Porch piracy is considered a serious crime in Florida. While these stolen packages can range from inexpensive items to essential goods, any charge related to porch piracy can subject an alleged offender to harsh legal penalties that impact the rest of their life.
An Orlando porch piracy lawyer could help if you have been accused of this offense. Building the strongest possible defense takes time and resources, both of which an experienced theft defense attorney could provide from day one of taking on your case.
Porch piracy is a type of theft offense in Florida. Offenders could be forced to spend significant time behind bars in addition to other serious legal outcomes.
With so many people shopping online these days, the incidence of package theft has increased significantly. As a result, the state attorney’s office is prosecuting alleged offenders more aggressively than ever before.
Recent changes to state law have increased the legal consequences of porch piracy. This has considerably lowered the threshold that the prosecutor has to meet to charge someone with a misdemeanor or felony for engaging in porch piracy.
If you have been arrested by the Orlando Police Department on suspicion of engaging in porch piracy, or have already been charged with this offense, you need to secure legal representation right away. A criminal defense attorney could identify all possible defenses to this crime and help you avoid the consequences of a criminal conviction.
Sometimes, it may be possible to stop the prosecution’s case before charges are ever filed. In other cases, the best approach may be to get the charge reduced or dismissed in court. A case of mistaken identity, lack of intent to steal, or a simple mistake in thinking that the package was yours are just a few possible defenses to a porch piracy charge.
If you had the owner’s consent to take the package, demonstrating that fact would prevent the prosecution from reaching its burden of proof to convict on a porch piracy charge. If the package owner’s security camera caught footage of the offender, it may be possible to build a defense around the concept that the offender simply looked like you and the picture is too obscured to prove otherwise.
Sometimes, the right defense will hinge upon an error made by law enforcement during the investigation or arrest process. For example, if the police illegally searched you prior to the arrest, this could get certain evidence or even the entire case thrown out.
Porch piracy can result in misdemeanor or felony charges, depending on the value of the goods allegedly stolen, any prior criminal record, and other factors. If the package theft involved items valued even below $40, that is still a first-degree misdemeanor.
Before recent changes to Florida law, a theft act involving items of such relatively minor value would have been a petty offense and not risen to the level of a misdemeanor. Now, as a first-degree misdemeanor, if you are convicted of porch piracy involving goods less than $40 you could face up to 12 months incarceration. Plus, you could also have to pay financial penalties upwards of $1,000.
If you have a prior theft conviction or the goods are valued at or above $40, porch piracy would see you charged with a third-degree felony. A third-degree felony carries multiple possible punishments, including up to five years in jail, plus a $5,000 financial penalty.
An Orlando attorney can help you better understand your specific porch piracy charge. No case is the same, and an attorney could leverage the most potent defense strategies for your circumstances.
A simple misunderstanding or instance of mistaken identity could see you face theft charges for stealing a package that was delivered to someone else. An Orlando porch piracy lawyer can comb through every aspect of the prosecution’s case to identify weaknesses or inconsistencies that could mitigate or even eliminate your charge.
We work tirelessly to disrupt the prosecutor’s ability to achieve their burden of proof. In some situations, if it is in your best interest, an attorney could negotiate a favorable plea deal. The right approach to defend you against a porch piracy charge will hinge on the unique facts of the alleged offense.
Contact our office today to receive your free and confidential legal consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys