Theft Crimes Lawyer in Miami, FL
Have You Been Charged with a Theft Crime in Miami?
Theft crimes are taken very seriously in the Miami, Florida area. Without the proper legal representation of a skilled theft crimes lawyer in Miami, an individual charged with petit theft, grand theft, or burglary faces severe consequences in the court system. A knowledgeable defense attorney is well-versed in Florida’s theft statutes and has the experience necessary to build a strong defense for your case.
A theft crimes lawyer in the Miami, Florida area will be able to best represent individuals who have been charged with shoplifting, grand theft, armed robbery, or any other type of property crime. Depending on the value of the property and the circumstances of the incident, theft can be charged as either a misdemeanor or a felony, carrying life-altering penalties.
Miami law enforcement officials aggressively prosecute theft offenses. It is essential to obtain the services of a theft defense attorney if you or someone you know is facing these charges.
Understanding Florida Theft Statute (Florida Statutes Section 812.014)
Under Florida Statutes Section 812.014, a person commits theft if they knowingly obtain or use, or endeavor to obtain or to use, the property of another with intent to, either temporarily or permanently:
- Deprive the other person of a right to the property or a benefit from the property.
- Appropriate the property to their own use or to the use of any person not entitled to the use of the property.
Petit Theft vs. Grand Theft Penalties in Florida
The severity of a theft charge in Florida depends heavily on the value and type of the stolen property, as well as the defendant’s prior criminal record.
Petit Theft (Misdemeanor)
Petit theft involves stolen property valued at less than $750. Penalties vary based on the exact value and prior convictions:
- Second-Degree Petit Theft: Property valued under $100. Punishable by up to 60 days in jail and a $500 fine.
- First-Degree Petit Theft: Property valued between $100 and $749. Punishable by up to 1 year in jail and a $1,000 fine.
Grand Theft (Felony)
Grand theft occurs when the stolen property is valued at $750 or more, or involves specific items (such as firearms, motor vehicles, or controlled substances). Grand theft is always a felony:
- Third-Degree Grand Theft: Property valued between $750 and $19,999. Punishable by up to 5 years in prison and a $5,000 fine.
- Second-Degree Grand Theft: Property valued between $20,000 and $99,999, or medical/law enforcement equipment. Punishable by up to 15 years in prison and a $10,000 fine.
- First-Degree Grand Theft: Property valued at $100,000 or more, or if a motor vehicle is used as an instrument to commit the crime and causes damage. Punishable by up to 30 years in prison and a $10,000 fine.
What is the Difference Between Robbery, Burglary, and Theft?
While often used interchangeably, these are distinct crimes under Florida law:
Theft is the unlawful taking of another person’s property without their consent, as outlined above.
Robbery involves the taking of money or property from a person’s physical custody through the use of force, violence, assault, or putting the victim in fear. Robbery is a serious felony carrying up to 15 years in prison, or up to life in prison if a weapon is involved.
Burglary is the act of entering a dwelling, structure, or conveyance with the intent to commit an offense therein. A person can be convicted of burglary even if no theft actually occurs inside. Depending on the circumstances, it can be punishable by up to a lifetime behind bars.
Common Theft Offenses Individuals are Accused Of
- Shoplifting (Retail Theft)
- Auto Theft
- Employee Theft or Embezzlement
- Identity Theft
- Trafficking or possession of stolen property
- Robbery and Armed Robbery
Defense Strategies for Theft Crimes in Miami
Being accused of theft does not mean an automatic conviction. A dedicated theft crimes lawyer in Miami can employ several effective defense strategies depending on the facts of your case:
- Lack of Intent: Arguing that you had a good-faith belief you owned the property or had the right to possess it.
- Consent: Proving the owner gave you permission to use or take the property.
- Mistake of Fact: Demonstrating that the taking of the property was an honest mistake or misunderstanding.
- Valuation Disputes: Challenging the prosecution’s assessment of the property’s value to reduce a grand theft charge to a misdemeanor petit theft.
- Constitutional Violations: Filing motions to suppress evidence obtained through illegal searches and seizures by law enforcement.
Seek the Legal Representation of a Theft Crimes Lawyer in Miami
If you or someone you know is being charged with theft, a skilled theft crimes lawyer is essential. Not only does a conviction come with severe legal consequences—including jail time, probation, and fines—but it creates a permanent criminal record for a “crime of dishonesty.” This can permanently damage your reputation and prevent you from securing employment, professional licenses, or housing in the future.
Law enforcement officers and prosecutors will do everything in their power to ensure individuals accused of theft are found guilty and punished to the fullest extent of the law. Without the representation of an experienced Miami theft defense attorney, you are left vulnerable. A knowledgeable lawyer can find weaknesses in the police investigation, negotiate to have charges reduced, or fight for your case to be dismissed entirely.
Do not make the mistake of walking into a Miami courtroom for a theft or burglary charge without the proper legal representation. If you or a loved one are facing theft charges, retain the services of an experienced theft crimes lawyer in Miami as soon as possible.
