Miami Theft & Shoplifting Attorney
Theft and shoplifting are serious offenses in the state of Florida. Conviction can result in imprisonment, fines, or even the seizure of valuable property under asset forfeiture laws. The prospect of such serious penalties requires the help of a knowledgeable and experienced Miami theft & shoplifting attorney who can successfully challenge the prosecution’s case with a strong and persuasive defense. Jeffrey S. Weiner is a board-certified specialist in criminal trial advocacy with the knowledge and skills necessary to prepare and present a successful defense in cases involving theft and shoplifting charges.
What is Theft?
A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with the intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property; or
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
Theft crime classifications in the state of Florida include:
- Theft from persons 65 years of age or older;
- Use of a fraudulently obtained or false receipt;
- Dealing in stolen property; and
- Dealing in stolen property by use of the Internet.
What is Shoplifting?
In Florida, shoplifting is referred to as retail theft; it can be committed in several ways, including:
- Taking possession of the property of a merchant;
- Carrying away the property of a merchant;
- Changing or altering labels or price tags; or
- Relocating merchandise from one container to another.
Shoplifting classifications in the state of Florida include:
- Second degree petit theft;
- First degree petit theft;
- Third degree grand theft;
- Second degree grand theft; and
- First degree grand theft.
Each classification is a factor of the value of the property in question, the existence of any prior convictions, and whether or not there was any property damage and personal injury. Contact our Miami shoplifting attorneys for more information.
Penalties for Theft Crimes
For petit theft, a second degree misdemeanor, punishment may include a sentence of imprisonment for up to 60 days and a fine in an amount up to $500. If the defendant has a prior conviction for petit theft, the state may prosecute this crime as a first degree misdemeanor, thereby raising the punishment ceiling to a sentence of up to one year and a fine up to $1,000. With the three degrees of grand theft, potential fines and sentences can escalate to tens of thousands of dollars and decades in prison, respectively.
Are there Defenses to Theft Charges?
There are three defenses to theft charges in Florida:
- Involuntary intoxication;
- Consent given by the property owner; and
- Good faith belief of ownership or right to possess the property.
Save Your Liberty and Reputation, Contact Our Experienced Miami Theft & Shoplifting Attorney
An arrest or conviction for theft or shoplifting can result in loss of reputation, fines, asset seizure, or even imprisonment. If you have been arrested for a theft-related crime in Florida, contact the law office of Jeffrey S. Weiner P.A. in Miami for advice and representation from a knowledgeable, skilled, and experienced Miami theft & shoplifting attorney.