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Fight Your Charges With The Help Of Our Fort Myers Theft Defense Attorneys

Theft generally refers to taking someone else’s property without the intention of returning it. Under Florida law, there are many different types of theft and each distinct crime carries a range of penalties. Depending on the circumstances, theft can be classified as a felony or misdemeanor.

If you’ve been charged with a theft offense in the Fort Myers area, contact Patrick McLain Law. Our experienced theft crime defense attorneys can help you understand the consequences of the charges and prepare your defense options.

Petit Theft Charges For Small Value Items

Petit theft charges are considered a first-degree misdemeanor (M1) or a second-degree misdemeanor (M2). If a person is caught stealing an item valued at less than $100, they can be charged with M1 or M2 petit theft.

If that individual has been previously convicted of petit theft, M2 charges can be upgraded to the more severe M1 charge. When a person is caught with stolen property valued at greater than $100 but less than $300, they can be charged with M2 or M1 petit theft.

Individuals charged with M2 face up to 60 days in county jail. Individuals charged with an M1 face up to 365 days in county jail, higher fines and probation.

Grand Theft Charges For Expensive Items

​​Grand theft charges carry heftier punishments than petty theft. If an individual steals an item valued at more than $300 but less than $20,000, they can be charged with a third-degree felony (F3).

When the stolen property is valued at $20,000 or more but less than $100,000, the charge can be enhanced to a second-degree felony (F2). If the item is valued at $100,000 or more, the individual can be charged with a first-degree felony (F1).

Grand theft is punishable by up to 30 years in prison and carries a maximum fine of $10,000.

Florida’s Burglary And Robbery Laws

Florida’s most serious theft crimes fall into either the burglary or robbery category. An individual can be charged with second-degree robbery when they took the stolen item directly from someone or if the person used force while trying to steal the item.

If an individual uses a weapon during the theft, that person can be charged with a first-degree felony robbery. If the weapon is a firearm, the robbery could be punishable by life in prison.

Any individual who enters a structure or dwelling intending to commit a crime can be charged with burglary even if they don’t take anything. Burglary is a third-degree felony when it involves a car and a second-degree felony when in a house. If a person was armed or committed an assault or battery during the burglary, they could receive life in prison.

Aggravating Factors Increase Penalties For A Theft Conviction

If a theft crime is considered to be aggravated, the sentence could result in increased fines and prison time. Aggravated theft is the theft of property with one of the following aggravating factors:

  • The use of a weapon, specifically a deadly weapon
  • The use of threats or intimidation with the crime
  • Theft related to gang activity or organized crime
  • Theft of high-value property
  • Theft of police or government property

Those found guilty of aggravated theft can have a permanent felony record and limit their legal rights, such as the right to participate in elections.

Speak with a Florida criminal convictions attorney if you’ve been accused of aggravated theft. Our lawyers will work tirelessly to help you clear your name or reduce your charges.

Answers To Common Questions About Florida Theft Crimes

Finding the right answers to all your legal questions requires just one phone call from us because you can get a free consultation with experienced criminal defense attorneys at Patrick McLain Law. Below, we’ve answered some questions commonly asked by prospective clients like you.

What amount of theft is considered a felony in Florida?

Grand theft is the unlawful taking of property valued at $750 or more and can be charged as a felony offense. Grand theft carries severe penalties, including prison time, heavy fines and restitution.

How can a theft conviction be used against you in the future?

Anyone who is convicted of even minor forms of theft in Florida will be fingerprinted. Even if you’re not convicted, your name can still be included in a national database that employers use when conducting a background check.

Can petty theft charges be dropped in Florida?

First-time theft offenders may have their charges dismissed if their attorney negotiates a Theft Diversion Program on their behalf. These programs range from 3 to 18 months, depending on whether you were charged with a misdemeanor or felony and also the amount of restitution involved.

If you complete a pretrial diversion program, the charges against you can be dropped and your record could be expunged. However, if you plead guilty to the theft charge or are convicted at trial, you will be unable to expunge your record.

Free Consultations Available – Contact Us Today

Our skilled Florida theft defense lawyers at Patrick McLain Law represent individuals facing a variety of theft charges. If you are facing charges for a misdemeanor or felony theft, contact us to schedule a free initial consultation. We serve the surrounding counties of Lee, Hendry, Collier, Charlotte and Glades. You can reach out online or call 239-737-3735.