Many people facing a theft charge believe they can do little to nothing to overcome the offense. However, the burden to produce proof is on the prosecution and not the person dealing with accusations of thievery.
To give yourself the best chance of walking away with either a reduction in charges or a possible dismissal, it is imperative to have a competent criminal defense attorney on your side. Our Dr. Phillips theft lawyer could provide you with outstanding representation in your trial.
The classification of theft in Florida encompasses several offenses. Florida Code § 812.014 explains that theft is when an individual deliberately takes or utilizes possessions belonging to another person for a fixed period or forever. The owner is unable to use or benefit from the property. The most common theft crimes that people in Dr. Phillips tend to be charged with are:
Petit theft means the misdemeanor taking of property with a value of no more than $750, like leaving a clothing store with three t-shirts costing $200. This crime falls under petit theft but would also be an offense of misdemeanor shoplifting. Grand theft is the taking of property valued above $750.
A petit theft conviction can come with a mandatory 60 days behind bars, or roughly six months of probation and fees up to $500. Grand theft can come with a person spending anywhere from 1 to 30 years behind bars and costs that could reach $10,000.
Burglary under Florida Code § 810.02 is when a person enters a building or residence and stays with a desire to engage in a crime. This offense is charged as a first-degree felony, and if convicted, a person could get up to 15 years in prison and pay up to $10,000 in fines.
Robbery, on the other hand, is the taking of possessions or finances of another by physical violence, threats, the attempt to cause harm, or making a person feel that they are in danger of harm. Robbery is a second-degree felony in Florida. A robbery conviction comes with similar penalties as burglary.
Under Florida Code § 812.13, a general robbery charge could increase to an aggravated robbery when a person takes the possession or finances of another while using a weapon or the brandishing of such weapon, indicating that harm will occur if such person does not relinquish their possessions.
Like robbery, carjacking has an aggravated felony charge when a weapon is used to take a vehicle belonging to another by force or assault and battery with the firearm. Vehicle theft is considered a crime with implied force by taking the vehicle regardless of whether the person took the car in the owner’s presence.
If there are any allegations of assault or battery, a prosecutor will likely charge a person with these offenses in addition to carjacking—this is typical for all theft crimes. A prosecutor must establish the defendant was aware the items were stolen. For a case analysis and breakdown, persons facing theft charges could contact a Dr. Phillips theft attorney.
Meticulous legal counsel could present viable defenses in favor of someone facing a theft charge. Some common defenses are:
These defenses could result in a person being allowed to complete alternative forms of punishment, such as community service or being sentenced to only probation. A Dr. Phillips lawyer could apply a unique defense for those charged with theft.
Do not settle for the maximum penalties. One of our lawyers could negotiate with the prosecutor and get you a favorable deal or defend you against the charges in court. To discuss retaining one of our Dr. Phillips theft lawyers, call our office as soon as possible.
The Umansky Law Firm Criminal Defense & Injury Attorneys
