Theft

Theft Crime Lawyer in Fort Myers

How Serious are Theft Charges in Florida?

With a high concentration of businesses, billionaires, and up-and-coming entrepreneurs, Florida is a wealthy state. To keep commerce flowing and the economy afloat, it is in the government’s best interest to keep people with money happy. That involves taking theft crimes seriously. In recent years, state and federal authorities have begun cracking down on those accused of theft. This includes individuals at the highest levels of Florida government and academics. As a result, it may be far easier to get arrested on theft charges than you might think.

Trying to navigate a criminal case, especially if you have never been accused of a crime before, can be daunting. One of the most stressful aspects of facing any criminal case is the fear of the unknown. For many people dealing with a theft charge, the unknown of what might happen to them at the end of their criminal case can be intimidating. The importance of seeking legal help to fight against your theft charge cannot be stressed enough.

Far too often, people dealing with a misdemeanor or felony theft charge do not get the right help for their case, and they end up suffering the consequences. A criminal defense attorney in Fort Myers can reassure you of your rights and can fight to have your charges reduced or dropped altogether. If you have been charged with a theft crime, contact our firm’s experienced and compassionate defense attorney.

How Florida Law Defines Theft

Under Florida law, theft occurs when a person knowingly obtains or uses the property of another with the intent to temporarily or permanently deprive that person of their property. Florida’s primary theft statute is Section 812.014 of the Florida Statutes, which governs how charges are classified and prosecuted based on the value of the property involved.

Because theft charges range from minor misdemeanors to serious felonies, the stakes of any theft case depend heavily on the circumstances. Understanding exactly what charge you are facing is the first step toward building a strong defense.

What Types of Theft Crimes Can a Theft Crime Attorney Represent?

Accusations of theft can be difficult to overcome once you have been arrested and charged. Placing your focus on getting the proper representation for your case can help you immensely as your case progresses through the system. Potential theft charges include, but are not necessarily limited to:

  • Shoplifting or Retail Theft
  • Resisting a Merchant’s Efforts to Recover Stolen Property
  • Misdemeanor Petty Theft
  • Grand Theft
  • Grand Theft of a Vehicle
  • Failure to Return Rented or Leased Property
  • Theft of Services
  • Larceny
  • Robbery by Sudden Snatching

Depending on the value of the property you have been charged with stealing, you may be looking at either misdemeanor or felony theft charges. Depending on the charges, you could be facing anything from fines and community service to years behind bars.

What Is Petty Theft in Florida?

Petty theft — also called petit theft — refers to the theft of property or money valued at less than $750. It is the most commonly charged theft offense in Florida and one that many people underestimate because it carries a misdemeanor label. Even so, a petty theft conviction creates a permanent criminal record that employers, landlords, and licensing boards can see. If you have been charged with petty theft in Fort Myers or the surrounding Lee County area, working with an experienced petty theft attorney can help you avoid a conviction that follows you far longer than the sentence itself.

What Is the Difference Between Petty Theft and Grand Theft?

The dividing line under Florida law is $750. Theft of property worth less than $750 is classified as petty theft and charged as a misdemeanor. Theft of property worth $750 or more is classified as grand theft and charged as a felony. The Florida Legislature’s official statute summary outlines each threshold and the corresponding degree of charge. The distinction matters enormously because a felony grand theft conviction carries consequences that affect your civil rights, employment eligibility, and housing options for years after you have served your sentence.

What Happens If I’m Convicted of a Theft Crime?

Penalties for theft crimes vary greatly depending on the value of the property that you are being charged with stealing. There are two broad categories of theft: misdemeanor petit theft and felony grand theft. These categories are further subdivided according to the value of the items in question.

Misdemeanor Petty Theft Penalties in Florida

Misdemeanor theft covers items or money worth less than $750 and is divided between first and second-degree petit theft.

Second-degree petit theft covers any item or money worth less than $100 and is punishable by up to 60 days in jail and a $500 fine.

First-degree petit theft covers stolen goods worth more than $100 but less than $750 and carries a potential sentence of up to one year in jail and a $1,000 fine.

A second petty theft conviction, regardless of value, can be elevated to a first-degree misdemeanor. A third conviction can result in a felony charge. This escalating structure is one reason even a first-time petty theft charge is worth defending aggressively.

Felony Grand Theft Penalties in Florida

Theft of items or money worth over $750 is a felony, also called grand theft. Like petit theft, grand theft is divided into multiple felony categories.

Third-degree grand theft covers items or money worth more than $750 but less than $20,000 and is punishable by up to five years in prison and a $5,000 fine. In many instances, the theft of a car — also called grand theft auto — is considered third-degree grand theft.

Second-degree grand theft covers theft of an item or money worth between $20,000 and $100,000 and is punishable by up to 15 years in prison and a $10,000 fine.

First-degree grand theft covers theft over $100,000 and is punishable by up to 30 years in prison and a $10,000 fine.

These are only a few of the potential penalties you might face if arrested and convicted of theft. In addition, you may face other charges directly or indirectly related to the crime. Trespassing, using false identification, and weapons charges are all commonly charged in conjunction with theft. That is why if you or a loved one has been arrested in Fort Myers, contacting our experienced defense attorney is critical.

What Are Common Defenses Against Theft Charges in Florida?

Every case is different, but theft charges are defensible. A skilled Fort Myers theft attorney will examine the specific facts of your situation to identify the strongest arguments available. Common defenses include:

  • Lack of Intent: Florida theft law requires that the accused intended to deprive the owner of the property. If you genuinely believed the property was yours, or you had permission to take it, that intent element may be challenged.
  • Insufficient Evidence: Prosecutors carry the burden of proving each element of a theft charge beyond a reasonable doubt. Surveillance footage, witness testimony, and chain-of-custody issues can all create reasonable doubt.
  • Mistaken Identity: Particularly in shoplifting and retail theft situations, misidentification by store employees or security personnel is not uncommon.
  • Unlawful Search or Stop: If law enforcement obtained evidence against you through an unlawful stop, search, or seizure, that evidence may be suppressed under the Fourth Amendment to the U.S. Constitution and Article I, Section 12 of the Florida Constitution.
  • Entrapment: In cases involving undercover operations or sting investigations, entrapment may be a viable defense if law enforcement induced you to commit an act you would not have otherwise committed.

An experienced theft attorney will not simply accept the prosecution’s framing of events. They will investigate the circumstances surrounding your arrest and build a defense strategy based on the actual facts of your case.

What Are Other Potential Consequences of a Theft Conviction?

Theft convictions can create unique complications. In many instances, people believe they have done their time and can move on with their lives after getting out of prison. In the case of theft convictions, this is not necessarily true.

Impact on Employment After a Theft Conviction

Most workplaces involve the handling of valuable goods or even cash. Under Florida law, employers are permitted to consider your criminal history when deciding whether or not to hire you. If an employer believes your criminal history may impact your ability to perform your job safely, it can affect your employment. Many employers are reluctant to hire people convicted of theft. They may worry these employees would not be trustworthy around cash registers, safes, money bags, or valuable merchandise. This stigma can make it challenging to find desirable employment. Florida’s Civil Rights Act does not prohibit employers from considering conviction history in most circumstances, leaving those with theft records at a serious disadvantage.

Effect on Personal Relationships and Reputation

The stigma of a theft conviction can also impact your personal relationships. Many people believe once a thief, always a thief, and may stigmatize theft as something a person does compulsively. People may worry about having you around their homes or places of business for fear you will steal from them or potentially endanger their employment.

Loss of Civil Rights After a Felony Theft Conviction

Felony theft convictions carry consequences beyond the courtroom. Under Florida and federal law, a felony conviction can affect your right to vote, your right to own or possess a firearm, your ability to serve on a jury, and your eligibility for certain professional licenses. The Florida Commission on Offender Review oversees the restoration of civil rights for those with felony convictions, but restoration is not automatic and can take years. If you are a single parent with a custody agreement, a felony conviction may also affect the terms under which you can visit your children.

What Can a Theft Lawyer Do for My Case?

Many people attempt to place their faith in the system. They may believe that police, prosecutors, and judges will simply review the facts of their case and either drop the charges entirely or let them off with a light sentence. This is a significant mistake.

Florida has invested a great deal of time, money, and effort in developing a reputation as a safe place to do business — one that entices corporations and wealthy individuals to relocate here. Part of this involves an aggressive approach to theft crimes. As a result, police and prosecutors may be especially tough on people accused of theft.

That is why an aggressive but compassionate defense attorney is vital in every case. A strong criminal defense begins with a thorough investigation surrounding the circumstances of your case. A criminal defense lawyer in Fort Myers can work to uncover evidence and facts that can work in your favor before your case starts or during your trial. From video evidence to eyewitness accounts, having a legal team on your side throughout your criminal case can help you get the results you deserve. The Florida Rules of Criminal Procedure govern how the state must handle your case, and an experienced attorney knows exactly how to use those procedural rules to your advantage.

Is Hiring a Theft Crime Lawyer Right for Me?

Even if you do not go to prison for a long time, a theft conviction can mean the end of your life as you know it. Being labeled a thief can follow you for the rest of your life and impact your ability to work, find a place to live, and develop and maintain happy relationships. In some instances, a theft conviction can even mean decades in prison. Do not let theft charges stall your life.

If you or a loved one has been arrested for theft, do not hesitate to contact Sherman Defense Firm, P.A. Melissa Sherman brings 15 years of courtroom experience and a fierce dedication to all of her clients. She knows that keeping up with the day-to-day stress of your theft charge can be overbearing. She will take the pressure off of you and put it on the prosecution, utilizing her tested Sherman Defense Technique. She and our legal team do not want to see you become a statistic, and believe in fighting for the rights and freedoms of every client without compromise.

Florida wants to be seen as tough on crime. Do not let them be tough on you. If you or a loved one has been arrested for theft in Fort Myers, protect yourself and call Melissa Sherman today at (239) 284-5708 to schedule a free consultation.