Petit Theft and Shoplifting Defense
In order to be found guilty of theft a person must have knowingly endeavored to obtain property from another with the intent to permanently or temporarily deprive the owner of the right to it. Theft offenses in Florida are taken very seriously by the courts. First time theft charges are serious because the laws of Florida allow for enhanced penalties and drivers license suspensions for all petit theft convictions. We have represented clients with various types of theft offenses throughout the state. We explain to our client his or her Rights and possible defenses. We seek the best possible outcome including acquittal, dismissal, and alternatives to prosecution.
Hire An Attorney Who Knows the Defenses
I practice strictly criminal law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case. I have studied the law and constantly stay abreast of all new legal cases that may help my clients. This is what I do and it would be an honor to represent you before the court.
Misdemeanor Thefts Enhance Each Other
Petit Theft is a term used to denote a misdemeanor theft offense. Petit Theft may be considered a felony if the accused person has been found guilty of at least two prior theft offenses. The decision to file a petit theft as a felony is within the discretion of the State Attorney's Office. This type of filing is called "stacking." Stacking allows for enhanced penalties for repeated convictions.
The Amount of the Theft Determines the Level of Offense
A misdemeanor theft involves property worth less than $300. The only exception to this is if the property is stolen from a dwelling or the curtilage of a dwelling and is worth more than $99.99. In that case the theft is a Third Degree Felony. If the property is not from a dwelling and is between $100 and $299.99 it is a first degree misdemeanor. If it is between $0.01 and $99.99 it is a second degree misdemeanor.
Use of Fraudulently Obtained or False Receipt
Attempting to obtain a refund for merchandise by use of a fraudulently obtained or false receipt is a criminal offense unto itself. This crime will be charged on top of any other theft offense. It is a 2nd degree misdemeanor.
A Conviction for Petit Theft Requires a Drivers License Suspension
Florida law now requires that "every judgment of guilty of a petit theft...shall provide for the suspension of the convicted person's drivers license." For a first offense the suspension "shall be for a period of up to 6 months." Subsequent suspensions "shall be for a period of 1 year." These types of drivers license suspensions will result in a criminal citation if someone is caught driving.
To Speak to Eric J Dirga, a Florida Criminal Defense Attorney
I represent people accused of misdemeanors and felonies for both state statutes and municipal ordinances. I have been doing this since 1995 in Orlando, Kissimmee, Sanford and surrounding Florida counties. Contact us to set up a time for a consultation either over the phone or in person.
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