Deerfield Beach Theft Lawyer

Facing a prosecution for theft can be a stressful experience in which you are uncertain what to expect. You may be worried about the repercussions of a theft conviction on your future. As a result, contacting a Deerfield Beach theft Lawyer may be necessary to get legal advice in this situation.

Working with a criminal Attorney may be highly beneficial to you. By mounting all available defenses to the charges, you may have a better chance of avoiding the potential outcomes of a theft conviction on your record.

How Does the Law Define Theft Deerfield Beach?

According to Fla. Stat. § 812.014, individuals commit theft when they intentionally take things that do not belong to them and without proper consent. In committing theft, individuals intend to eliminate the ability of the owner to use or possess the property, use it to benefit themselves, or allow a third party to use it.

Like many states, Florida law bases criminal charges and penalties for theft on the dollar value of the items stolen, as well as the scenario that led to the theft. Although there are many different levels of theft crimes, Misdemeanor, or petit theft, usually involves items valued at less than $750. Likewise, theft of items valued at more than $750 typically constitutes a Felony or grand theft, along with some with items that always qualify as Grand Theft, regardless of their value.

Theft offenses also cover a wide range of crimes, from shoplifting or retail theft to the white-collar crime of embezzlement. As a Deerfield Beach theft Lawyer may explain, some of the most severe types of theft include burglary and robbery. Generally, if a theft offense involves an element of force, violence, or breaking into buildings, then the offense will result in more significant charges with accompanying harsher penalties.

What are the Degrees of Felony Theft Charges?

Theft charges fall within one of three classifications: first, second, and third-degree Felony or Grand Theft. Generally, third-degree Felony theft involves property worth between $750 and $20,000. However, individuals also can face third-degree Felony theft charges for the theft of the following items:

• Wills
• Firearms
• Motor vehicles
• Commercially farmed animals

Second-degree Felony theft charges can result from the theft of items valued at more than $20,000 but less than $100,000. These charges also apply to cargo worth less than $50,000 placed in interstate or intrastate commerce, in some cases, emergency medical equipment worth $300 or more taken from a licensed facility, vehicle, or aircraft, and law enforcement equipment.

Finally, first-degree Felony charges may occur when individuals steal property worth more than $100,000, semitrailers deployed by law enforcement officers, and some cargo worth $50,000 or more placed in interstate or intrastate commerce. First-degree Grand Theft also may occur when individuals use a vehicle to commit Grand Theft and in doing so, either:

• Use the vehicle to assist in the crime and damage the real property of others, or
• Cause damage to real or personal property over $1,000 in the course of committing the crime

Understanding the Penalties for Theft Convictions

Petit or Misdemeanor theft convictions can result in a jail sentence of no greater than one year and a fine of no more than $1,000. Fla. Stat. § 775.082 and Fla. Stat. § 775.083 distinguish petit theft penalties based on whether the items stolen are worth more or less than $100, to a maximum of $750.

On the other hand, Felony theft charges can range from third-degree to first-degree theft. The penalties for these charges are as follows:

• Third-degree theft can result in up to five years in prison and a $5,000 fine
• Second-degree theft can result in up to 15 years in prison and a $10,000 fine
• First-degree theft can result in up to 30 years in prison and a $10,000 fine

The penalties for even petit theft can result in substantial amounts of jail time. As a result, consulting a theft Attorney in Deerfield Beach may be necessary to avoid or reduce the risk of becoming subject to these unwanted sanctions.

Elements of Burglary

Florida law describes burglary as entering a home, building, or means of transportation without permission and with nefarious intent. Burglary can also be committed if the person initially invited remains on the premises to commit a crime after permission is rescinded. Florida divides burglary into three degrees of a felony, first-degree being the most severe with punishment up to life in prison.

What degree you are charged with depends on several factors, including whether you were armed, assaulted someone on the premises, did considerable property damage, were stealing drugs, or committed the burglary during a state of emergency, such as a hurricane, during which large swaths of Florida are evacuated. A defense lawyer skilled in defending burglary charges in the local area could review your charges to mount a suitable defense.

Proving Intent in a Burglary Charge

You might argue after being charged with a burglary that you had no intent to commit a crime after entering premises without permission. Intent is one of the elements of burglary and proving you did not have it could be a valid defense. At trial, Florida Statutes Sec. 810.07 dictates that the Florida courts will accept as prima facie (on its face) evidence that you had intent if you entered the premises stealthily. You should contact a Deerfield Beach criminal defense attorney to help refute any burglary elements that do not apply to your case.

Defenses to Burglary Charges

Along with disproving the intention to commit a crime when entering or remaining on said premises, other defenses to burglary charges include that the prosecutor cannot prove the defendant is the perpetrator or that they had a weapon if charged with a first-degree felony.

Proving the Identity of the Burglary Suspect

In criminal cases, the burden of proof rests with the prosecutor, while the defense offers reasons why the prosecutor is mistaken. If a prosecutor offers eyewitnesses who swear they saw the accused, or surveillance camera footage showing someone acting stealthily, the defense can argue that eyewitnesses are often mistaken, or the camera footage is not clear enough for positive identification.

Proving the Suspect Had a Weapon

When charged with armed burglary, a first-degree felony, the prosecutor must produce the weapon the defendant is accused of using. Sometimes, zealous prosecutors will try charging armed burglary when the accused had burglary tools, such as lockpicks, hammers, and crowbars. Although these could be used to harm another person, a defense attorney is likely to argue under Florida Statutes Sec. 810.06 that possession of burglary tools is a third-degree felony, with punishment much less severe than for a first-degree felony.

How Does the Law Define Robbery?

Robbery is the forceable taking of property from another by using fear or violence, with the intent to keep the property, which is often money or jewelry. Still, it can be any property owned or in the custody of the person from whom it is taken. If the accused used a firearm, deadly weapon, or another weapon, the charge would likely be a first-degree Felony, punishable by up to life in prison. However, if the robbery results in a death, the accused could face Florida’s death penalty. If no deadly weapon was used, the charge is likely to be a second-degree Felony, punishable by up to 15 years in prison. Judges at their discretion can also mete out fines of up to $15,000 for robbery.

Robbery by Sudden Snatching

Under Florida Statutes Sec. 812.131, the accused commits a robbery as defined above, but during the taking, the victim is aware or becomes aware of the taking. The prosecutor need not show any force was used beyond the sudden snatching, or that the victim resisted. If the accused is carrying a firearm or other deadly weapon, the robbery will be charged as a second-degree Felony, with up to a 15-year prison term.

Robbery by Carjacking

Robbery by carjacking fits the definition of robbery, but the object taken from the alleged victim by force is their motor vehicle, according to Florida Statutes Sec. 812.133. Carjacking is a Felony of the first degree, punishable by up to life in prison if the accused is armed, and up to 30 years in prison if unarmed. Your future may rest in the hands of a local attorney knowledgeable about the charge of robbery.

Home Invasion Robbery

Home invasion robbery is defined in Florida Statutes Sec. 812.135. It occurs when a person enters the home of another, intent on committing a robbery of the occupant, and does rob the occupant. Whether armed or not, the charge is a first-degree Felony, with sentencing up to life in prison.

Defenses to Robbery Charges in Deerfield Beach

Our professional legal team will coordinate a defense for that could mitigate what the prosecutor tells the jury. Some defense attorneys may try to utilize the following strategies:

• Forcible taking may not be robbery if the taker has a valid claim to the item
• Bystanders are at the robbery scene, which may not be sufficient proof of participation if bystander did nothing to aid in the robbery
• Lack of evidence if no weapon, fingerprints, or witnesses point to the accused
• The accused has a valid alibi

Call a Deerfield Beach Theft Attorney for Advice

Although you might be tempted to try and explain your actions to police or defend yourself against the allegations, you may inadvertently hurt your case in doing so. Your most effective course of action may be to remain silent and talk to a Deerfield Beach theft Lawyer right away.

Only legal counsel can adequately defend your rights and preserve the defenses that you may be able to use in your case. By getting legal advice, you can consider all your options and choose the defense strategy that is best for you.