If you have been charged with a theft crime, the first step is to seek qualified legal representation. In fact, the best way to improve your chances of avoiding a conviction, getting theft charges reduced, or getting your theft charge dismissed is to have an experienced Plantation theft lawyer by your side from the very beginning.
An experienced criminal attorney in Plantation will work to obtain the most favorable outcome possible in every case they handle. A knowledgeable Plantation theft lawyer can craft a personalized defense strategy, provide consistent communication about developments in your case, and serve legal counsel you can rely on.
Theft Crimes in Florida
The term theft refers to a broad range of crimes involving the unlawful taking or use of another person’s property. Theft crimes are listed in Florida Statutes, Title XLVI, Chapter 812. Those include, but are not limited to the following:
- Robbery
- Burglary
- Carjacking
- Shoplifting
- Embezzlement
- Larceny
No matter the type of theft, a Plantation theft attorney can build a case to combat the prosection’s allegations.
Under Florida Statute 812.014(1), a person commits theft if they:
- Knowingly obtain, uses, or attempts to obtain or use another person’s property with intent to temporarily or permanently
- Deprives the rightful owner of a right to or benefit from their property or
- Appropriate the property to the use of anyone that is not entitled to the use of such property
In order to convict someone of a theft crime, the state must prove these fundamental elements along with any other elements required for a particular offense.
How Theft Crimes Are Classified
Theft crimes in Florida are classified as either petit theft or grand theft. Petit theft is a misdemeanor offense and grand theft is a felony. Within those categories, theft charges are further distinguished by degree, depending on the value and/or type of stolen property.
It is classified as petit theft (also known as petty theft) if the stolen property is valued at less than $300. The two types of petit theft are:
- First degree – The stolen property is worth less than $300, but more than $100. Punishable by up to one year in jail and no more than a $1,000 fine. Any second offense for Petit Theft will also qualify as a first degree misdemeanor regardless of value
- Second degree – The stolen property is valued at less than $100. This is the lowest-level theft offense, punishable by up to 60 days in jail and a maximum fine of $500
It is classified as grand theft if the stolen property is valued at more than $300. The three categories of grand theft are:
- First degree – The stolen property is valued at $100,000 or more. Punishable by a maximum sentence of thirty years in prison and up to a $10,000 fine
- Second degree – The stolen property is valued at more than $20,000, but less than $100,000. Maximum penalty of fifteen years in prison and no more than a $10,000 fine
- Third degree – The stolen property is worth less than $200,000, but more than $300. Punishable by up to five years in prison and a maximum fine of $5,000
The penalties for theft crimes can be enhanced if certain circumstances apply. For example, if a person has prior theft convictions, uses a motor vehicle as an instrumentality in the commission of the offense, or causes real or personal property damage in excess of $1,000. Such penalties can be argued down by an experienced Plantation theft attorney.
Legal Definition of Burglary
Found in Florida Revised Statutes Chapter 810.02, the state defines burglary as entering a structure, dwelling, or conveyance that is either not open to the public or as an uninvited guest with the intent to commit an offense. Burglary also includes remaining in a specific structure, dwelling, or conveyance after the invitation to be in that location is withdrawn.
Intent plays a major role in this offense. It is important for the State to be able to establish an individual’s intent in establishing that burglary may have occurred. There are a number of other factors that may determine whether burglary charges are appropriate and the severity of those charges, including the amount of property damage caused if any. A knowledgeable theft lawyer in Plantation can help anyone facing these charges understand other important aspects the state must prove to establish burglary charges.
Degrees of Burglary
Florida recognizes three degrees of burglary – all of which are considered felonies:
- 3rd degree Florida burglary felony. This applies when a burglary is committed on a structure which is not a dwelling and is not occupied at the time of the offense. It can result in spending up to five (5) years in prison and paying fines of up to $5,000
- 2nd degree Florida burglary felony. This applies when the person did not have a weapon, nobody was hurt and the property in question was a dwelling, an occupied structure, an authorized emergency vehicle, or a building which contained controlled substances. It can result in spending up to 15 years in prison and paying fines of up to $10,000
- 1st degree Florida burglary felony. This applies when a person is armed or becomes armed during the commission of the offense, commits an assault or battery upon another person, uses a motor vehicle to enter a building, and causes damages of $1,000 or more. It can result in spending life in prison and paying fines of up to $10,000
What are the Consequences of a Burglary Offense?
As with many crimes, the actual consequences may depend on the circumstances surrounding the charge. There may be aggravating or mitigating circumstances that the court may be willing to consider when determining sentencing. For example, in cases where someone is considered a repeat Offender, consequences of an additional offense can be more severe.
Burglary is separated into categories ranging from a third-degree felony to a first-degree felony. The least serious of these charges, third-degree burglary charges, could result in up to five years in jail and/or up to a $5,000 fine. However, more serious first-degree felonies may result in imprisonment for life and/or fines of up to $10,000.
It is important to remember that many factors can compound the potential consequences. Often, burglary charges are related to other charges and those related charges – such as assault – can increase the penalties an individual may face.
Robbery Laws
Robbery is the taking of another person’s property through the use of force or threat. Under Florida Statutes Section 812.13(1), a person commits robbery if they:
- Takes money or other property of value from the person or custody of another
- Uses force, violence, assault, or putting in fear (threat) in the course of the taking
- The taking was with the intent to deprive the person or owner of the property
The phrase “putting in fear” means that the circumstances were such that it would ordinarily induce fear of death or great bodily harm in the mind of a reasonable person.
Under Section 812.13(3)(b) an act of force, violence, assault, or putting in fear is considered “in the course of the taking” if it occurs prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of actions or events.
Forms of Robbery
Robbery is a felony of varying degrees depending on the type of force that was used. Penalties increase if the accused carried some kind of weapon in the course of committing the robbery. An act is “in the course of committing the robbery” if it occurs during an attempt to commit robbery or in flight following the attempt or commission.
In Florida, robbery is one of the most serious charges a person can face. The possible penalties include, but are not limited to:
- Robbery with a firearm – First-degree felony and subject to minimum sentences under the 10/20/Life firearm enhancement law
- Robbery with a deadly weapon – First-degree felony, punishable by up to 30 years in prison and/or $10,000 in fines
- Robbery without a weapon (aka strong-arm robbery) – Second-degree felony, punishable by up to 15 years in prison and/or $10,000 in fines
- Robbery by sudden snatching with deadly weapon or firearm – Second-degree felony
- Robbery by sudden snatching without weapon – Third-degree felony, punishable by up to five years in prison and/or $5,000 in fines
- Carjacking – First-degree felony, punishable by 30 years (without a weapon) or life in prison (with a weapon). 10/20/Life statute applies if a firearm was involved in the commission of the offense
- Home-invasion robbery – First-degree felony. Enhanced penalties apply if the home invasion was carried out with a non-deadly weapon, deadly weapon, or firearm
Robbery by sudden snatching, carjacking, and home-invasion robbery have distinct elements, which are separate and apart from those listed in Section 812.13(1).
Contact a Plantation Theft Attorney
An experienced Plantation theft lawyer can handle both misdemeanor and felony charges. They can immediately begin assisting you with your case by building an effective defense strategy to combat the prosecution. Call now to discuss your case.
