Naples Theft Lawyer

Without strong legal representation, a person accused of theft could be subject to exorbitant fines, jail time, and other penalties. In addition to the penalties you may face from the court, there are consequences you may face outside of the legal system due to a criminal theft conviction. People who have a criminal record often have trouble securing good housing or a well-paying job, and their interpersonal relationships may suffer as their reputation is tarnished.

Various theft offenses can be brought against someone who is arrested for stealing. The most frequent charges are petit theft, grand theft, robbery, and burglary. These charges range in severity from second-degree misdemeanors to first-degree felonies. If you have been charged with theft, it may be beneficial to review the distinctions between these offenses and their repercussions.

Penalties of Florida Petit Theft

Second-degree petit theft, often known as petty theft, is the least serious type of crime and comprises taking anything worth $100 or less. Penalties for the offense could include a fine of up to $500 and a sentence of up to 60 days in jail. A misdemeanor of the first degree will be brought against the accused if the stolen property has a value of $100 to $750. If convicted, they might spend up to a year in jail and pay fines totaling $1,000.

Penalties of Florida Grand Theft Degrees

Any theft offense involving notable items valued at less than $20,000 may be prosecuted as a third-degree felony. Example such items include the following:

• A prohibited substance
• A stop sign
• A firearm
• A motor vehicle
• Farm animals

This crime may also include taking something worth between $100 and $300 from someone’s premises. Up to five years in prison and fines up to $5,000 are possible consequences.

If the stolen property had a value of between $20,000 and $100,000, or if it included medical or law enforcement equipment worth $300 or more, the theft might be upgraded to a second-degree grand theft charge. Stolen cargo with an entry value of less than $50,000 into interstate commerce is likewise considered a second-degree crime. If found guilty, the penalty could be up to 15 years in prison and a maximum fine of $10,000.

If someone steals goods worth more than $100,000, a law enforcement semi-trailer, or interstate commerce worth more than $50,000, they may be prosecuted with a felony of the first degree, the most severe theft category in Florida. If a person committed a felony while operating a motor vehicle and caused more than $1,000 in property damage, they could potentially be charged in the first degree, which carries a maximum sentence of 30 years in prison and a $10,000 fine.

Additional Penalties to Repay Theft and Damage

Any person who has been convicted of stealing property, causing property damage, bodily injury to victims, or attempting to commit any of these acts will face further penalties under the supplemental fines law outlined in Florida Statute Title XLVI Chapter 812.032.

In addition to a fine that is often two times the gross value taken or destroyed, the court may also compel these individuals to pay restitution for the cost of the prosecution and the legal investigation.

Criminal theft cases must meet specific requirements to result in a guilty verdict. Based on Florida Statute Title XLVI Chapter 812.014, to convict someone accused of theft, the prosecution must establish beyond a reasonable doubt that the following occurred:

• The defendant knowingly and willingly stole the victim’s property or attempted to do so.
• The defendant intentionally took the victim’s property to deny them ownership of it.
• The defendant intentionally used the property for their own benefit.

If the defendant asserts that they genuinely felt they had the legal right to retain ownership of this property, they may ultimately establish a compelling defense argument. Members of the court may not find the defendant guilty of theft offenses if they are uncertain as to whether or not the defendant was fully aware they did not have the right to retain this item.

While this defense seems simple, proving it requires extensive legal skill and may require the experience of a reliable theft lawyer.