Theft Attorney Jacksonville
Understanding Theft Laws in Florida
Under Florida law 812.014, theft is defined as knowingly and unlawfully taking another’s property, using it, or attempting to obtain it with the intent to permanently or temporarily:
- Deprive the person of their rights to the property
- Appropriate the property to their own use
At First Coast Criminal Defense, our Jacksonville theft attorneys can investigate the incident and use the facts to build your defense. We can tenaciously defend your rights in court.
A key element of theft charges involves the concept of "intent." Florida prosecutors must demonstrate not only the act of taking property but also the intention behind it. This distinction can often be the turning point in securing a favorable judgment for the accused, emphasizing the importance of skilled legal defense in interpreting and challenging intent within these cases.
Call our Jacksonville theft attorneys today at (904) 474-3115 for a FREE consultation.
Types of Theft Offenses in Florida
Theft may include a variety of property crimes, such as:
- Conversion: This occurs when someone wrongfully takes or retains possession of another person's property and converts it to their own use. It involves using the property in a manner inconsistent with the owner's rights.
- Misappropriation: Similar to conversion, misappropriation involves the unauthorized or illegal use of someone else's property for one's own benefit. It often occurs in financial contexts, such as embezzlement or fraudulent use of funds.
- Shoplifting: Shoplifting involves stealing goods from a retail store. It can range from concealing items on one's person to altering price tags in order to pay a lower amount.
- Petit Theft: In Florida, petit theft refers to the theft of property valued at less than a certain amount, typically $750 or less. It is classified as a misdemeanor offense.
- Grand Theft: Grand theft involves stealing property valued above a certain threshold, which in Florida is typically $750 or more. It is considered a felony offense and can be further classified into degrees based on the value and nature of the stolen property.
- Larceny: Larceny is a legal term that refers to the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of that property.
- Burglary: Burglary involves unlawfully entering a structure, such as a home or business, with the intent to commit theft or another felony inside. It doesn't necessarily require stealing anything; the act of entering with unlawful intent is sufficient for a burglary charge.
- Armed Robbery: Armed robbery occurs when someone uses a weapon or threatens the use of force to take property from another person or a business. It combines theft with the element of force or intimidation, making it a more serious offense than simple theft.
Each type of theft can carry significantly different legal consequences, impacting sentencing and long-term implications for the accused. Understanding these distinctions is vital for anyone facing charges, as it directly affects the defense strategy and potential outcomes. At First Coast Criminal Defense, our focused approach ensures we provide guidance tailored to the specific theft offense you face, reinforcing the critical nature of a well-informed defense strategy.
Theft Crime Classifications & Penalties
Florida classifies theft according to the value of the items involved, and charges range from petty theft to grand theft. Apart from the value differentiation, theft penalties may also vary based on circumstances such as previous criminal history, the use of force, or if the theft involved sensitive items like firearms or government property. These aggravating factors can enhance charges and lead to stiffer penalties, making it essential for defendants to seek comprehensive legal counsel.
First-Degree Petty Theft
First-degree petit theft involves property with a value between $100 and $299.
The penalties for this crime include:
- One year in jail
- $1,000 in fines
Second-Degree Petty Theft
Second-degree petit theft involves property valued at less than $100.
The penalties for this crime include:
- 60 days in jail
- $500 fine
First-Degree Grand Theft
First-degree grand theft, the most severe classification, involves property valued at $100,000 or more.
The penalties for this crime include:
- 30 years in prison
- Up to $10,000 in fines
Second-Degree Grand Theft
Second-degree grand theft involves property that is valued between $20,000 and $99,999.
The penalties for this crime include:
- 15 years in prison
- Up to $10,000 in fines
Third-Degree Grand Theft
Third-degree grand theft involves property that includes motor vehicles, firearms, fire extinguishers, commercially farmed animals, construction or stop signs, or anhydrous ammonia, and/or property that is valued between $300 and $19,999.
A conviction under this classification results in:
- 5 years in jail
- $5,000 fine
The Jacksonville theft attorneys at First Coast Criminal Defense can work hard to build a solid defense for your situation and represent you in court against a variety of Florida theft charges.
Legal Defenses Against Theft Charges
In Florida, individuals accused of theft can employ various legal defenses to challenge the charges against them. Here are some common defenses:
- Lack of Intent: One of the fundamental elements of theft is intent. If the defendant can demonstrate that they did not intend to permanently deprive the owner of the property or that they mistakenly believed they had permission to take the property, they may have a defense against the theft charge.
- Claim of Right: If the defendant honestly believed they had a legal right to the property they are accused of stealing, this can be a defense against theft charges. For example, if they believed the property belonged to them or that they had a right to take it under certain circumstances, they may be able to argue a claim of right defense.
- Ownership or Consent: If the defendant can show that they owned the property or had permission from the owner to take it, they may have a valid defense against theft charges. This defense is often used in cases where there is a dispute over ownership or where the defendant had permission to borrow or use the property.
- Mistake of Fact: If the defendant can demonstrate that they made an honest mistake about a fact relevant to the theft charge, such as the value of the property or whether they had permission to take it, this may serve as a defense. However, the mistake must have been reasonable under the circumstances.
- Duress or Coercion: If the defendant can show that they were forced or coerced into committing the theft against their will, they may have a defense based on duress or coercion. This defense requires evidence that the defendant faced a genuine threat of harm if they did not commit the theft.
- Entrapment: Entrapment occurs when law enforcement officers induce or persuade an individual to commit a crime that they would not have otherwise committed. If the defendant can demonstrate that they were entrapped into committing the theft, they may have a valid defense.
- Insufficient Evidence: If the prosecution cannot prove beyond a reasonable doubt that the defendant committed the theft, the defendant may be acquitted of the charges. This defense relies on weaknesses in the prosecution's case, such as lack of evidence or unreliable witnesses.
When mounting a defense, it is essential to gather all available evidence and scrutinize the circumstances surrounding the theft accusation. Providing an alibi, showcasing a credible timeline, or highlighting procedural errors in the investigation can be influential. Crafting a defense strategy that considers every angle of the charge is where our dedication at First Coast Criminal Defense truly benefits our clients.
Why Choose Us?
Choosing the proper legal representation can substantially affect the outcome of your theft charge. At First Coast Criminal Defense, we pride ourselves on our client-centered approach and commitment to providing thorough, individualized legal strategies. Our team is available 24/7, ensuring that you have access to legal advice whenever you need it. This commitment reflects our dedication to our clients and is a testament to our reliability and diligence.
What differentiates our firm is our ability to tailor our services to fit the unique aspects of your situation. We understand that every client's circumstances are different, and we work closely with you to develop a legal strategy that fully addresses your needs, respecting your priorities throughout the legal process. This personalized approach empowers you and gives you confidence in facing the charges against you.
Contact Our Theft Lawyer in Jacksonville Today
In order to reach a conviction for a theft charge, the prosecution must prove that the defendant took the property willfully and with the intention to deprive the owner of that property or to use it for his or her own purposes. Our Jacksonville theft attorneys at First Coast Criminal Defense can gather evidence and use various defense strategies to seek a positive resolution.
Receiving legal assistance at the earliest opportunity can significantly impact the outcomes of your case. Our team ensures that your rights are protected from the very first interaction with law enforcement through to the final resolution. This proactive representation not only helps in mitigating immediate charges but also aids in alleviating the stress and uncertainty often associated with criminal proceedings.
FAQ on Theft Crimes
What Are the Most Common Types of Theft Charges in Jacksonville?
In Jacksonville, theft charges can vary widely, but some of the most common include petit theft and shoplifting, given the bustling retail environment. Petit theft involves the unlawful taking of property valued at $750 or less, and it's typically classified as a misdemeanor. Shoplifting is also prevalent, often involving individuals taking goods from stores without paying. More severe charges like grand theft are also seen, involving higher-value items and carrying stiffer penalties. Understanding the specifics of each charge is crucial, as they can influence both legal strategy and potential outcomes.
Can Theft Charges Be Reduced or Dismissed?
Yes, theft charges can potentially be reduced or dismissed, depending on the circumstances of the case. An experienced theft attorney can explore various defense strategies that might result in lesser charges or even dismissal. This can include demonstrating a lack of intent, proving property ownership, or showcasing procedural errors made by law enforcement. Additionally, negotiation skills are crucial, as attorneys can often reach plea agreements that mitigate sentencing. Each case is unique, and having a knowledgeable lawyer to evaluate all options and advocate on your behalf is pivotal in seeking the best possible outcome.
What Should I Do If I Am Accused of Theft?
If accused of theft, it is imperative to remain calm and seek legal counsel immediately. Avoid making statements to law enforcement without an attorney, as anything you say can be used against you. Document any incident details as soon as possible, including potential witnesses or relevant timelines. At First Coast Criminal Defense, our attorneys can provide critical guidance from the outset, helping to safeguard your rights and begin building a strong defense. Immediate legal intervention is crucial in ensuring your interests are protected and improving the chances of a favorable resolution.
If you've been arrested, contact us online or call (904) 474-3115. Our theft attorneys in Jacksonville, FL, can take your calls 24 hours a day, and they are always free.
