The State of Florida, like all states in the US, has specific regulations and penalties concerning theft crimes. Theft, as defined under Florida law, involves knowingly obtaining, using, or trying to obtain or use the property of another with the intention to either temporarily or permanently deprive the owner of the right to the property or benefit from it.
In this report, we will discuss different types of theft crimes under Florida law, the penalties involved, potential defenses that can be used in court, and why hiring an attorney is essential when charged with a theft crime.
Theft Offenses Under Florida Statutes
Petit Theft - According to Florida Statutes §812.014, Petit Theft is a theft of property valued at less than $750. It is classified into two degrees:
- Second-Degree Petit Theft involves property valued at less than $100. It is considered a second-degree misdemeanor with penalties of up to 60 days in jail and a $500 fine.
- First-Degree Petit Theft involves property valued between $100 and $749.99. This is a first-degree misdemeanor and could lead to up to 1 year in jail and a fine up to $1,000.
Grand Theft - Grand theft involves property valued at $750 or more, also outlined under Florida Statutes §812.014. It is further divided into three degrees:
- Third-Degree Grand Theft includes property valued between $750 and $19,999.99. Penalties include up to 5 years in prison and a fine up to $5,000.
- Second-Degree Grand Theft involves property valued between $20,000 and $99,999.99. Penalties can include up to 15 years in prison and a fine up to $10,000.
- First-Degree Grand Theft includes property valued at $100,000 or more. This felony can result in up to 30 years in prison and a fine up to $10,000.
Robbery - As per Florida Statutes §812.13, robbery involves taking money or other property from a person, with the intent to either permanently or temporarily deprive the person or the owner of the money or property, and in the course of the taking there is the use of force, violence, assault, or putting in fear. Penalties can range from a minimum of 15 years in prison and a fine up to $10,000 (robbery without a firearm or deadly weapon) to life imprisonment if a firearm or deadly weapon is involved.
Burglary - Under Florida Statutes §810.02, burglary is entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein. Penalties range from third-degree felony (up to 5 years in prison and up to a $5,000 fine) to a life felony if an assault or battery is committed, or if the offender is armed.
Potential Defenses for Theft Crime Charges in Florida
- Lack of Intent - Arguing that you had no intention to steal, as the act might have been due to a misunderstanding or mistake.
- Claim of Right - If you genuinely believed that the property you took was yours or you had the right to possess it, this defense may be applied.
- Consent - If the owner of the property had given you consent to use or take the property.
- Duress - If you were coerced or threatened into committing the theft.
- Entrapment - When law enforcement induces a person to commit a crime that the person would otherwise have been unlikely to commit.
- Intoxication - If you were involuntarily intoxicated and lacked the capacity to form the intent to steal.
- Insanity - The insanity defense is a complex legal strategy, but it may be applicable if the accused did not understand the nature of their actions.
- Age - If the defendant is a minor, it can significantly impact the judicial approach and potential penalties.
- Abandonment - If it can be shown that the item was abandoned by the original owner.
- Identification - If it can be disputed that the accused is the person who actually committed the theft.
Why You Need an Experienced Florida Criminal Defense Attorney
The complexities involved in theft crimes, ranging from the nature of the charge to the available defenses, necessitate the need for an attorney. An experienced attorney can help in:
- Understanding the charges and possible outcomes
- Preparing a defense strategy
- Negotiating with prosecutors
- Representing you in court
Qualifications to Look for in a Criminal Defense Attorney in Florida
When looking for an attorney, consider the following qualifications:
- Experience - Ensure that your attorney has significant experience in dealing with theft cases.
- Reputation - A good reputation is usually a sign of competence, commitment, and success in previous cases.
- Specialization - The attorney should specialize in criminal law, specifically theft crimes.
- Communication Skills - You need someone who can explain the law to you in understandable terms and keep you informed about your case.
- Strong Negotiation Skills - A good attorney should be able to negotiate effectively with prosecutors.
Understanding Florida's theft laws, the potential penalties, and the role of an attorney in defending such cases is crucial. Being informed about your rights and possible defenses can help you navigate through this challenging time.
Theft crimes in Florida cover a broad spectrum, from petit theft to more severe offenses like grand theft, robbery, and burglary. Understanding the nuances of these crimes, their classifications, and associated penalties is essential for anyone facing such charges. Equally important is knowing the potential defenses available, which can significantly influence the case's outcome.
However, the complexity of these cases underscores the crucial role an experienced attorney plays in navigating the legal labyrinth. A competent, experienced attorney with a specialty in theft-related crimes can mean the difference between a conviction and an acquittal, or a severe penalty and a lesser one.
Always remember, it's not just about knowing the law; it's also about understanding your rights within it. The ability to grasp this intersection is key to dealing effectively with theft charges. Always seek legal advice to ensure the best possible outcome for your case.
While theft crimes in Florida are taken seriously and come with severe penalties, understanding the statutes and their applications can offer routes to potential defenses and lower penalties. Furthermore, finding a qualified attorney can serve as your guiding light in these trying circumstances. Remember, the information provided here should serve as a starting point for understanding Florida's theft crimes. For personalized advice and representation, it's recommended to consult directly with a professional legal professional.
Your Next Step: Call Musca Law, P.A. Today
If you or a loved one are facing a theft crime charge in Florida, don't hesitate—act now. The legal team at Musca Law, P.A., is ready to fight for you. With over 30 convenient locations throughout the state, our experienced attorneys are committed to providing top-notch legal representation.
At Musca Law, we understand that legal emergencies don't abide by business hours. That's why we offer 24/7 availability to ensure you receive legal support when you need it most. Our team is on standby around the clock to help you navigate the complex landscape of theft crimes.
Don't face this challenge alone. Help is just a phone call away. Reach out to us anytime, day or night, at our toll-free number 1-888-484-5057. Your initial consultation is free, and it may make all the difference in your case.
Your freedom, rights, and reputation are at stake—make the right choice and call Musca Law, P.A., today. Let us help you turn the tide and secure the best possible outcome for your case.