Marco Island Theft Lawyer

MARCO ISLAND THEFT ATTORNEY

The consequences for committing theft can vary widely based on the severity of the theft offense. Florida has relatively harsh laws regarding theft, and prosecutors are known for being aggressive when they pursue these types of cases. It can be helpful to work with a Marco Island theft lawyer. They can navigate your theft case and make sure you have a fair chance of achieving a positive outcome in court.

At the Law Office of Donald P. Day we are dedicated to getting your case dismissed when possible and mitigating possible penalties when a conviction can’t be avoided.

TYPES OF THEFT AND PENALTIES IN FLORIDA

The types of theft in Marco Island, Florida include petit theft, grand theft, and retail theft. They each have their own penalties, depending on their severity.

Petit Theft

The lowest theft offense in Florida is petit theft, otherwise known as petty theft. This level of theft is typically a misdemeanor, with penalties including jail time and a fine.

• Second degree: If someone steals property that holds less than $100 in value, that person can face not only a maximum of 60 days in jail but also a fine of $500.
• First-degree: Stolen property that has a value of at least $100, but no more than $749, would subject the offender to a first-degree petit theft charge. If convicted of such an offense, the person could face up to one year in jail time and a fine of $1,000.

Grand Theft

Grand theft is a felony crime in the state of Florida and can have serious consequences for the offender if there is a conviction.

• Third degree. Grand theft in the third degree consists of several theft offenses, including theft of property between $750 and $19,999 in value, property stolen from inside or around a person’s house that has a value of between $100 and $750, and more. Penalties include up to five years in prison and a fine of up to $5,000.
• Second degree. Some offenses that constitute second-degree grand theft include stealing property that holds a value of between $20,000 and $100,000 and stealing police or emergency medical equipment that costs at least $300. Prison time up to 15 years and a fine of up to $10,000 are the penalties for a second-degree felony.
• First degree. A first-degree grand theft charge is the most serious theft offense in Florida. It includes stealing property with a value of at least $100,000 and grand theft involving the use of a vehicle for something other than a getaway car. A person convicted of a first-degree felony can be penalized with up to 30 years in prison and a possible $10,000 fine.

Retail Theft

Shoplifting is classified under the general penalties of theft but has some specific criminal and civil penalties. Shoplifters who are repeat offenders can be ordered by the court to pay between $50 and $1,000 in fines or do community service. Using an anti-shoplifting device is a third-degree felony.

In terms of civil penalties, someone who engages in theft may have to pay the victim three times the value of the damages or $200, depending on which is the greater amount. They may also have to repay the victim for any fees that went toward a lawyer or court.

Charges and penalties for all types of theft can be influenced by other factors, too, which can change the strategy your attorney may use to defend you. For example, you can expect harsher penalties if you have a criminal history or caused damage to property. Committing theft during a declared state of emergency or a riot can also trigger higher charges.

Any aggravating factors could influence the severity of the punishment, such as burglary or robbery, which could be a violent crime if it includes an assault. Collier County is in the first quartile for robbery in Florida, which means there are more robberies in approximately three-quarters of other Florida counties. That said, in 2024, the Marco Island Police Department received 71 reports of theft in Marco Island, with five in December alone.

It’s important to understand the severity of your charges so you know how to defend yourself in court. A Marco Island theft lawyer can guide you and build a defense to secure a fair outcome in court.

POSSIBLE DEFENSES IN A THEFT CASE

Theft can be charged as a misdemeanor or a felony, but the penalties can be life-altering, regardless of how you are charged. It can be highly beneficial to work with a Marco Island theft lawyer to build a strong defense on your behalf. A skilled attorney can defend you against theft charges with the following strategies:

• Claim of ownership. The person charged with theft has a reasonable belief that the property belongs to them.
• Entrapment. The accused can make the claim that they only committed theft because law enforcement convinced them to do so. Otherwise, they would not have done it.
• Consent. If the accused party was explicitly given consent by the owner to take the property, this could be a defense.
• Lack of intent. If there was no intention to deprive the owner of their property or keep the property from the owner for any period of time, it can be argued that there was no theft.

For any charges involving theft, hire a criminal defense lawyer who knows which defenses could benefit your case. An attorney can work to negotiate a plea deal, get your charges reduced or dropped, and defend you in court.

FAQs About Marco Island Theft Laws

Q: What Is the Law on Theft in Florida?

A: According to Florida statutes, someone commits theft if they knowingly take, use, or attempt to take or use another person’s property for themselves or someone else. Intending to deny a person the right to their property is also theft. The penalties for theft can vary based on the type of theft committed and if there are any aggravating factors.

Q: Is Theft a Felony or Misdemeanor in Florida?

A: Theft can qualify as either a felony or a misdemeanor in Florida. Classifying the offense as one or the other depends on a few factors of the case, including how many times the offender has committed theft in the past and what kind of theft was committed. Petit theft is usually classified as a misdemeanor, while grand theft is classified as a felony.

Q: Do First-Time Shoplifters Go to Jail in Florida?

A: It is entirely possible for a shoplifter to receive jail time in Florida, even if it is their first offense. Petit theft carries the lowest jail sentence of up to 60 days for stealing things that have less than a $100 value. The amount of jail time one receives for a first-time theft is based on the specifics of their case and the ability of their attorney to advocate on their behalf.

Q: How Long Do You Have to Press Charges for Theft in Florida?

A: The statute of limitations for theft depends on how severe the theft offense was. In Florida, misdemeanors in the first degree have a statute of limitations of two years, while misdemeanors in the second degree have a statute of limitations of one year. Felony theft offenses in the first degree typically have a statute of limitations of four years, while second and third-degree felony offenses have one of three years.

Q: What Is the New Theft Law in Florida?

A: House Bill 549, which was passed in 2024, enacted several new Florida theft rules. This new law:

• Lowers the minimum limit for grand theft of the third degree
• Introduces new grand theft offenses
• Increases penalties for petit theft of the first degree and petit theft with prior convictions
• Requires people convicted of retail theft to pay restitution
• Prohibits retail theft through social media solicitation
• Made multiple revisions to the law for retail theft

Q: How Much Money Do You Have to Steal for It to Be a Felony in Marco Island?

A: Along with the rest of Florida, the threshold for felony theft, or grand theft, in Marco Island is $750. If you steal between $750 to $19,999, you can be charged with a third-degree felony. Furthermore, theft of between $20,000 and $99,999 is a second-degree felony, while any amount over $100,000 is a first-degree offense.

Q: How Do You Beat a Grand Theft Charge in Marco Island?

A: Beating a grand theft charge can be challenging, but it is possible. Some possible avenues your attorney can explore to defend you against your charge involve:

• Arguing that you had consent to use the “stolen” property
• Challenging the validity of the evidence presented in court
• Proving that the value of the property you stole is less than $750
• Showing that you did not intend to commit theft

Q: How Do I Get a Petty Theft Charge Dismissed in Marco Island?

A: If you want to successfully fight a petty theft charge, working with a Marco Island theft lawyer can give you a big advantage. One of the most common methods for getting these charges dismissed is through a pre-trial intervention program, also known as a diversion program. Alternatively, you could beat your charges by negotiating a plea bargain or building a strong enough defense that effectively challenges the prosecution.

REACH OUT TO A MARCO ISLAND THEFT LAWYER TODAY

If you or someone you know has been charged with theft, you’ll want a skilled lawyer on your side. Contact the Law Office of Donald P. Day for legal assistance. With a combined 45 years of experience handling criminal cases, our team has the skill set and the knowledge to confidently serve you.