Theft Crimes

Tampa Theft Law

Tampa theft law includes various offenses under Florida state statutes that deal with crimes involving the illegal taking of someone else’s property. These laws aim to safeguard property rights and impose penalties on those who infringe upon these rights.

Defined under Florida Statute §812.014 as knowingly obtaining or using, or endeavoring to obtain or use, another person’s property with the intent to either temporarily or permanently deprive them of their right to the property or appropriate the property for personal use.

Theft crimes encompass a wide range of offenses, from petty theft to grand theft auto. Each offense carries its own set of penalties and consequences, which can have a significant impact on your future. A conviction for theft can result in fines, probation, restitution, and even jail or prison time.

Under Florida Statute §812.014, theft is categorized into several degrees based on the value of the stolen property and other circumstances:

1. Petit Theft (1st Degree): Involves property valued between $100 and $750. It is classified as a first-degree misdemeanor, punishable by up to one year in jail and a fine up to $1,000.
2. Petit Theft (2nd Degree): Involves property valued at less than $100. It is classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine up to $500.
3. Grand Theft (3rd Degree): Involves property valued between $750 and $20,000; certain specified items such as firearms, motor vehicles, stop signs; or commercial farm animals. It is classified as a third-degree felony, punishable by up to five years in prison and a fine up to $5,000.
4. Grand Theft (2nd Degree): Involves property valued between $20,000 and $100,000; emergency medical equipment valued at $300 or more; or law enforcement equipment valued at $300 or more. It is classified as a second-degree felony, punishable by up to 15 years in prison and a fine up to $10,000.
5. Grand Theft (1st Degree): Involves property valued at $100,000 or more; cargo valued at $50,000 or more that has entered the stream of commerce from the shipper’s loading platform to the consignee’s receiving dock; or if the offender uses a motor vehicle as an instrumentality other than merely as a getaway vehicle. It is classified as a first-degree felony, punishable by up to 30 years in prison and a fine up to $10,000.

In Tampa, Florida, theft crimes are taken very seriously. If you have been charged with theft, it is vital to consult with a skilled and experienced theft crime lawyer who can help protect your rights and build a strong defense on your behalf.

What are the penalties for theft crimes in Tampa?

The penalties for theft crimes in Tampa vary depending on the value of the stolen property and the nature of the offense.

Penalties for Petty Theft

1. Petty theft involves stealing property valued at less than $750.
2. It is classified as a misdemeanor in Florida.
3. A conviction can result in up to 364 days in jail and a fine of up to $1000.

Penalties for Grand Theft

Grand theft involves stealing property valued at $750 or more.

1. It is classified as a felony and carries harsher penalties.
2. The severity of the penalties increases with the value of the stolen property, with potential imprisonment ranging from several months to many years.

In addition to imprisonment, fines can also be imposed, with amounts determined by the value of the stolen property. It is important to note that these penalties can have long-lasting consequences on your personal and professional life.

What are the consequences of a theft conviction in Florida?

A theft conviction can have serious and far-reaching consequences beyond the immediate legal penalties. Some of the long-term impacts include:

1. Difficulty obtaining employment: Employers often conduct background checks, and a theft conviction can make it challenging to secure a job.
2. Damaged reputation: A theft conviction can tarnish your personal and professional relationships.
3. Challenges in returning to school: A conviction may impact your ability to enroll in educational institutions or receive scholarships and financial aid.
4. Limited financial aid options: Due to a criminal record, financial aid options may be limited or denied.
5. Difficulty obtaining professional licenses: Many professional licenses require a clean criminal record, so obtaining certain licenses could become difficult.
6. Challenges maintaining a job: Aside from initial employment difficulties, maintaining a job can also become challenging with a criminal record.
7. Hurdles in renting an apartment: Landlords often perform background checks, making it harder to rent an apartment with a criminal record.
8. Impact on housing assistance eligibility: A criminal record could affect your eligibility for housing assistance programs.
9. Difficulties securing loans: Lenders may view you as a higher risk due to your criminal record, making it challenging to obtain auto or personal loans with favorable terms.
10. Severe implications for immigration status: A theft conviction can potentially lead to deportation or hinder naturalization processes for those concerned with their immigration status.
11. Negative impact on child custody rights: Family courts consider criminal records when making custody decisions, so maintaining or gaining more child custody or visitation rights could be negatively impacted.

Common Defense Against Theft Charges in Tampa

When facing theft charges in Tampa, building a strong defense is crucial. Several strategies can be employed to protect your rights and possibly reduce or eliminate the charges. Here are some common defenses used:

1. Lack of Intent

Explanation: Demonstrating that you did not intend to commit theft.
Application: Your attorney might argue that you mistakenly took an item believing it was yours. For example, this could occur in a situation where you accidentally picked up someone else’s phone at a party, genuinely thinking it was your own due to their similar appearance.

2. Consent

Explanation: Proving that the property owner consented to you taking or using the item.
Application: This could involve presenting text messages, emails, or even verbal agreements where the owner granted permission. For instance, if you borrowed a neighbor’s lawnmower with their approval through an email exchange, this evidence could be crucial in establishing consent.

3. Mistaken Identity

Explanation: Asserting that you were wrongly identified as the perpetrator.
Application: Presenting alibis, video evidence, or witness testimony to establish your whereabouts at the time of the alleged theft. You might show CCTV footage from a different location proving you were not present at the crime scene, or have witnesses testify that they saw you elsewhere during the incident.

4. Insufficient Evidence

Explanation: Arguing that the prosecution lacks enough evidence to prove guilt beyond a reasonable doubt.
Application: Challenging the credibility of witnesses or questioning the chain of custody for physical evidence. This might involve scrutinizing inconsistencies in witness statements or highlighting gaps in how evidence was handled and stored by law enforcement.

5. Duress

Explanation: Claiming that you were forced to commit theft under threat of harm.
Application: Providing evidence such as threats received through messages or witness accounts of coercion. If someone threatened your safety or your family’s safety if you did not steal an item, showing these threats can demonstrate duress. Documentation like threatening texts or affidavits from people who witnessed the threats can support your defense.

6. Entrapment

Explanation: Contending that law enforcement induced you to commit the crime.
Application: Demonstrating that police officers used overbearing tactics to entice you into committing theft, which you would not have otherwise committed. This could involve undercover officers pressuring you repeatedly until you relented, and proving this pressure can illustrate entrapment.

7. Mistake of Fact

Explanation: Showing that a misunderstanding led to the perceived theft.
Application: Illustrating scenarios where items were taken due to a misinterpretation of ownership, such as picking up someone else’s bag thinking it was yours. Suppose at a gym locker room, bags are identical and without malicious intent, you mistakenly take another person’s bag; this error can be clarified through honest testimony and corroborative witnesses who observed the confusion.

Each case is unique, and a skilled defense attorney will tailor these strategies to fit your specific circumstances, aiming for the best possible outcome in your situation.

Expert Tampa Theft Defense Attorney – Available 24/7!

Brian Palacios Law, a trusted Tampa theft defense attorney, understands the complexities of theft cases and can help you navigate the legal system. With years of experience in criminal defense, Brian Palacios will vigorously fight for your rights, exploring every possible avenue to build a robust defense strategy. Contact our office today for a FREE consultation and start building your defense against theft charges.

While it might be tempting to try to fight charges on your own, there are significant downsides to this approach. Without professional legal expertise, you may overlook critical aspects of your case, miss important filing deadlines, or fail to present the most compelling arguments in your defense. Additionally, navigating the intricacies of legal procedures without guidance can result in unintentional self-incrimination or acceptance of unfavorable plea deals.

An experienced attorney like Brian Palacios can help avoid these pitfalls by leveraging his knowledge and expertise to give you the best chance at a favorable outcome. Call (813) 461-3457 for a FREE consultation!