THEFT OFFENSES
In the State of Florida, a theft is defined as “when a person knowingly obtains or uses, or endeavors to obtain to use, the property of another with intent to either temporarily or permanently:
1. Deprive the other person of a right to the property or a benefit from the property, or
2. Appropriate the property to his or her own use or to the use of any person entitled to the use of the property.
Further, theft cases are distinguished between misdemeanors and felonies based on the value of the items taken and an individual’s prior petit theft record:
Misdemeanor:
1. Petit theft (second degree misdemeanor).
2. Petit theft of $100 or more (first degree misdemeanor)
Felony:
1. Grand theft ($300 or more)
2. Petit theft (2 prior theft convictions)
When the State charges an individual with a misdemeanor petit theft, they must prove that the person stole some property and that it had some value. The State must also prove that the value was over $100 if they wish to seek to gain the sentencing enhancements of a first-degree misdemeanor. Additionally, there is a possible 6 month driving license suspension for each theft conviction.
In order to prove a grand theft, the State must prove beyond a reasonable doubt that the value of the stolen property was valued above $300 at the time of the taking. The State is usually unable to establish the value of the items stolen from the victim beyond mere estimates, resulting in charges being reduced from a felony to a misdemeanor charge. For example, a victim who had their bicycle stolen might not remember the exact value of the bicycle at the time of the taking because they purchased the item years ago. In that case, the State would not be able to establish the value over $300 and would have to offer a client a plea to the lesser included offense of petit theft.
If charged with any theft case, possible punishments include fines, lengthy jail or prison sentences, being placed on a term of probation, requiring completion of an Impulse Control Class, requiring completion of community service hours, and other conditions.
As a former prosecutor, Mr. Patel has handled thousands of theft cases and knows they are not to be taken lightly. He understands how to fight theft charges and provide the best resolution for his clients. If you have been charged with a theft charge, contact the Law Office of Bhavik Patel and put his experience to work for you.