Fort Myers Lawyers Describe the Typical Punishments for Different Theft Crimes

Theft crimes are unfortunately common in Fort Myers and across Florida. As a resident, it’s important to understand the differences between types of theft charges, as well as the potential punishments if convicted. In this article, we’ll provide an overview from the perspective of local Fort Myers defense attorneys.

Petit Theft

Petit theft involves stealing property valued at less than $750 in Florida. It can involve shoplifting smaller items from stores, stealing a bicycle, or even siphoning gas from a car. Petit theft of any value is typically charged as a second-degree misdemeanor[1].

The maximum punishment for a second-degree petit theft conviction is up to 60 days in jail and a $500 fine. However, first-time offenders may receive probation instead of jail time. Subsequent petit theft convictions can result in increased penalties, such as more jail time, fines, and probation.

Fort Myers criminal defense lawyers typically seek reduced charges or punishments for petit theft clients through plea agreements or diversion programs. For example, a judge may sentence a first-time shoplifter to complete an anti-theft course rather than jail.

Grand Theft

In Florida, grand theft refers to stealing property valued at $750 or more. It also includes thefts of firearms, livestock, or cargo valued over $950. Grand theft has harsher punishments than petit theft under Florida law.

Grand theft in the third degree involves property valued between $750 and $5,000. It is a third-degree felony with up to 5 years in prison and $5,000 in fines[2]. Judges can also impose probation up to 5 years following any jail sentence.

Grand theft in Florida in the second degree involves property valued between $5,000 and $10,000. It jumps to a second-degree felony with maximum 15 year prison sentences and $10,000 fines[2].

The most severe charge is grand theft first degree for property over $10,000. Or thefts of cargo valued over $50,000. These are first-degree felonies with minimum 21 month and maximum 30 year prison sentences, alongside $10,000 fines[2].

Burglary

Burglary charges often accompany theft crimes when illegally entering a structure to steal property. In Florida, burglary becomes armed burglary if the person possesses a weapon during the crime.

Second-degree burglary for illegally entering a home or structure is a second-degree felony. The maximum punishment is 15 years imprisonment and $10,000 fines. First-degree armed burglary ups the stakes to a first-degree felony. This can mean up to 30 years in prison for stealing property while armed with a weapon[1].

Robbery

Robbery charges involve stealing property and using force or threat of force. Armed robbery includes using a weapon to steal property. Strong arm robbery uses physical force or violence rather than a weapon.

In Florida, strong arm robbery is a second-degree felony with up to 15 years imprisonment as maximum punishment. Armed robbery becomes a first-degree felony with potential 30 year maximum prison sentences[1]. Prosecutors often pursue minimum mandatory prison sentences for armed robbery convictions as well.

Defenses Against Theft Charges

Fort Myers criminal defense attorneys have several strategies to defend against theft charges and reduce penalties. For example, they may argue[1]:

• Mistaken identification against theft suspects
• The customer intended to pay for concealed store merchandise
• The accused did not actually steal the property
• Entrapment by police encouraging the theft
• Lack of criminal intent necessary under Florida law

Restitution and Civil Recovery

Beyond criminal penalties, theft victims may also pursue financial restitution. The judge may order repayment of property cost or damages as part of sentencing. Even after a conviction, victims have rights under Florida law to recover stolen property and damages.

The victim must send a demand letter to the accused at least 30 days before filing a civil lawsuit for damages[2]. If the accused pays the amount demanded, the victim must provide a written liability release. This constitutes an out-of-court settlement to make the victim financially whole again.

Working with a Local Fort Myers Defense Lawyer

Theft crimes have serious penalties under Florida law. From petit theft misdemeanors to first-degree felony armed robbery, the punishments quickly escalate based on the charges. An experienced local theft crimes lawyer can advise on defense strategies in Fort Myers cases.

We represent clients facing all types of theft accusations in Fort Myers and Lee County, Florida. Contact our office for a free consultation on building an effective defense to minimize the penalties. A skilled criminal defense lawyer can make the difference between jail time and preserving your freedom.