Theft

THEFT CRIME LAWYER IN DAYTONA BEACH

Experienced Defense Against Theft Charges in DeLand & Daytona Beach

In Florida, Statute 812.014 defines theft as knowingly and wrongfully taking, using, obtaining, or endeavoring to use another’s property with the intent to deprive the other and possess the property as their own. This is further divided into “petit” and “grand” theft. What changes the severity of the charge is the monetary value of the property in question, but a defendant may be facing additional consequences depending on the unique circumstances of their particular case, such as if any weapon was used to commit the theft and their prior criminal history.

All theft charges, however, should be taken seriously and it is in your best interest to not wait before you contact our theft crime attorney in Daytona Beach. Even if you are only charged with a misdemeanor petit theft, you could be facing consequences that may last a lifetime. You could be barred from certain jobs, educational opportunities, housing loans, and lines of credit. At Thompson Law, P.A., we make it our goal to help those accused of theft to get their charges reduced or dismissed whenever possible.

Contact our firm at (386) 280-4977 to schedule a free consultation. We are available 24/7 and have two convenient office locations in DeLand and Daytona Beach to best serve our clients.

How Can a Theft Crime Defense Attorney Help Me?

A theft crime defense attorney can help you in navigating the complexities of the legal system and defending against theft charges. Here are some ways an experienced attorney can assist you:

Legal Experience and Strategy: Theft crime laws can be intricate, with various degrees of severity and different potential penalties. An attorney understands these nuances and can develop a defense strategy tailored to your specific circumstances. They will analyze the evidence, identify weaknesses in the prosecution's case, and determine the best approach to defend you, whether through negotiation or trial.
Investigation and Evidence Gathering: A defense attorney will conduct a thorough investigation into the allegations against you. They will gather and scrutinize evidence, interview witnesses, and possibly work with private investigators or forensic experts to build a strong defense. This can be crucial in uncovering exculpatory evidence or discrepancies in the prosecution's case.
Negotiation and Plea Bargains: In many theft cases, an attorney can negotiate with the prosecution to reduce charges or secure a more favorable plea bargain. They can argue for lesser penalties, alternative sentencing, or even the dismissal of charges based on the circumstances of your case and your criminal history.
Court Representation: If your case goes to trial, having a skilled defense attorney is essential. They will represent you in court, presenting evidence, cross-examining witnesses, and making persuasive arguments to the judge and jury. Their courtroom experience and knowledge of legal procedures can significantly impact the outcome of your case.
Protection of Rights: Throughout the legal process, a theft crime defense attorney ensures that your constitutional rights are protected. They will ensure that you receive fair treatment and that any violations of your rights, such as illegal searches or coerced confessions, are addressed and challenged in court.
Mitigation of Consequences: If a conviction is unavoidable, a defense attorney can work to mitigate the consequences. They may advocate for leniency in sentencing, argue for probation or community service instead of incarceration, and help you explore options for rehabilitation programs that might positively influence the judge's decision.
Guidance and Support: Facing theft charges can be stressful and overwhelming. A defense attorney provides guidance and support throughout the legal process, helping you understand your options, the potential outcomes, and the steps involved in your defense. This support can be invaluable in helping you make informed decisions and feel more confident in your case.

Understanding Petit vs. Grand Theft in Florida

Petit theft involves taking property worth more than $100, but less that $750, while grand theft can be charged if the property in question was worth more than $1,000. In either case, the prosecutor must prove the following:

You took property that was owned by someone else
You took the property without that owner’s consent
You intentionally intended to temporarily or permanently deprive the owner of that property without their permission or consent
You moved and kept the property, even a short distance for a small period of time

Petit theft is generally charged as a misdemeanor punishable by one year of jail time and a maximum fine of up to $1,000, for first degree, or 60 days in jail or 6 months of probation and a $500 fine for second-degree petit theft. Petit theft may also be charged as a felony, with much steeper penalties, if the accused has prior convictions.

Grand theft can be charged as a first, second, or third-degree felony, with punishments ranging from 5 years in prison and a $5,000 fine, to 30 years in prison and a fine of $10,000. A felony conviction can also bar you from certain rights, such as the right to own a firearm, and prevent you from obtaining certain employment, educational, and housing opportunities in the future.

Defense Strategies for Theft Charges

There are many questions that can arise in Florida’s definition of theft, such as who was the owner versus who is the possessor or the property, was there intent, and what is the actual value of the property in question. Intent is especially important, as the act must be willfully or knowingly committed by the alleged perpetrator. This means that in order to prove you have committed the theft, the prosecution must also prove your intentions were dishonorable, and that you willfully used deception for malignant purposes. In reality, we have found that too often defendants are innocent simply because they happened to be in the wrong place at the wrong time, or they mistakenly believed an object to be a gift or a loan from the owner.

One of our lawyer’s strategies is to place reasonable doubt in the jury’s mind. If it cannot be proven that you willfully committed the theft, charging you with such a serious crime like theft is not only negligent, but a wrongful use of the justice system.

Types of Theft Crimes We Handle

In our decades of experience, we have successfully handled a number of theft charges. Some examples include:

Get Dedicated Legal Advocacy in Daytona Beach

No matter what charges you are facing, and no matter the challenges that lie ahead, you can rely on our dedicated Daytona Beach theft crime defense lawyer to offer aggressive, experienced, and personalized defense. At Thompson Law, P.A., we can counter the prosecution by scrutinizing the evidence and questioning the legality of how it was obtained. You can trust in us to vigorously fight for your rights so you can continue on with life as normal.

Call (386) 280-4977 or contact us online to get genuine support from our attorney.

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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson
Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.