Fort Myers Petit Theft Attorney

Petit Theft is a serious offense under Florida law that can result in harsh penalties if convicted. This crime can be charged as a first or second-degree misdemeanor depending on the value of the property in question, and prior convictions can elevate a new charge to a felony. At Hollander & Hanuka Attorneys at Law, we understand how a theft charge can impact your life, and we are here to defend your rights and help you obtain the best outcome possible. Contact our Fort Myers petit theft defense lawyer today.

Petit Theft Under Florida Law

Petit Theft is governed by Florida Statutes Section 812.014. Theft occurs when a person knowingly takes or uses someone else’s property with the intent to either temporarily or permanently deprive the owner of their right to the property or the benefit of it. Under the statute, the offense of theft is divided into two categories: Petit Theft and Grand Theft. Petit Theft is generally applied when the value of the stolen property is less than $750.

Penalties for Petit Theft

The penalties for Petit Theft in Florida vary based on the value of the stolen property and whether the defendant has prior theft convictions:

• Petit Theft of the Second Degree: If the stolen property is valued at less than $100, this is classified as a second-degree misdemeanor. A conviction can result in up to 60 days in jail, a fine of up to $500, probation, community service, and a permanent criminal record
• Petit Theft of the First Degree: If the value of the stolen property is between $100 and $750, the offense becomes a first-degree misdemeanor. A conviction for first-degree Petit Theft can result in up to one year in jail and a fine of up to $1,000. A convicted offender could alternatively be sentenced to probation and community service.
• Enhanced Penalties for Repeat Offenders: If you have previously been convicted of any theft offense, your charge may be elevated, and the penalties can be more severe. Multiple Petit Theft convictions can even lead to felony charges.

Elements of a Petit Theft Offense

For the prosecution to secure a conviction for Petit Theft, they must prove several key elements beyond a reasonable doubt:

1. Ownership of Property: The prosecutor must demonstrate that the property belonged to someone other than the accused.
2. Intent to Deprive: It must be proven that the defendant intended to permanently or temporarily deprive the owner of their right to the property or the benefit derived from it.
3. Knowledge: The defendant must have known that they were taking property that did not belong to them.

If any of these elements are not sufficiently proven, a conviction cannot occur.

Potential Defenses to Petit Theft

Facing Petit Theft charges can be distressing, but several possible defenses may apply to your case. A skilled criminal defense attorney can explore these options:

• Lack of Intent: If it can be demonstrated that the defendant did not intend to steal the property (for example, the taking of property was accidental or unintentional), this could lead to a dismissal or reduction of charges.
• Mistaken Identity: Theft cases often hinge on witness identification, and mistaken identity is a common issue. A defense attorney may argue that the accused was wrongly identified as the perpetrator.
• Claim of Right: If the accused honestly believed they had a right to the property in question, this defense may negate the intent element of the crime.
• Insufficient Evidence: The burden of proof is on the prosecution to prove every element of the offense. If there is insufficient evidence, the charges may be dropped or reduced.

How a Criminal Defense Attorney Can Help

Hollander & Hanuka Attorneys at Law have extensive experience defending individuals against theft charges. We thoroughly investigate the circumstances of your case to develop a strategy aimed at achieving the best possible outcome. This includes gathering evidence, interviewing witnesses, and examining police reports for errors or inconsistencies. In many cases, evidence may be weak, insufficient, or improperly obtained. We will challenge the prosecution’s evidence and fight to have inadmissible evidence excluded from your case.

If a trial is not in your best interest, we can negotiate with prosecutors to have your charges reduced or dismissed. In some cases, we may be able to secure probation or other favorable outcomes through plea bargaining, helping you avoid the harshest penalties associated with a Petit Theft conviction.

If the prosecution’s case is weak, we will fight for a complete dismissal of charges. If dismissal isn’t possible, we’ll work to have the charges reduced to a lesser offense. When going to trial is the best approach, you can count on attorney Dan Hanuka’s decades of courtroom experience as a public defender and in private practice to provide a smart, strong, and strategic case in court.

Contact Hollander & Hanuka Attorneys at Law When Faced With Petit Theft Charges in Fort Myers

If you are facing Petit Theft charges in Fort Myers or the surrounding areas, it is critical to have an experienced criminal defense attorney on your side. Hollander & Hanuka Attorneys at Law provides aggressive defense strategies aimed at protecting your future. Contact us today at 239-332-3300 for a free consultation to learn more about how we can help defend you against these serious charges.