Clearwater Criminal Attorneys Describe How to Avoid Jail Time for Theft Charges

Theft Charges Got You Down? Clearwater Criminal Attorneys Share Tips to Dodge Jail Time

Getting arrested is scary. Being charged with theft? Even scarier. But take a deep breath. With the right defense strategy, you can avoid jail time for theft charges in Clearwater, Florida. This article will explain common theft crimes, penalties, and legal defenses so you can hopefully breathe easier.

What is Theft Under Florida Law?

Florida gets pretty broad with “theft.” Basically, they say you commit theft if you knowingly obtain or use someone else’s property with intent to temporarily or permanently deprive them of it. Common theft charges include:

  • Shoplifting – nabbing merchandise from a store without paying
  • Employee theft – snatching cash, equipment, data, or inventory from your workplace
  • Pickpocketing – slyly stealing wallets, phones, purses from someone’s pocket or bag
  • “Finding” lost or misdelivered property and keeping it for yourself
  • Grabbing unattended items left in public places – “theft by finding”
  • Swiping mail from someone’s mailbox
  • Taking supplies or equipment from a school or office for personal use
  • Receiving stolen property – buying, accepting or selling items you know are stolen
  • “Dumpster diving” by trespassing and taking discarded property
  • Changing prices or using coupons fraudulently at a store
  • Failing to return excess change mistakenly given by a cashier
  • “Dine and dash” – eating at a restaurant and leaving without paying

As you can see, many everyday behaviors could potentially count as theft under Florida law.

How Can Theft Charges Impact You?

The penalties you face for theft depend on the value of the stolen property. In Florida, theft is:

  • Petit theft for stolen property less than $750 – 1st degree misdemeanor
  • Petit theft with prior theft conviction – 1st degree misdemeanor
  • Grand theft of the 3rd degree for stolen property between $750-$5,000 – 3rd degree felony
  • Grand theft of the 2nd degree for stolen property between $5,000-$10,000 – 2nd degree felony
  • Grand theft of the 1st degree for stolen property over $10,000 – 1st degree felony

The more serious the theft charge, the harsher the potential punishment:

  • 1st degree misdemeanors – jail up to 1 year, $1,000 fine
  • 3rd degree felonies – prison up to 5 years, $5,000 fine
  • 2nd degree felonies – prison up to 15 years, $10,000 fine
  • 1st degree felonies – prison up to 30 years, $10,000 fine

Yikes! As you can see, a theft conviction can lead to jail or prison time, big fines, and a criminal record that hurts your job prospects and reputation. Let’s talk defenses…

6 Smart Defenses Against Theft Charges

Don’t panic yet! An experienced Clearwater criminal defense attorney can help you avoid conviction and lockup. Here are some of the most effective theft defenses:

You Had Permission

If the property owner consented to you borrowing, using, or taking their property – even temporarily – it’s not theft. But you’ll need solid proof of permission, like texts, emails, witnesses or surveillance video.

You Didn’t Know It Was Stolen

You can fight a “receiving stolen property” charge by proving you didn’t know the item was stolen when you obtained it. Maybe you bought it from a shady seller. If you can show you had no reason to think it was stolen goods, you’re off the hook.

False Accusations & Mistaken Identity

Has someone falsely accused you of theft out of anger or confusion? It happens more than you’d think. With no evidence you’re the thief, the case should get tossed.

Botched Shoplifting Doesn’t Count

Under Florida law, shoplifting requires concealing merchandise and leaving the store without paying. If you get busted before leaving the store, it’s not technically shoplifting.

Medical Issues Cause Strange Behavior

Actions that seem sneaky or dishonest could actually be side effects of medical conditions like dementia, seizures, or hypoglycemic episodes. Your lawyer can argue you had no criminal intent.

The Value is Exaggerated

If the supposed value of the stolen property is inflated, you may be able to get the charge reduced to a lesser offense. An experienced theft crimes attorney can pick apart the valuation.

Talk to a Clearwater Theft Charges Lawyer Today

Facing theft accusations in Clearwater, FL? Don’t panic. With an experienced criminal defense lawyer in your corner, you can avoid jail time and get charges lowered or dismissed. Call today for a free consultation. We can start crafting a defense strategy to keep you free and protect your record. You deserve a second chance.

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