Theft Crimes Defense Attorney

Theft encompasses several property crimes in Florida, such as conversion, larceny, robbery, and stealing. Yet, the crux of a theft crime, as defined in Florida Statute § 812.014, is dependent on the accused’s intent of unlawful taking or use of someone else’s property and to deprive the owner of its use, or take the property for personal use when the accused was not entitled to use the property. The value and type of property taken define whether the crime is petty theft or grand theft, along with the type of theft dictating whether it is a misdemeanor or a felony.

If you've been arrest for theft, be it in Gainesville or the surrounding areas, contact criminal defense attorney Adam Stout. What you don't know can negatively impact the outcome of your case. That is why it is important to contact Adam right now.

Importance of Intent

It is important to keep in mind someone can steal something even if he or she has no intention of permanently keeping the item. All that is necessary is the intent to take something. The value of the item then categorizes the seriousness of the crime. These are the dynamics of a theft case. If this is something you're presently dealing with, be productive and contact a criminal defense attorney if you haven't done so by now. You may reach Adam seven days a week by calling the number shown above.

Restitution

If you've been accused of theft there is a good chance the State will seek restitution. This involves money paid toward a victim either in a lump sum or over time. Restitution amounts are dictated by the facts of a case and can be really expensive. Failure to pay restitution can lead an individual to have his or her probation revoked. That's a potential bus ticket to a state correctional facility for an unpleasant period of time.

• Second-Degree Petty Theft: Up to 60 days in jail and up to $500 in fines.

• First-Degree Petty Theft: Up to one year in jail and up to $1,000 in fines.

First-Degree Grand Theft

First-degree grand theft occurs when the property is valued at more than $100,000 or is shipping cargo valued at more than $50,000. It is a first-degree felony per Florida Statute § 812.014(2)(a)1, carrying penalties of up to 30 years in prison, up to 30 years of probation, and fines up to $10,000.

Second-Degree Grand Theft

Second-degree grand theft occurs when the property has a value of more than $20,000 but less than $100,000; is shipping cargo valued at less than $50,000; or is emergency medical equipment valued at more than $300. It is a second-degree felony carrying penalties of up to 15 years in prison, up to 15 years of probation, and fines up to $10,000.

Third-Degree Grand Theft

Third-degree grand theft occurs when the property has a value of more than $300 but less than $20,000; is a will, codicil, or other testamentary instrument; a firearm; or a motor vehicle. As a third-degree felony per Florida Statute § 812.014(c), the penalties are up to 5 years in prison, up to 5 years of probation, and fines up to $5,000.

Shoplifting, or retail theft as defined by Florida Statute § 812.015(1)(d), takes place when a person:

• Knowingly takes possession of or carries unpaid merchandise from the store; or
• Alters or removes a label or price tag on merchandise; or
• Removes merchandise from one container and places in another; or
• Removes a shopping cart from the retailer’s premises.

Shoplifting is often called petty theft and/or larceny. The charges can be either a misdemeanor or felony depending on the value of the stolen property.

Carjacking

A first-degree felony, carjacking occurs when a vehicle is taken by means of force, violence, and/or threats, as outlined in Florida Statute § 812.133. The penalty for carjacking is up to 30 years in prison and fines up to $10,000. If a firearm or deadly weapon is used or possessed during the act of carjacking, the penalty increases to up to life in prison and fines up to $15,000.

Grand Theft Auto

Grand theft auto occurs when a person takes a vehicle with the intent of depriving the rightful owner of its use, regardless of how long the person ultimately has the vehicle. The accused may face first-, second-, or third-degree grand theft auto depending on the value of the stolen vehicle. Regardless of degree, grand theft auto is a felony in Florida.

First-Degree Grand Theft Auto

First-degree grand theft auto occurs when a vehicle is valued at more than $100,000, or more than $1,000 in damage to real- or personal-property happens during the crime. The penalty is up to 30 years in prison, and/or up to $10,000 in fines.

Second-Degree Grand Theft Auto

Second-degree grand theft auto happens when the stolen vehicle has a value between $20,000 and $100,000 or the vehicle is an emergency or law enforcement vehicle. Penalties include up to 15 years in prison and/or up to $10,000 in fines.

Third-Degree Grand Theft Auto

Third-degree grand theft auto occurs when the vehicle is valued between $300 and $20,000. The penalty is up to five years in prison and up to $5,000 in fines.

Felony Identity Theft

The criminal use of personal identification information is a third-degree felony in Florida. However, the degree of the felony can increase if specific factors are met, including:

• Second-Degree Felony: Using personal identifying information to obtain property valued at more than $5,000; using personal identifying information of 10 to 19 individuals under Florida Statute § 817.568(2)(b).
• First-Degree Felony: Using personal identifying information of 20 or more individuals; or the theft resulted in a monetary gain of more than $50,000 under Florida Statute § 817.568(2)(c).

Misdemeanor Identity Theft

Falsely impersonating someone else to obtain property is considered larceny and can be charged with either a misdemeanor or felony, depending on the value of the property. Misdemeanor identity theft, as defined in Florida Statute § 817.568(4), also occurs when another person’s personal identifying information is used to harass someone else. The penalty for misdemeanor identity theft is up to one year in jail and up to $1,000 in fines.