Felony Theft in West Palm Beach

There are three different levels of felony theft in West Palm Beach. They are classified based on the value of the property in question. Property valued at $300 to $20,000 is considered a third-degree felony, $20,000 to $100,000 is a second-degree felony, and over $100,000 is a first-degree felony.

To best understand the varying degrees of felony theft in West Palm Beach, it is imperative to consult with an experienced lawyer immediately. A West Palm Beach theft attorney can help explain this area of the law as well as defend against any theft charge you may be facing.

Levels of Theft

The first level of felony theft in West Palm Beach involves the taking of a property worth more than $300. That is classified as a third-degree felony punishable by up to five years in prison. This classification involves property valued at between $300 and $20,000.

If the value of the property that was taken is more than $20,000 and up to or below $100,000, that will be classified as a second-degree felony punishable by up to 15 years in prison.

If the amount of property that was alleged to have been taken is over $100,000, that will be a first-degree felony punishable by up to 25 years in prison.

Felony vs. Misdemeanor Charges

Felony theft in West Palm Beach is defined as the taking of the property of another without their consent. This must be done with the intent to permanently or temporarily deprive the person of the use or benefit of that property.

Felonies are serious crimes, and misdemeanors, by definition, are minor crimes. The difference between felony theft and misdemeanor theft revolves around the value of the property that was taken. A felony theft would be the taking of a property valued at at least $300, and a misdemeanor theft would be the taking of a property valued under $300.

Potential Penalties

Penalties for felony theft in West Palm Beach can include the label of a convicted felon. These individuals can be sentenced to time in prison, serve jail probation, community service fines, or any combination thereof.

Being a convicted felon means an individual loses the right to vote, and the right to travel. An individual loses a lot of civil rights when convicted, whether it is a theft conviction or not, so the penalties are much more severe than a misdemeanor. Therefore, a felony theft is much more severe than a misdemeanor theft.

With a felony theft in West Palm Beach, a convicted individual is looking at anywhere from between five and 25 years in prison. For a misdemeanor theft, the maximum penalty would be somewhere between 60 days to a year in jail, depending on the type of theft, or if there are any prior convictions.

Aggravating Factors for a Misdemeanor Theft Charge

• If an individual commits three petit thefts, three misdemeanor thefts, they already have two priors, and they pick up another misdemeanor, even if it is a $5 item, it can become a felony
• If an individual is charged with misdemeanor theft and, during the course of the investigation or prosecution, it is found that the individual has two or more prior convictions for a misdemeanor theft, it is possible that the last or latest misdemeanor theft charge can be aggravated to a felony based upon their prior record
• Another way that theft can be elevated or aggravated to a felony charge is if it is discovered that the value of the property that was taken was not what the police say it was but was actually more, especially if it was more than $300
• If in the course of being prosecuted for a misdemeanor, and in the prosecutor’s investigation of the case or in an interview with further witnesses it is discovered that there was further theft involved, an individual can face felony charges
• If it is a situation where a person is initially charged with a misdemeanor, but then subsequent investigation discovers that the conduct was actually much broader and much deeper than what was initially considered , the charge would then be filed to aggravated to a felony based upon further investigation for further theft

Collecting Evidence

Another one of the other first steps a lawyer should take is to find out what the facts and circumstances are about the case. Evidence can be gathered through reports, statements, and any digital or forensic evidence there may be. Following the collection of evidence, an attorney can  then explain it to the accused, tell the accused what the available defenses are, and ask them what they have to say , in the veil of confidentiality.

Under this veil, no one can discuss what is being said between the lawyer and their client, which means that the accused can discuss the aggravated felony theft charges in West Palm Beach that they face, and how they feel about the charges.

While an attorney’s approach may change based on whether the accused admits they are guilty or not guilty, a lawyer will still be tasked with the same role of investigating the case, finding out all the facts and circumstances by reading all the reports and all the statements, gathering any digital or forensic evidence,  thoroughly examining it, and then presenting the claim. After doing all of this, the lawyer can start discussing legal options with the accused.

Role of an Attorney

Obviously, not everyone who commits a theft, whether it is a felony or a misdemeanor, goes to jail. It is the defense lawyer’s job to get the client exonerated. If they cannot get the client exonerated, then they are tasked with getting the charges or sentence down as low as possible. To best defend against such a charge, an individual should not hesitate to contact an attorney.