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Criminal Defense Lawyer in Orlando, FL

Theft Lawyer in Orlando, FL

Theft might seem like a non-issue, especially thanks to its portrayal in the media. However, even so-called “petty” theft can lead to serious and long-lasting consequences, which is why it’s vital to seek experienced legal counsel as soon as possible. Contact Hanlon Law today to schedule a free consultation. 


What is Theft?


Florida Statute 812.014 describes theft as knowingly obtaining and/or using (or endeavoring to obtain and/or use) another person’s property without that person’s consent. In order to qualify as theft, the crime must have been committed with clear intent to (permanently or temporarily): 


  • Deprive the victim of their right to the property 
  • Deprive the victim of their right to any benefit from said property
  • Appropriate the victim’s property for the perpetrator’s own use
  • Appropriate the victim’s property for the use of any person not entitled to it


A wide number of crimes fall under theft, including burglary, robbery, motor vehicle theft, writing worthless checks, identity theft, shoplifting, fraud, embezzlement, forgery, computer crimes, dealing in stolen property, and money laundering.


Whatever the theft crime, the value of the stolen objects will determine whether it is designated as Petit or Grand, as well as the degree of that designation. The degree and designation will in turn determine the severity of the crime and subsequent consequences. 


Regardless of the legal consequences, theft convictions often come with significant social stigma that can impact personal and professional relationships. They can also affect your current or prospective employment, housing, educational opportunities, and more. 


Petit Theft


Theft is considered petit if the value of the stolen property does not exceed $750. 


Second-degree petit theft occurs when the property in question is valued under $100. Charged as a second-degree misdemeanor, it is punishable by up to 60 days in jail (or up to 6 months of probation), along with a $500 fine.


First-degree petit theft occurs when the property in question is valued between $100 and $750. This is considered a first-degree misdemeanor, punishable by up to 12 months in jail (or up to 12 months of probation), along with a $1,000 fine. 


Felony petit theft occurs when the defendant has been convicted of theft 2 or more times. Felony petit theft is charged as a third-degree felony, punishable by up to 5 years in prison (or up to 5 years of probation), along with a $5,000 fine. 


Grand Theft 


Grand theft charges apply when the value of the stolen property in question exceeds $750.


Third-degree grand theft occurs when the property is valued between $750 and $20,000, and is charged as a third-degree felony, punishable by up to 5 years in prison (or up to 5 years of probation), and up to $5,000 in fines. 


A theft may also be considered third-degree grand theft if the value of the stolen property is less than $750, but the stolen property is:


  • A will, codicil, or other testamentary instrument
  • A firearm
  • A motor vehicle
  • Any commercially farmed animal
  • Any fire extinguisher
  • 2,000 or more individual pieces of citrus fruit
  • Any stop sign
  • A controlled substance above a certain amount
  • Taken from a designated construction site (if that construction site is property identified by posted sign)
  • Taken from a dwelling or enclosed curtilage of a dwelling


Second-degree grand theft occurs when the property in question is valued between $20,000 and $100,000. Considered a second-degree felony, it is punishable by up to 15 years in prison (or up to 15 years of probation) along with a $10,000 fine. 


A theft may also be considered second-degree grand theft if the property in question is:


  • Cargo that has “entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock” (so long as that cargo is valued at less than $50,000)
  • Emergency medical equipment taken from a licensed facility, aircraft, or vehicle (so long as the equipment is valued at $300 or more)
  • Law enforcement equipment taken from an authorized emergency vehicle (so long as that equipment is valued at $300 or more)


First-degree grand theft occurs when the stolen property in question is valued at $100,000 or more. This is charged as a first-degree felony, punishable by up to 30 years in prison (or up to 30 years of probation) and a maximum fine of $10,000. 


A theft may also be considered a first-degree theft if the property in question is:


  • A semitrailer deployed by a law enforcement officer
  • Cargo that has “entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock” (so long as that cargo is valued at $50,000 or more)


Additionally, any grand theft may be considered first-degree grand theft if the offender caused more than $1,000 in damages to any real property of another, or if the offender used a motor vehicle during the crime that caused damage to real property of any amount. 


How to Defend Against Theft Charges


Both petit and grand theft charges hinge on intent. In order to secure a conviction, the prosecution must be able to prove not only that you knowingly and intentionally committed the crime, but that you intended to steal, specifically. 


Aside from lack of intent, other possible defenses include: 


  • Necessity or distress: the defendant believed the theft to be necessary, or committed it under duress
  • Abandonment or renunciation: the defendant willingly abandoned or renounced their theft prior to its completion
  • Mistaken identity: the defendant is not the thief in question
  • Lack of evidence: there is insufficient proof that the defendant committed the crime,
  • False accusations: loss prevention officers, the property owner, a co-defendant, or other related party is lying
  • Missing property: the property in question was not found in the defendant’s possession


Experienced Theft Defense Lawyer in Orlando


Even if none of these defenses are available to you, there are a variety of alternatives that an experienced defense attorney may be able to secure:

 

  • Counseling, community service, or a diversion program in exchange for having the charges dropped
  • Withholding of adjudication in exchange for a “no contest” plea
  • Paying restitution to the victim
  • House arrest or electronic monitoring


With nearly two decades of experience, the team at Hanlon Law is more than equipped to help you explore every possible defense strategy and secure the best possible outcome for your case. Contact us today to schedule a free consultation.

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