Miami Criminal Defense Lawyer

In Florida, a person commits theft if they knowingly obtains or uses, or endeavors to obtain or use, the property of another with the intent to permanently or temporarily deprive the other person of a right to the property or a benefit from the property.

Theft cases can be felonies or misdemeanors depending on the amount taken.

FELONY THEFTS

GRAND THEFT THIRD DEGREE

Means that the value of the property taken was over $300 but less than $20,000.  This is punishable by up to 5 years in prison.

GRAND THEFT SECOND DEGREE

Means that the value of the property taken was between $20,000 and $100,000. This is punishable by up to 15 years in prison. 

GRAND THEFT FIRST DEGREE

Means that the value of the property taken was over $100,000.  This is punishable by up to 30 years in prison.

DEALING IN STOLEN PROPERTY

Any person who traffics in or endeavors to traffic in property that they should have known was stolen commits this crime which happens to be a 2nd degree felony, punishable by up to 15 years in prison.  The value of the property which is at stake here is meaningless.  The State must prove that the defendant knew that the property was stolen.  This is sometimes difficult to prove and the State will be more willing to try to resolve the case before trial.

ELDERLY EXPLOITATION

If a person defrauds someone over the age of 65, the person is almost always charged with this crime, which is a felony.  The degree of the felony will depend of the amount taken. 

FRAUD OR ORGANIZED SCHEME TO DEFRAUD

The fraud based crimes are always felonies as well. They range from writing a series of checks to your typical fraud type crimes.

FELONY THET BY PRIOR ARREST

If the person already has 2 prior thefts of any kind on their record, the third arrest is a 3rd degree felony punishable by up to five years in prison.

MISDEMEANOR THEFTS

These are usually broken down into:

Retail theft

Theft from a store where the value in under $300.

Petit Theft

Any type of theft where the value is under $300.

RESOLUTION

Like in every case, the goal is always to keep the person from being convicted.  In most cases, there are often diversion programs which allow this to happen.  The biggest factors are a person's prior criminal history and the amount of restitution (if any).  Restitution is the main issue in theft cases and if the defendant is able to fully or at least partially compensate the victim, they are in much better shape. 

It is especially important to keep theft cases off a person's record if possible because most employers will not hire people with theft crimes on their record.  If your charges are dropped after completing a diversion program or for some other reason, expunging or sealing your record may apply.


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