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Will I Go to Jail for Theft?
While few people would like to admit it, theft is a fact of life. Theft is one of the most common non-violent crimes in America, behind only drug use and DUI. Every year, around 1 million people are arrested for theft. Many thefts occur because the person accused of stealing feels they had no other choice. In some other cases, the theft is minor, or was the impulsive action of someone who has never committed a crime. Regardless of motive, the results are the same.
Florida’s desire to protect its” tough on crime” reputation means it likes to jail people convicted of theft. Even seemingly “small” theft can result in five years in prison, tens of thousands of dollars in fines, and a criminal record that will follow you the rest of your life.
Depending on what was stolen, an attorney may be able to reduce your charges. Reduced charges on accusations of theft can turn a potential prison sentence into community service, a diversion program, or no penalties at all. That’s why if you were arrested for theft in Florida, it’s vital you contact one of our skilled defense attorneys. A reliable attorney may be all that’s standing between you and a Florida prison.
What are the Penalties for Theft?
Florida has multiple penalties for theft, with the severity of the charges depending on the item’s value. Florida divides theft into two categories: felonies and misdemeanors. Both felony and misdemeanor theft are further divided into sub-categories.
Misdemeanor theft charges include:
- Second Degree Petit Theft (Theft Under $100)
- First Degree Petit Theft (Theft worth Between $100 and $749)
Felony theft charges include:
- Third Degree Grand Larceny (Theft Worth Between $750 and $20,000)
- Second Degree Grand Larceny (Theft Worth Between $20,000 and $100,000)
- First Degree Grand Larceny (Theft Worth over $100,000)
In some instances, charges may be increased regardless of the item’s value. For example, someone previously convicted of petit theft who’s arrested again might be charged with grand larceny as a repeat offender.
Misdemeanor penalties are the least severe. A petty theft conviction is punishable with fines between $500 and $1000 and between two months and one year in jail. Felony theft is taken more seriously and carries potentially harsh penalties. Someone convicted of felony grand larceny faces five to thirty years in prison and fines up to $10,000.
Because grand larceny involves the theft of high-value items, the victims of these crimes are often prominent members of society. To reassure these individuals, the State of Florida is looking out for them, prosecutors and police will usually “throw the book” at thieves to “make an example” of them. This means a poor decision can land you behind bars for a significant portion of your life, if not the rest of your life. That’s why consulting an experienced defense attorney is key if you’ve been arrested for theft. A skilled attorney can reduce or even eliminate your charges.
Can I Get Theft Charges Dropped?
The best way to avoid jail time for theft charges is to have the charges dismissed. In some instances, an experienced defense attorney may be able to get charges dropped on a technicality. For example, the police may have made procedural errors in evidence collection, or they may not have correctly read you your rights.
You may also be able to get the charges dismissed if your attorney can demonstrate a lack of intent. This means that, while you may have physically come into possession of valuables, you did not intend to steal them. Examples of lack of intent include if you picked something up to examine it but forgot to put it back and left the premises with it; if you believed you had permission to come into possession of the item; or if the item ended up in your possession but you did not knowingly take or accept it.
A lack of evidence is another potential ground for dismissal. If the police arrested you for theft but lack sufficient evidence to prove your guilt beyond a reasonable doubt, an attorney may be able to get charges dropped.
Especially if you have no or few prior convictions, a skilled attorney may be able to get charges dismissed. However, if you have previous convictions or there is suitable evidence against you, an attorney may advise you that requesting a reduction in charges is your best route.
Can I Get Theft Charges Reduced?
In many instances, it is not possible to have charges thrown out entirely. For example, it may be challenging to have charges dismissed if you have been convicted of theft in the past. However, reducing charges is a way to ensure your penalties are not as harsh and do not have as long-lasting an impact on your life.
A plea deal is an effective strategy for reducing charges. In a plea deal, your lawyer agrees with the state that they will reduce the charges in exchange for you agreeing to accept punishment for them. This may take the form of a guilty or “no contest” plea. Plea deals save the state the time and expense of a trial, so many prosecutors are eager to accept them. Depending on your charges, a plea deal may result in community service, minor fines, or participation in an anti-crime diversion program.
In other instances, participation in a diversion program may be enough in and of itself to reduce charges. There are some instances where you may qualify to participate in a diversion program rather than face penalties. An attorney can review your case and determine if you are eligible for one of these programs.
Another strategy is to have an appraiser determine the actual value of what was stolen. In some instances, the prosecutor may have over-valued stolen property either out of genuine ignorance or in an effort to increase the charges against you. A defense attorney can bring in an appraiser to demonstrate that the value was not as high as the state claims. Because charges are tied to the value of the theft, proving that stolen property was worth less than the state claims may be a way to have charges reduced.
These are only a few potential strategies. One of our skilled defense attorneys can review your case and determine the best course of action.
What Should I Do if I’m Arrested for Theft in Florida?
Everyone makes mistakes, and everyone encounters moments in their lives when they’re accused of something they didn’t do. In most instances, the consequences of these mistakes and accusations aren’t severe. When it comes to theft, though, it could mean the end of your life as you know it. That’s why the attorneys at The Defense Group are here to help.
Our mission is in our name: we’ve been defending Floridians for years, and pride ourselves on our proven track record and dedication to our clients. If you or your loved one have been accused of theft, we’ll review every aspect of the case and craft a custom defense strategy to either reduce or even eliminate the charges. We don’t consider our job done until our clients are back to being happy, healthy members of society.
Theft charges can bring your life to a halt, but they don’t have to. If you or a loved one has been arrested for assault in Florida, contact one of the attorneys at The Defense Group today at 407-743-8430 to schedule your free case evaluation.
