Theft can take many forms, and depending on the circumstances, can invite a varying degrees of punishment. Everything from stealing a $1 bag of potato chips at a grocery store through jewelry valued at over $10,000 from a home is a crime.

Theft

Committed Miami Theft Defense Lawyer

What is theft?

In Florida, a person commits theft when he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to property or a benefit from property, or appropriates the property to his or her own use without permission or entitlement.

Petit Theft, Retail Theft, & Shoplifting

Petit theft is theft of property valued at either less than $100 (a second-degree misdemeanor punishable by up to 60 days in jail) or $100 or more, but less than $300 (a first-degree misdemeanor punishable by up to a maximum of 364 days in jail). However, if, no matter the value, the theft occurred in a dwelling or curtilage of same, it is a third-degree felony. The same is true if someone has a certain amount of prior convictions. Commonly, these petit theft crimes occur in stores and are referred to as retail theft or shoplifting.

More often than not, these investigations begin with store employees called loss prevention officers, or LPO. These are paid civilians that dress like regular shoppers but whose sole purpose is to snoop around the store and watch people carefully. Some LPO’s sit in back rooms monitoring the surveillance cameras or CCTV.

Grand Theft

Grand theft is the theft of property valued at $300 or more. This is a felony charge, although the degree of which is dependent on many factors, including value (e.g. $300 – $20,000 is a third-degree felony while $20,000+ – $100,000 is a second-degree felony). Also, sometimes the type of property matters. For example, stealing a firearm, fire extinguisher, or stop sign are all third-degree felonies no matter the value of the property. There are other factors to be taken into consideration as well, and an experienced criminal defense lawyer can help navigate you through the appropriate charges.

Burglary (Not What You Think It Is)

Many people mistakenly believe that burglary is the act of stealing property. While that may be technically true, it’s not entirely accurate. Burglary in Florida is defined as the entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense therein, unless the premises were open to the public at the time or the person was invited in.

The use of the terms “intent to” and “an offense” are important. Intent to means that one only intends to commit an offense, but not actually complete it. An offense means that any criminal offense, not only theft, may qualify. Therefore, a burglar need not be someone breaking into a home and stealing valuables; he or she could also be charged for breaking into your home and intending to steal valuables, but ultimately change his or her mind, or someone who goes into a home and defaces it. With such a wide array of potential acts leading to a charge of burglary, it’s easy to see the value of having an experienced criminal defense attorney handling your case.

Robbery

A robbery is the taking of money or property from another person with intent of either permanently or temporarily depriving that person of it, while using force, violence, assault, or putting him or her in fear. Robbery is ordinarily charged as a second-degree felony, but if, in the course of committing the robbery, a person carried a firearm, weapon, or other deadly weapon, it may be charged as a first-degree felony. This is usually what people refer to as Strong Arm Robbery. These are very serious charges and need to be dealt with as soon as possible.

Additional Services

I handle all varieties of criminal defense, DUI, civil rights and personal injury cases.

1 CRIMINAL DEFENSE

In criminal defense, results matter most. I am able to handle a wide variety of criminal matters successfully, including:

  • Traffic Offenses
  • Juvenile
  • Theft
  • Criminal Records
  • Conspiracy
  • DUI
  • Obstruction of Justice
  • Drug Charges
  • Weapons Charges
  • Fraud & White Collar
  • Violent Crimes
  • Appeals
  • Sex Offenses

2 DUI

I began my career as Miami DUI attorney, and have valuable experience protecting individuals facing a DUI charge.

  • DUI Defense Options
  • DUI Penalties
  • Refusing Breath/Blood/Urine
  • Field Sobriety Exercises
  • Intoxilyzer 8000
  • Back on Track (BOT)
  • Boating Under the Influence

3 DRUG CHARGES

My goal is to get involved as early as possible to do everything I can to help you or your loved one.

  • Cultivating/Manufacturing
  • Possession
  • Paraphernalia
  • Sale/Trafficking
  • FL v. Federal
  • Medical Marijuana in Florida

4 FRAUD & WHITE COLLAR CRIMES

These crimes usually involve a variety of state and federal laws, and they demand the attention to detail I will give them.

  • Accounting Fraud
  • Extortion
  • Bank Fraud
  • Government Fraud
  • Bribery
  • Medicare/Medicaid & Healthcare Fraud
  • Counterfeiting & Forgery
  • Credit Card Fraud
  • Import/Export
  • Embezzlement
  • Breach of Contract
  • Insider Trading
  • Investment Fraud
  • Internet Crimes
  • Mail & Wire Fraud
  • Money Laundering
  • Mortgage Fraud
  • Racketeering

5 CIVIL CASES & CIVIL RIGHTS

Our rights serve as the bedrock of our democratic society. That’s why when those rights are violated, the violators need to be brought to justice.

  • Civil Rights
  • Civil action for deprivation of rights (42 U.S.C. § 1983)
  • Malicious Prosecution
  • Breach of Contract

6 PERSONAL INJURY

The key to success in such cases is not limited to what occured; it is also tied to how you and your lawyer respond.

  • Auto Accidents
  • Negligent Security
  • Slip and Fall
  • Dog Bites
  • Product Liability
  • Medical Malpractice
  • Wrongful death

For help right away, or a free initial consultation, email any time of the day or night, or call 305-938-9939. I answer calls and email 24/7.