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Let a Lake Mary Theft Lawyer Help You

The crime of theft, in theory, is straightforward: It is the taking of another person’s property without consent. In real life, however, theft cases often raise complicated factual and legal questions. They also pose serious possible penalties for the person accused of the offense.

Lake Mary theft lawyer Ryan Yadav focuses solely on helping people across Seminole County fight back after being charged with a crime. Ryan is a seasoned attorney who works tirelessly to build the strongest possible defense for his clients and has a strong track record of getting charges dropped or reduced.

It is vital for anyone suspected or charged with a theft crime in Florida to understand their rights and options, and to understand how the criminal justice process works. Ryan will guide you through the process with experience and personal attention.

Types of Theft Crimes in Florida

Florida law broadly defines theft crimes as the unauthorized taking of someone else’s property with the intent to deprive them of it permanently or temporarily.

These offenses can range from minor infractions, such as shoplifting, to serious felonies involving high-value items or organized schemes. They are categorized based on the value and type of property stolen, and the consequences vary significantly depending on the circumstances of the offense.

Penalties for theft crimes also vary widely and may include jail time and fines. A conviction can have long-term effects, including:

  • A permanent criminal record
  • Difficulty finding employment or housing
  • Loss of professional or occupational licenses
  • Immigration status issues
  • Driver’s license suspension for repeat offenses

Petit Theft (Petty Theft)

Petit theft is the theft of property valued at less than $750. It is the most common type of theft charge and is further divided into degrees based on the value of the stolen property.

Second-degree misdemeanor petit theft is charged for property valued at less than $100. Its penalties include up to 60 days in jail, a $500 fine, and possible driver’s license suspension.

First-degree misdemeanor petit theft involves property valued between $100 and $749. Its penalties include up to one year in jail, a $1,000 fine, and possible driver’s license suspension.

Repeat offenders can be charged with a felony in some situations, even if the value of the property is below $750. A third-degree felony theft conviction is punishable by up to five years in prison.

Grand Theft

Grand theft is the unlawful taking of property valued at $750 or more or certain specially protected items, regardless of value. It is always charged as a felony and is classified by degrees.

Third-Degree Felony Grand Theft:

  • Property valued between $750 and $20,000 or specific items like firearms, motor vehicles, or controlled substances
  • Penalty: Up to five years in prison, five years probation, and a $5,000 fine

Second-Degree Felony Grand Theft:

  • Property valued between $20,000 and $100,000 or involving certain emergency or law enforcement equipment
  • Penalty: Up to 15 years in prison, 15 years probation, and a $10,000 fine

First-Degree Felony Grand Theft:

  • Property valued over $100,000 or theft that causes significant damage or involves the use of a motor vehicle to assist in the crime
  • Penalty: Up to 30 years in prison, 30 years probation, and a $10,000 fine

Shoplifting (Retail Theft)

Shoplifting is another common theft crime, which is also referred to as retail theft. It includes:

  • Taking merchandise without paying
  • Altering or removing price tags
  • Transferring items to different containers
  • Attempting to leave the store without paying

Shoplifting is charged based on the value of the merchandise. A person who is caught using anti-theft devices or acting in a coordinated group may face enhanced penalties for organized retail theft, a third-degree felony under Florida law.

These cases often involve juveniles charged with stealing items from stores. The juvenile process emphasizes rehabilitation rather than punishment and offers options to avoid the long-term impact of a conviction or criminal record. That said, being charged with a crime as a minor is a serious situation that can have lasting consequences.

Dealing in Stolen Property

Selling, trafficking, or attempting to resell stolen goods is considered a separate, more serious offense than the theft of those goods.

Dealing in stolen property is a second-degree felony, punishable by up to 15 years in prison. Fencing stolen items—or organizing theft and resale—is a first-degree felony, carrying a sentence of up to 30 years behind bars.

Theft of Services

Theft does not always involve physical property. Cops and prosecutors also go after people accused of stealing a wide range of services. Some of the most common situations include:

  • Leaving a restaurant without paying
  • Avoiding payment for utilities
  • Tampering with meters

These offenses are classified similarly to other theft crimes based on the value of the service stolen.

Identity Theft and Credit Card Fraud

These crimes fall under the broader category of economic theft.

The criminal use of personal identification information is routinely charged as a felony, depending on the circumstances. The fraudulent use of a credit card may also be charged as a felony based on the value involved.

Carjacking

Carjacking is a violent felony offense in Florida. It involves the forcible taking of a motor vehicle from another person with the intent to permanently or temporarily deprive the person of the vehicle.

What distinguishes carjacking from auto theft or grand theft auto is the use of force, violence, assault or putting the victim in fear during the act. It is classified as a first-degree felony, with penalties including up to 30 years in prison and fines up to $10,000.

Lake Mary Theft Lawyer Ryan Yadav Can Help

If you have been charged with theft or another crime in Lake Mary or across Seminole County, time is of the essence. Ryan Yadav can help you understand your situation and begin defending the case right away. Ryan will fight aggressively to help you keep your driving privileges. Call 407-878-7855 or contact us online to schedule a free, no-strings-attached consultation with a Lake Mary theft lawyer.


Frequently Asked Questions

What should I do if I am suspected of theft?

Remain silent and get a lawyer. It can be natural to want to profess your innocence or cooperate with law enforcement officers. You should understand, however, that the police are trying to build a case against you. It is vital that you do not talk until you have a lawyer by your side.

What is the difference between theft, robbery, and burglary?

The terms theft, robbery, and burglary are often used interchangeably in everyday conversation. In court, they refer to very different crimes with distinct legal definitions, elements, and penalties.

Theft involves taking someone else’s property without their permission and with the intent to permanently or temporarily deprive them of it. Burglary is the unlawful entry into a building, structure, or vehicle with the intent to commit a crime inside, which could be theft, assault, or vandalism.

Robbery is a theft that involves force, violence, assault, or putting the victim in fear. In other words, it is theft with the use or threat of physical force against a person. That makes it the most serious of the three types of offenses. A conviction comes with steep potential penalties, especially if the robbery includes the use of a weapon.

Will I go to jail for a theft charge?

It depends on the value of the property, your criminal history, and other factors. First-time offenders charged with petit theft may be eligible for diversion programs, probation, or community service rather than jail. Felony theft charges carry a much higher risk of jail or prison time.

What happens when a juvenile is charged with shoplifting?

Being charged with shoplifting or other theft offenses can have serious consequences, regardless of age. For juveniles, it can result in detention, restitution, and probation.

The good news is that the juvenile criminal justice process heavily emphasizes rehabilitation, education, and intervention, rather than punishment. A juvenile court aims to help youth avoid future criminal behavior, while prosecutions against adults emphasize punishment, deterrence, and public safety.

It is crucial to have a criminal defense lawyer in your corner. An attorney will work to efficiently resolve the matter and minimize the impact of a criminal charge.

Can I be charged with theft if I didn’t leave the store?

Yes. You can be arrested for theft in Florida without leaving the premises, as long as you took actions that show intent to steal. Concealing an item in a bag or removing a security tag may be enough to warrant a shoplifting charge, even if you are still inside the store.

What defenses are available in theft cases?

Several legal defenses may be available, depending on the circumstances. Some of the most common defenses include:

  • Lack of intent to steal
  • Mistaken identity
  • Owner consents to the use or borrowing of the item
  • Property dispute (you believed it was yours)
  • Insufficient evidence or illegal search/seizure

A criminal defense attorney can review your case and determine the strongest defenses. That includes exploring pre-trial diversion and other alternatives.