Defenses You Can Use to Defend Against Petit Theft Charges in Charlotte County

If you're stopped by an employee or security at a store and accused of shoplifting, you could be arrested for petit theft. This could be true even if you innocently slipped an item into your pocket or accidentally walked out of the store without paying for it. But don’t resign yourself to just pleading guilty. You have options to fight the charges you face. 

At the Law Offices of Robert David Malove, our skilled Charlotte County petit theft defense lawyers are committed to protecting your rights and building a strong defense against your shoplifting charges. Attorney Robert Malove, a board-certified criminal defense lawyer, has defended clients facing these charges for 60 years. He and his legal team will use their knowledge and years of experience to help you achieve the best possible outcome in your criminal case.

What Constitutes Petit Theft in Florida?

Under Florida Statute § 812.014, petit theft is defined as the unlawful taking of property valued at $750 or less with the intent to deprive the owner of that property permanently or temporarily. The offense is classified into two degrees based on the value of the stolen goods and the defendant's criminal history:

• Second-degree petit theft. When the stolen property is valued at least $100 but less than $750, you could be charged with second-degree petit theft if this is your first offense. 
• First-degree petit theft. If the property allegedly stolen is worth between $100 and $749, and this is your second or subsequent offense, you would be charged with first-degree petit theft. This is a more serious offense with harsher penalties. 

Potential Penalties for a Petit Theft Conviction in Charlotte County

If you're convicted of petit theft, the penalties you face will depend on the value of the stolen property and your prior criminal history. A Charlotte County judge could sentence you to the following: 

• Second-degree petit theft. You could face up to 60 days in jail and a fine of up to $500.
• First-degree petit theft. The penalties increase to up to 1 year in jail and fines up to $1,000.

In addition to jail time and fines, a petit theft conviction can also result in:

• Probation

• Community service

• Restitution to the victim

• A permanent criminal record that may impact future employment, housing, and educational opportunities

Given these harsh consequences, it is crucial to work with our knowledgeable petit theft defense lawyers, who can help you build a strong defense, negotiate with prosecutors, and fight for the best possible outcome in your case.

What Defenses Can Help You Fight Against Petit Theft Charges in Charlotte County?

You could have strong defenses that can help to get the charges dismissed or reduced to a less serious offense, even if you’re guilty. Here are several defense strategies that our attorneys may use depending on the specifics of your case:

• Lack of intent. The prosecution must prove that you intended to deprive the owner of their property permanently or temporarily. If you can demonstrate that you did not have this intent, it may be a solid defense to prove that you didn’t commit this crime. 
• Mistaken identity. If you were wrongly identified as the perpetrator, our lawyers can challenge the evidence and build a case based on mistaken identity.
• Insufficient evidence. If the prosecution lacks sufficient evidence to prove that you took the property or had the intent to steal, our attorneys can argue for a dismissal or reduced charges.
• Shoplifting defense. In shoplifting cases, we may establish that there was no intent to steal or that you were mistaken for another individual.
• Possession of property. If you can establish that you did not knowingly possess stolen property or had a legitimate reason for having it, our lawyers can raise this as a defense. This could result in the charges being reduced or dismissed.
• No theft occurred. Proving that no theft occurred can be a powerful defense. You would need to show that you returned the property or never took it in the first place.
• Violation of your constitutional rights. If the police violated your constitutional rights, such as failing to inform you of your Miranda rights or conducting an illegal search and seizure, we may be able to get the evidence being used against you suppressed. This could significantly weaken the prosecution’s case against you, making it impossible for them to meet their burden of proof.

Vital Steps to Take If You're Arrested for Petit Theft

If you're arrested for petit theft in Charlotte County, taking immediate steps to protect your rights and minimize the potential consequences is crucial. Here's what you should do:

• Cooperate with the police. Remain calm and respectful when interacting with law enforcement officers, but avoid admitting guilt or providing incriminating information.
• Remain silent. Exercise your Fifth Amendment right to remain silent. Politely inform the police that you wish to invoke your right to silence and avoid answering questions about the incident.
• Request a lawyer. Assert your Sixth Amendment right to legal representation. Clearly state that you want to speak with a lawyer before answering any questions or providing a statement.
• Don't discuss your case. Refrain from discussing the details of your case with anyone except your attorney, as statements made to friends, family, or cellmates could potentially be used against you.
• Collect evidence. Gather any evidence that may support your defense, such as receipts, witness contact information, or surveillance footage. Share this information with our legal team to help us build a strong case on your behalf.

How Our Charlotte County Criminal Defense Lawyers Can Defend You

If you've been charged with petit theft in Charlotte County, don't face the legal system alone. At the Law Offices of Robert David Malove, our criminal defense attorneys are dedicated to protecting your rights and building a strong defense against petit theft charges. Here's how we can assist you: 

• Thoroughly investigate. We’ll meticulously review the evidence, interview witnesses, and examine surveillance footage to identify weaknesses in the prosecution's case and build a vigorous defense.
• Keep you informed. Our lawyers will explain the charges you face, penalties, and options you have to defend yourself so that you can make informed decisions. We’ll also keep you informed throughout your criminal case and give you advice on mistakes to avoid that could weaken your defense.
• Negotiate with prosecutors. If it’s in your best interests, our legal team will work to negotiate with prosecutors for a dismissal, reduced charges, or alternative sentencing options, such as a petit theft diversion program.
• Take your case to trial. If your case goes to trial, we’ll provide aggressive representation, challenging the evidence and advocating for your acquittal.
• Protecting your rights. Our legal team will ensure that your constitutional rights are upheld throughout the legal process and that any evidence or statements you made illegally collected are not used against you.