Theft Attorneys in Jacksonville, FL
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 lawyers can investigate the incident and use the facts to build your case. We can tenaciously defend your rights in court.
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.
Theft Crime Classifications & Penalties
Florida classifies theft according to the value of the items involved and the charges range from petty theft to grand theft.
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 case 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.
Legal Help for Theft Charges in FL
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 lawyers at First Coast Criminal Defense can gather evidence and use various defense strategies to seek a positive solution.
If you've been arrested, contact us online or call (904) 474-3115. Our Jacksonville theft lawyers can take your calls 24 hours a day, and they are always free.
