There are many collateral consequences to theft charges. Many of the defendants accused of theft don’t fully grasp the consequences. This is why it is important to speak with an experienced Miami theft lawyer regarding any potential theft charges. Sometimes, it may be possible for the court to dismiss charges that are not supported by evidence. Incorrect evidence can be excluded from trial. It is important to consult your criminal defense attorney before accepting any plea agreement offered by the prosecutor.
LUNALAW, PLLC’s criminal defense lawyer knows how to protect defendants’ constitutional rights at all stages of an investigation or formal court proceeding. To schedule your complimentary phone consultation, call (305) 244-7775 right away. An experienced criminal defense lawyer will protect your legal rights better if you contact them as soon as possible.
What is Theft?
According to Florida Statutes Section 812.014, theft is when a person (1) knowingly acquires or uses, or attempts to obtain, the property of another (2) with an intent to temporarily or permanent deprive another person of a property right or benefit or take the property for his or her personal use or the use by any person not entitled. This definition is applicable to many types of theft. Two key elements of theft are that the defendant knew that the property was not his/hers and intended depriving the rightful owner of his or her property rights.
Grand theft and petit theft are used for classification and sentencing. Grand theft is when the goods or money are larger in value and can lead to harsher sentencing. Petit theft, also known as petty theft, is the taking of smaller items. Petit theft is defined in section 812.014 as property less than $300 and grand theft property greater than $300. Grand theft can also be applied to other goods, which are not monetary in nature. These include testamentary documents (such as wills or codicils), firearms and motor vehicles, commercially raised animals, fire extinguishers and citrus fruits over 2,000 pieces. Construction site signs, stop signs and anhydrous ammonia are all examples of controlled substances that can be considered grand theft. Petit theft is classified by the Statute into misdemeanors and felonies, or a third degree felony if there have been more than two previous convictions for theft. Depending on the circumstances of the crime, grand theft can be classified as a first, second or third-degree felony.
The Many Types of Theft Crimes
There are many ways that you could commit theft as shown in the statutory definition. Shoplifting could be as simple and straightforward as it seems. This includes a variety of actions, including the switching of tags or fraudulently using gift cards. This could involve a sophisticated white collar crime that involves fraudulent schemes. This could include theft of a truck or motorcycle or any other automobile. You could also be trying to convert property you had previously owned legally (e.g. an accountant embezzling company funds she was supposed deposit). Identity theft and other credit card fraud could be used to accomplish this. This could be a violent crime, such as robbery or the related crime burglary. The owner isn’t there to protect his or her property. You could also be accused of purse snatching, which may or not involve any violence during the theft.
There are many ways to steal with the advent of the internet. These schemes are far more sophisticated than those mocked emails from the “Nigerian prince”, which were popular in the early days. Internet theft targets vulnerable groups. An elderly victim might be told by a hacker that their grandchildren are in serious financial trouble and they need money wired immediately. Hackers are skilled at finding properties on real estate websites that are currently under contract. The hackers then send buyers fake wiring instructions to purchase the new home, and wire money directly into their accounts. In recent years, these types of fraud have caused billions in losses.