdale theft attorney to help you build a strong defense strategy to beat the charges.
We have a knowledgeable theft lawyer at the George Reres Law Firm who can evaluate your case and advise on your legal options. A lot is at stake, with a conviction putting you at risk of being locked out of a job, education, and housing opportunities. Let us help you fight theft charges to protect your rights and future. Call us at 954-543-1186 to schedule a FREE case assessment.
