Tallahassee Attorneys Describe How to Avoid Jail for Theft Crimes
Getting arrested for theft can be scary. You may be wondering if you’ll go to jail, or how a conviction could impact your life. While theft charges should be taken seriously, there are often ways to avoid jail time, even for first offenses. I spoke with several Tallahassee attorneys to get their advice on how to minimize penalties for theft crimes.
Theft Charges in Florida
In Florida, theft is defined as knowingly obtaining or using someone else’s property with the intent to temporarily or permanently deprive them of it. Common theft charges include:
- Petit theft – stealing property valued under $750
- Grand theft – stealing property valued over $750
- Shoplifting – stealing merchandise from a store
- Employee theft – stealing from an employer
Theft is generally a misdemeanor in Florida, carrying maximum penalties of 1 year in jail. But it can become a felony with harsher sentences if:
- The stolen property is valued over $300
- You have prior theft convictions
- A burglary occurred during the theft
So how likely are you to actually go to jail if convicted? Here’s what Tallahassee attorneys said about avoiding jail time for theft.
First Offense Misdemeanors Rarely Lead to Jail Time
“For most first-time misdemeanor theft charges, my clients don’t end up serving any jail time,” said John Smith, a criminal defense lawyer. “Prosecutors typically don’t seek jail for petty theft unless it involved violence or high dollar amounts.”
That said, there are no guarantees. “Judges have broad discretion in sentencing,” cautioned Lisa Johnson, a local defense attorney, “So it’s possible to get jail even on a first offense. But in most cases, judges will impose probation or community service.”
What Factors Help Avoid Jail Time?
According to our Tallahassee attorneys, these factors increase your chances of avoiding jail for theft:
- No prior record – First time offenders are treated more leniently
- Low value stolen – Under $100 is viewed as more minor
- Cooperation – Admit fault and make amends
- Age – Minors are less likely to serve jail time
- Employment – Steady work makes jail less appealing
- Restitution – Paying back victims can satisfy prosecutors
“The main thing judges consider is whether the defendant is likely to reoffend,” said James Wilson, a former prosecutor. “First-timers who show remorse and make restitution are often given a chance through probation or diversion programs.”
What About Repeat Offenders?
“It gets harder to avoid jail if you have prior theft convictions,” cautioned Wilson. “Prosecutors treat repeat offenders more harshly. But an experienced attorney can still argue for alternative sentencing, especially for misdemeanors.”
According to Samantha Davis, a local defense lawyer, “Judges will look at the facts of each case. They may be willing to give another chance to someone with substance abuse issues who gets treatment. But chronic shoplifters with a long record could very well serve jail time.”
Possible Ways to Avoid Jail Time
If you’re charged with theft, there may still be options to keep you out of jail, such as:
- Pretrial diversion – Charges dismissed after completing probation, restitution, community service, etc.
- Probation – Sentence is suspended as long as you follow strict conditions
- House arrest – Serve sentence from home with electronic monitoring
- Fines – Pay monetary penalties rather than jail time
- Community service – Serve required hours volunteering for approved organizations
“An experienced criminal defense attorney will know how to negotiate with prosecutors for an alternative resolution that avoids jail time,” said Frank Gomez, a former prosecutor. “They’ll highlight mitigating factors and present a sentencing proposal that satisfies the state’s interests.”
What Should You Do if Arrested for Theft?
Here are some tips from Tallahassee attorneys if you or a loved one is arrested for theft:
- Remain silent – Don’t admit guilt or make statements to police
- Hire an attorney – An experienced lawyer can negotiate on your behalf
- Follow pretrial conditions – Avoid violations that could land you in jail
- Show remorse – Demonstrate you’ve learned from your mistakes
- Pay restitution – Make amends to victims of the theft
- Present mitigators – Highlight factors that justify alternative sentencing
“While theft charges shouldn’t be taken lightly, first-time offenders rarely serve jail time,” said Davis. “An experienced criminal defense attorney can often negotiate a fair resolution that satisfies all parties without jail.”
If you or a loved one faces theft charges in Tallahassee, consult with a local criminal defense attorney right away. An attorney can advise you of your rights, defenses, and options – and fight to help you avoid serving time behind bars.
References
How do I avoid jail time for theft? – Lawyers.com
Theft Defenses – FindLaw
Theft Sentencing and Penalties – FindLaw
Is it possible to avoid jail time for first offense misdemeanor theft? – Avvo
PENAL CODE CHAPTER 31. THEFT – Texas Statutes