propecia usa

Winston Law PA
561-670-9375

Theft Crimes

In Florida, theft is defined as unlawfully obtaining or endeavoring to obtain the property of another with the intent to permanently or temporarily deprive the alleged victim of their property.  The severity of the theft charge is dependent upon the circumstances of the theft including; the value of the property taken, if force was used during the taking, and whether a weapon was used during the taking.  In Florida, theft charges are punishable by jail time, a permanent criminal record, fines and the payment of restitution (for any damages or loss to the property burglarized).

Non-Violent Theft Crimes:

Some theft crimes do not involve violence, only the taking of property.  The severity of non-violent theft crimes depends on the value of the items taken.  Shoplifting is a non-violent theft crime.  The following are non-violent theft crimes:

Petit Theft.  To prove the crime of petit theft, the State must prove, beyond a reasonable doubt, that:

  • the defendant knowingly and unlawfully obtained or endeavored to obtain the property of another,
  • that the defendant did so with the intent to temporarily or permanently deprive the victim of his or her right to the property or benefit from it or appropriate the property for his or her own use.

If the value of the property stolen is less than $300 but more than $100 petit theft is a first degree misdemeanor punishable by up to a year in the county jail.  If the value of the stolen property is less than $100 it is a second degree misdemeanor punishable by up to 60 days in the county jail.

Retail Theft.  To prove the crime of retain theft, the State must prove, beyond a reasonable doubt that:

  • the defendant knowingly took possession of or carried away merchandise, altered or removed a label or price tag from merchandise, transferred merchandise from one container to another, or
  • removed a shopping cart from a merchant’s premises, and
  • the defendant intended to deprive the merchant of possession, use, benefit, or full retail value of the merchandise.

Retail theft is a first degree misdemeanor punishable by up to one year in the county jail.  In Florida, if a defendant has multiple convictions for retail theft, future charges may be charged as a third degree felony.

Grand Theft.   To prove the crime of grand theft, the State must prove, beyond a reasonable doubt, that:

  • the defendant knowingly and unlawfully obtained or endeavored to obtain the property of another,
  • that the defendant did so with the intent to temporarily or permanently deprive the victim of his or her right to the property or benefit from it or appropriate the property for his or her own use.

The property stolen must be valued at $300 or more.  Grand theft is a third degree felony punishable by up to 5 years in prison.  Depending on the type of property stolen and the value ($20,000 or more), grand theft can be a first degree felony punishable by up to 30 years in prison.

Grand Theft (Auto).  To prove the crime of grand theft (auto), the State must prove, beyond a reasonable doubt that:

  • the defendant committed a theft and
  • the property taken was a vehicle.

Grand theft (auto) is a third degree felony punishable by up to 5 years in prison.

False Verification of Ownership to a Pawnbroker.  To prove the crime of false verification of ownership to a pawnbroker, the State must prove, beyond a reasonable doubt, that:

  • the defendant sold or pledged goods to a pawnbroker,
  • at the time, the defendant knowingly gave false verification of ownership of the goods or gave false identification to the pawnbroker, and
  • that the defendant received money from the pawnbroker for the goods.

False verification of ownership to a pawnbroker is a third degree felony punishable by up to 5 years in prison.  Often, false verification charges are connected to alleged burglary charges and can be very serious.

Dealing in Stolen Property.   To prove the crime of dealing in stolen property, the State must prove, beyond a reasonable doubt, that:

  • the defendant sold, transferred, distributed, dispensed or otherwise disposed of property, or
  • bought, received, possessed, obtained control of or use of property
  • with the intent to sell, transfer, distribute, dispense or otherwise dispose of property and
  • the defendant knew or should have known the property was stolen.

Dealing in stolen property is a second degree felony punishable by up to 15 years in prison.

Violent Theft Crimes:

Some theft crimes involve violence during the taking of property.  Violent theft crimes are more serious than theft crimes that occur without violence.  The severity of a violent theft crime depends on the force used and whether a weapon, deadly weapon or firearm was used during the taking.  Violent theft crimes include:

Robbery.  To prove the crime of robbery, the State must prove, beyond a reasonable doubt, that:

  • the defendant took money or property from person or custody of the victim,
  • force, violence, assault, or putting in fear was used in the course of the taking,
  • the property taken was of some value, and
  • the taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property.

Robbery is a second degree felony punishable by up to 15 years in prison.

Robbery by Sudden Snatching.  To prove the crime of robbery by sudden snatching, the State must prove, beyond a reasonable doubt, that:

  • the defendant took money or property from person or custody of the victim,
  • the taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property, and
  • in the course of the taking the victim was or became aware of the taking.

Robbery by sudden snatching is a second degree felony punishable by up to 15 years in prison.

Robbery with a Weapon/Deadly Weapon/Firearm.  To prove the crimes of robbery with a weapon/deadly weapon/firearm, the State must prove, beyond a reasonable doubt, that:

  • a robbery occurred and
  • during the commission of the robbery the defendant used a weapon, deadly weapon or firearm.

Robbery with a weapon is a first degree felony punishable by up to 30 years in prison.  Robbery with a deadly weapon or a firearm is a felony punishable by life (PBL) in prison.

Home Invasion Robbery.  To prove the crime of home invasion robbery, the State must prove, beyond a reasonable doubt, that:

  • the defendant entered into the dwelling of the victim,
  • at the time the defendant entered the dwelling his or her intent was to commit robbery, and
  • while inside the dwelling the defendant did commit the robbery.

Home invasion robbery is a first degree felony punishable by up to 30 years in prison.  If the defendant carries a firearm or other deadly weapon the crime is a felony punishable by life (PBL) in prison.

Carjacking.  To prove the crime of carjacking, the State must prove, beyond a reasonable doubt, that:

  • the defendant took the motor vehicle from the person or custody of the victim,
  • force, violence, assault, or putting in fear was used in the course of the taking, and
  • the taking was with the intent to temporarily or permanently deprive the victim from his or her motor vehicle.

Carjacking is a first degree felony punishable by up to 30 years in prison.  If the defendant carries a firearm or other deadly weapon the crime is a felony punishable by life (PBL) in prison.

If you are arrested or charged with a theft crime, it is important to contact a knowledgeable and skilled criminal defense attorney.  At Winston Law, P.A., we will speak to prosecutors before your case is filed and provide information that may result in the charges being dismissed or lesser charges being filed.  If your case has already been filed, Winston Law, P.A. can explore and develop possible defenses such as misidentification of the defendant by witnesses, faulty police investigation leading to the wrong suspect, and more.

If you or a loved one have been arrested or charged with a theft crime, please contact Winston Law, P.A. at (561) 670-9375 or susan@winstonlawpa.com for your free consultation.

winston law