Theft crimes in Florida carry a heavy social stigma and can make it extremely challenging to find a job or secure a loan in the future. Whether you are facing a lower-level charge or a serious felony allegation, you need a Fort Myers theft lawyer who knows how to challenge the prosecution’s evidence.
At The Law Offices of Robert David Malove, we take every theft case seriously because we know how much is on the line for you. When you hire a criminal defense attorney from our firm, you are getting a team that looks at every detail, and will build the strongest possible case to safeguard your rights and secure a favorable outcome.
Petit Theft vs. Grand Theft
In Florida, the primary difference between petit theft and grand theft is the monetary value of the property taken. Petit theft (often called petty theft or larceny) is a misdemeanor involving property valued at less than $750. For example, shoplifting a $50 pair of shoes is classified as second-degree petit theft (value under $100), while taking a $500 smartphone is first-degree petit theft (value between $100 and $749).
Once the value reaches $750 or more, the crime escalates to grand theft, which is a felony. However, certain items like firearms, motor vehicles, or property stolen from a dwelling (if worth $40+) automatically trigger grand theft charges regardless of their standard market value.
A unique element of Florida law is the escalation of penalties based on the criminal history of the accused. For instance, a third petit theft conviction is automatically reclassified as a third-degree felony, even if the item stolen is worth very little. The penalties for these crimes vary significantly based on their classification:
- Second-degree petit theft (<$100): A second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.
- First-degree petit theft ($100–$749): A first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
- Third-degree grand theft ($750–$19,999): A third-degree felony punishable by up to 5 years in prison and a $5,000 fine.
- Second-degree grand theft ($20,000–$99,999): A second-degree felony punishable by up to 15 years in prison and a $10,000 fine.
- First-degree grand theft ($100,000+): A first-degree felony punishable by up to 30 years in prison and a $10,000 fine.
To convict a person of theft, prosecutors must prove the offender knowingly obtained or used the property of another with the intent to temporarily or permanently deprive them of it. Shoplifting, or retail theft, specifically includes taking possession of merchandise, altering price tags, or removing shopping carts with the intent to deprive the merchant of their value. A Fort Myers attorney can help you understand your theft charge and the best line of defense for your case.
Understanding Robbery and Burglary Charges
While larceny involves taking property, robbery and burglary are considered much more serious because they involve either a victim or a dwelling. Robbery is the taking of property through the use of force, violence, or fear. If a weapon is involved, it becomes armed robbery, which carries mandatory minimum prison sentences.
Burglary involves entering a structure or conveyance with the intent to commit a crime inside. You do not actually have to steal anything to be charged with burglary; the prosecution only needs to prove your intent. Similarly, carjacking is a specialized form of robbery involving a motor vehicle. Theft charges can be complex, but a Fort Myers attorney from our firm has the experience and resources to navigate them successfully.
What Are the Best Defenses to Theft Charges?
One of the most effective ways to fight a theft charge is to challenge the element of intent. For a theft conviction, the state must prove that you intended to permanently deprive the owner of their property. If you genuinely believed the property was yours, or if you simply forgot to pay for an item in your cart due to a distraction, you may lack the necessary intent for a conviction.
Our Fort Myers theft attorneys can also look into procedural errors, such as illegal searches and seizures or violations of your Miranda rights. If the police did not follow the law when collecting evidence or questioning you, we can move to have that evidence suppressed. Our theft defense strategies are designed to force the state to prove every single element of the crime beyond a reasonable doubt, which can lead to reduced charges or dismissals.
Hire a Fort Myers Theft Attorney To Build the Strongest Possible Defense
If you have been accused of taking property that was not yours, do not wait to seek help. A Fort Myers theft lawyer can intervene early, sometimes even before formal charges are filed, to present your side of the story to the prosecutor’s office. Our firm is committed to providing the high-quality representation you deserve.
The Law Offices of Robert David Malove has years of experience defending clients against everything from petit theft to complex carjacking cases. We are ready to put our knowledge and resources to work for you. Contact us today to discuss your case and learn more about how we can fight for your rights.