Have you been arrested for Shoplifting or a Theft-related offense?
Theft and theft-related crimes carry significant consequences. In addition to jail, probation, and potential driver license suspension, a theft conviction or arrest may also limit your ability to find certain types of employment or apply for various professional certifications and licenses. There are many different types of theft offenses in Florida, below are just a few of the most common types of theft.
What is a Theft?
According to Florida law, a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
A) Deprive the other person of a right to the property or a benefit from the property; or
B) Appropriate the property to his or her use or to the use of any person not entitled to the use of the property.
What is Petit Theft?
Petit theft is simply theft of property valued at less than $300. Petit theft is sometimes also referred to as “shoplifting” if it involves the taking of merchandise.
What are the penalties for Petit Theft?
The penalties for theft depend on the value of the stolen goods and the number of prior theft-related offenses. If you are convicted of Petit Theft your driver’s license may be suspended for six (6) months upon a first conviction and for one (1) year for each subsequent conviction. In addition you may face the following penalties:
If the value of the stolen goods is valued at less than $100, the theft is considered a Petit Theft of the Second Degree, punishable by any combination of the following penalties:
- Six (6) months in jail,
- Six (6) months of probation, or
- A fine of up to a $500.
If the value of the stolen goods is valued at $100 or more, but less than $300, or if the person has a previous conviction for a theft offense, the theft is considered a Petit Theft of the First Degree, punishable by any combination of the following penalties:
- One year in jail,
- One year of probation, or
- A fine up to $1,000
What is Grand Theft?
Grand Theft involves the unlawful taking of property worth more than $300 or if the person has been previously convicted of two or more theft offenses.
Grand Theft of the Third Degree is committed if the the property taken:
- Is worth more than $300, but less than $5,000.
- Is a will, codicil, or other testamentary instrument.
- Is a firearm.
- Is a motor vehicle.
What Penalties Will I Face for Grand Theft?
Grand Theft is classified as a Felony. The level of penalty for Grand Theft depends on the Degree of the Felony charged. One of the factors that determines the degree of the charge is the value of the property stolen. As the value of the property increases, the penalties will also be more severe.
What is the Crime of Dealing in Stolen Property?
Dealing in Stolen Property is defined in Section 812.019, Florida Statutes, as follows:
1. Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree.
2. Any person who initiates, organizes, plans, finances, directs, manages or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree
What Penalties Will I Face for Dealing in Stolen Property?
Dealing in stolen property is a second degree felony, punishable by up to fifteen (15) years in prison. However, if the person “initiates, organizes, plans. . . the theft and traffics. . .” then that person is guilty of a first degree felony, punishable by up to 30 years in prison.
Can a theft charge or shoplifting ever be sealed or expunged?
A theft charge may be sealed or expunged assuming you have never been previously convicted of a criminal charge and did not receive an adjudication of guilt on the current theft charge.
How can a theft conviction be used against me in future cases?
A witness that chooses to testify is sometimes subject to impeachment with prior felonies or crimes of dishonesty. This means that your credibility may be attacked should you ever choose to testify in a legal proceeding.
Contact a Theft Crime Defense Attorney
If you have been accused of Shoplifting or a Theft-related offense in the State of Florida and would like to Contact a Naples Theft Attorney, please call 239-775-1004. Consultations are absolutely FREE and completely confidential.
The Law Offices of Verderamo & Nunez are committed to providing legal representation primarily in the fields of criminal law and personal injury law. While our offices are situated in Naples and Ft. Myers, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. The Law Office of Verderamo & Nunez is located at 2662 Airport Pulling Rd S Naples, FL 34112. For more information, call (239) 775-1004.