Fort Myers Theft Attorney

In Florida, theft is a serious criminal offense governed by Florida Statutes 812.005 through 812.061. If you are charged with theft in Lee County or Collier County, understanding the charges and the potential consequences is essential. Hollander & Hanuka Attorneys at Law are here to help you navigate the legal system and defend your rights, providing strong and effective defense and legal strategies to help you obtain a positive outcome considering the specific charges you are facing. Don’t delay in securing legal advice and representation. Contact our experienced Fort Myers theft defense lawyer today.

Definition of Theft in Florida

Under Florida law, theft is defined as knowingly obtaining or using—or attempting to obtain or use—the property of another person with the intent to either:

1. Deprive the person of their right to the property or a benefit from the property, or
2. Appropriate the property for the defendant’s own use or for the use of someone else who is not entitled to it.

This broad definition covers a range of actions, including shoplifting, embezzlement, petit theft, and grand theft. The severity of theft charges depends on the value of the property stolen and the circumstances of the offense.

Penalties for Theft in Florida

The penalties for theft in Florida vary based on the value of the stolen property, as outlined in Florida Statutes 812.014:

• Petit Theft (Value of Less Than $750):
  • Property valued at less than $100 is charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
  • Property valued between $100 and $750 is charged as a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
• Grand Theft (Value of $750 or More):
  • Third-Degree Felony: Theft of property valued between $750 and $20,000, a motor vehicle, firearm, or other specified items. Penalties include up to five years in prison and a fine of up to $5,000.
  • Second-Degree Felony: Theft of property valued between $20,000 and $100,000, punishable by up to 15 years in prison and a fine of up to $10,000.
  • First-Degree Felony: Theft of property valued at more than $100,000, punishable by up to 30 years in prison and a fine of up to $10,000.

Additionally, repeat offenders may face enhanced penalties under Florida’s habitual offender laws.

Elements of Theft That Must Be Proven

To secure a conviction for theft in Florida, the prosecution must prove the following elements beyond a reasonable doubt:

1. Ownership: The property in question belonged to another person.
2. Intent: The defendant intended to either permanently or temporarily deprive the owner of their property or to appropriate it for personal use or someone else’s benefit.
3. Knowledge: The defendant was aware that they were not entitled to take or use the property.

If any of these elements are not proven, the defendant cannot be convicted of theft.

Possible Defenses to Theft Charges

At Hollander & Hanuka, we understand that not every theft charge is straightforward. Several defenses can be raised, depending on the specifics of your case. Common defenses to theft charges in Florida include:

• Lack of Intent: If the prosecution cannot prove that you intended to deprive the owner of the property, you may be able to avoid a conviction.
• Mistake of Fact: If you genuinely believed that the property was yours or that you had permission to use it, you may have a defense.
• Lack of Knowledge: If you were unaware that the property belonged to someone else, this may be a valid defense.
• Ownership Dispute: In some cases, a dispute over who owns the property may form the basis for a defense.

A skilled criminal defense attorney will evaluate the specifics of your case to determine the most effective defense strategy.

How a Criminal Defense Attorney Can Help

Theft charges are a serious matter, but having an experienced criminal defense attorney on your side can make all the difference. At Hollander & Hanuka Attorneys at Law, we provide personalized, aggressive representation designed to secure the best possible outcome for our clients. Our attorneys will examine all evidence, interview witnesses, and identify weaknesses in the prosecution’s case. We will develop a strong defense strategy tailored to your unique circumstances. At the same time, we will ensure that your constitutional rights are protected throughout the legal process. If law enforcement violated your rights, such as conducting an illegal search or failing to read you your Miranda rights, we will fight to have the evidence against you suppressed.

In some cases, it may be in your best interest to negotiate a plea agreement with the prosecution. Our attorneys will work to secure a reduced charge or minimize the penalties, such as obtaining probation instead of jail time. When the facts of the case warrant it, we will aggressively seek to have the charges dropped before trial. If your case does go to trial, you can count on our experienced courtroom lawyers to present a strong and effective case to the judge and jury.

Contact Hollander & Hanuka Attorneys at Law Today

If you have been charged with theft in Lee County or Collier County, you need a knowledgeable and experienced criminal defense attorney who will fight for your rights. Hollander & Hanuka Attorneys at Law are dedicated to protecting our clients and securing the best possible outcomes in theft cases. Call our Fort Myers law office today at 239-332-3300 for a no-cost, confidential consultation to learn how we can help defend you against these serious charges.