Tampa Theft Crime Attorney

What Is a Theft Crime?

Theft occurs when a person steals another person’s property without their knowledge or permission. Theft crimes tend to range in severity, from non-violent misdemeanor offenses to serious and/or violent felony offenses. The type of offense is usually determined by the value of the property and how it was allegedly taken.

For example, if a person allegedly stole property valued at or below $500, they would be charged with a misdemeanor. If they took a certain type of property, property valued above $500, or used violence or force to commit the offense, they would be charged with a felony in Florida. 

Florida Petit Theft Penalties

More "minor" thefts are typically classified as petit thefts. However, just because these charges are called “minor” does not mean that they are not serious. The penalties can still be very severe. Per Florida Statutes, a petit theft of the first degree occurs when the property taken is valued between $100 and $300, or if the defendant has a prior theft conviction on their criminal record. Most instances of shoplifting are charged as petit theft crimes.

This is a first-degree misdemeanor, punishable by:

• Imprisonment not exceeding a year, and;
• A fine not exceeding $1,000.

If the item is valued at less than $100, it is petit theft of the second degree. This is a second-degree misdemeanor, which can be punishable with up to 6 months in jail and a fine that does not exceed $500. Due to these penalties, it is extremely important that you contact our firm as soon as possible for help in protecting your rights against a conviction.

Understanding Grand Theft Charges

When the item taken is particularly valuable, it is generally categorized as grand theft. A defendant may face first-degree grand theft charges, for example, if accused of taking property valued at $100,000 or more or taking shipping cargo valued at $50,000 or more. These charges may also apply to committing a grand theft while using a motor vehicle as an instrument other than as a getaway car or committing a theft that results in damage to real estate or personal property of more than $3,000.

Grand theft is a first-degree felony, punishable by the following:

• Imprisonment not exceeding 30 years, and;
• A fine not exceeding $10,000.

Grand theft of the second degree can be charged if the defendant is accused of taking property valued between $100,000 and $20,000, shipping cargo valued at less than $50,000, or emergency medical equipment valued at more than $300 from a licensed facility. It can also be charged for taking law enforcement equipment from an authorized emergency vehicle, when this equipment is valued at more than $300.

Grand theft of the third degree can be charged when the property taken was valued between $300 and $20,000; was a will, codicil, or testamentary instrument; was a firearm of any kind; a motor vehicle, as in grand theft auto; or a commercially farmed animal. It can also include the theft of fire extinguishers, 2,000 or more pieces of citrus fruit, theft from a construction site, a stop sign, anhydrous ammonia, or certain controlled substances.

Shoplifting/Retail Theft

In addition to the penalties listed for petit theft, a person accused of retail theft could be on the hook for civil penalties too. This could mean being ordered to pay $200 or three times the amount of what was stolen in addition to paying for the alleged victim's attorney fees. This would be in addition to any criminal fines placed on the accused.

If someone is accused of using or even just trying to implement an anti-shoplifting device in a retail store, they could be charged with a felony of the third degree (up to 5 years in prison and a $5,000 fine).

Dealing in Stolen Property

This theft offense can be charged as a felony of the second degree, which could mean a 15-year prison sentence and $10,000 fine. If the alleged offense involved being the one to initiate, plan, support, manage, and/or oversee the commission of the theft and trafficking of property, then the charge could be a felony of the first degree (up to 30 years in prison).

Carjacking

Under Florida Statute 812.33, carjacking is a felony of the first degree. If a deadly weapon was not used during the carjacking, then sentencing could still mean up to 30 years in prison and being fined $10,000. If a deadly weapon, such as a firearm, was involved, a conviction could lead to a life sentence in prison.

Defending Theft Crime Charges in Tampa

Even complex theft crime cases may be won. For example, we could argue that the property was "valueless," that you were a co-owner, that you were acting on good faith that you were the rightful owner, or any other number of defense strategies.

Some possible theft crime defense include:

• Lack of Intent: This may involve proving that there was no criminal intent involved, or perhaps that you believed yourself to be the owner of the property when the theft occurred and that there was, therefore, no intent to steal.
• Entrapment: This can involve showing that you were goaded into committing the theft by an undercover police officer, or that you were unaware that certain items were stolen.
• Overvalued Property: You could get a felony reduced to a misdemeanor by proving that the amount stolen was artificially inflated and is actually below the amount that turns a theft crime into a felony.
• Consent: In certain circumstances, it can be established that you had the owner's consent, or that you were under the reasonable belief that you had the owner's consent to take or possess the property.

These are just a few general strategies for various theft cases. There may be several other approaches to take in your particular case.