Being accused of theft is a serious matter that can impact your entire life. Whether you are facing misdemeanor shoplifting charges or felony grand theft allegations, you need a Coral Gables theft lawyer who is responsive, knowledgeable, and ready to defend your rights.
A good defense can mean the difference between prison and freedom. An attorney from Shirazi and D’Escoubet Law Group could provide you with immediate assistance, clear communication, and an aggressive defense strategy tailored to your case.
Theft is a property crime that involves knowingly obtaining or using someone else’s property with the intent to temporarily or permanently deprive them of it. Florida Statutes § 812.014 classifies theft offenses based on the value of the stolen property and other aggravating factors. It breaks these offenses into two main groups—grand theft and petit theft. Petit theft includes all misdemeanor thefts, while grand theft includes all felony thefts.
Petit theft involves the theft of property valued at less than $750. Stealing property with a value under $100 is a second-degree misdemeanor punishable by a $500 fine and up to 60 days in jail. When the value is between $100 and $750, it is a second-degree misdemeanor punishable by a $1,000 fine and up to a year in jail.
Grand theft charges apply when the stolen property is valued at $750 or more. It is a third-degree felony to steal property valued between $750 and $20,000, and the punishment can include up to five years in prison and a $5,000 fine. Theft of property worth $20,000 to $100,000 is a second-degree felony with a potential $10,000 fine and up to 15 years in prison. First-degree grand theft concerns property with a value of at least $100,000. The punishment for this offense exceeds that for some homicide offenses and includes a $10,000 fine and up to 30 years in prison.
In addition, special categories of theft may carry additional penalties and require specialized defenses. If your theft charges are for retail theft, identity theft, or embezzlement, your Coral Gables attorney should explain the impact those additional aspects will have on your case.
As the potential criminal consequences make clear, theft convictions can lead to considerable legal penalties. However, the informal penalties are often more substantial than the criminal consequences.
A criminal record for theft charges can render you essentially unemployable. Even employers who offer second chances for convicted criminals may be hesitant to employ someone with a theft conviction—especially if your conviction is for embezzlement, retail theft, or a similar charge. A theft conviction can also cause lasting damage to your reputation outside work.
Prosecutors aggressively pursue theft cases. A knowledgeable Coral Gables theft attorney could respond promptly to your concerns and develop an appropriate legal strategy for your defense.
A strong defense strategy can help you avoid a conviction or reduce the severity of penalties. Some common defenses include:
If you did not intend to steal the property, you may have a valid defense. If you were wrongly accused based on false witness statements or security footage, a Coral Gables lawyer might make a mistaken identity defense, arguing that it was not you who committed the theft. Remember that the prosecution has to prove your guilt beyond a reasonable doubt—a lawyer’s job is to challenge any weak or insufficient evidence.
Perhaps the most effective defense against theft charges is rightful ownership: you cannot steal your own property. If your lawyer can demonstrate that you had a legitimate claim to the property, they are likely to argue that no theft occurred. Even if a court ultimately determines that the property was not yours, your legitimate claim could still be an effective defense.
If you are facing theft charges, time is of the essence. A Coral Gables theft lawyer could help you through every step of your case—from the initial investigation all the way to trial and appeals. Schedule a free case evaluation with Shirazi and D’Escoubet Law Group to learn more.