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If you or someone you know is facing theft crime charges of any kind, you may be in danger of facing years of imprisonment, fines, and other serious criminal penalties if you are convicted. From shoplifting allegations to an arrest for robbery, burglary, or grand theft, the Miami theft crime defense attorneys at the Law Office of Michael Mirer, P.A. are fully equipped to protect your best interests.
What is Theft?
The basic definition of theft is taking the property of another person. To further explain the criminal definition of this offense, it would include any action taken to deprive another person of property without their knowledge and/or consent and with the intent of permanently denying the person of its use. Theft crimes encompass a broad number of criminal offenses, all related to misappropriating property or funds, stealing property, or committing fraud.
Our Miami Theft Lawyer Can Help Fight Allegations of Any of the Following and More:
- Grand Theft
- Petit Theft
- Dealing in Stolen Property
- Motor Vehicle Theft
- Money Laundering
- Organized Fraud
- Worthless Checks
- Computer Fraud
- Identity Theft
What is Larceny in Florida?
Many theft crimes may also be referred to as "Larceny," a legal term referring to the criminal offense of taking another's property with the intention of temporarily or permanently depriving them of its use without the victim's knowledge and/or consent.
Shoplifting Is a Form of Larceny, as Are Violent Theft Crimes Such As:
Larceny may be classified as grand larceny or petit larceny, depending on the value and type of property taken.
What are the Penalties for Theft Crimes in Florida?
The nature of the offense, whether a weapon was involved, the defendant's prior criminal record, whether anyone was injured, and the value of the property involved will all affect the potential penalties that a defendant may face for a theft crime conviction in Miami, Florida.
The penalties an individual will face for a theft charge will depend upon whether or not the offense was violent in nature and other factors. For example, robbery and burglary are committed through the use of force or violence, and therefore these charges carry more severe penalties.
Although the specific penalties for a theft crime conviction may vary, the basic criminal penalties that may be enforced are imprisonment in county jail or state prison, fines, and probation. However, a defendant may also face possible drug or alcohol treatment if his or her offense is related to drug or alcohol abuse.
Defenses Against Theft Crime Charges
While every case is unique, some common defenses against theft crime charges may include the following:
- Lack of Intent: If you can show that you had no intent to steal or commit a theft crime, it can be a strong defense. For example, if you accidentally walked out of a store with unpaid merchandise, and you genuinely didn't mean to steal it, this defense could be applicable.
- Mistaken Identity: If you can prove that you were wrongly identified as the perpetrator, it can be a valid defense. Witnesses can sometimes make mistakes, and surveillance footage may not be conclusive.
- Consent: If you had permission from the alleged victim to take the property in question, it could be a strong defense. For example, if you borrowed something with the owner's consent, and they later claimed it was stolen, you may have a valid defense.
- Ownership Dispute: If there's a genuine dispute over who owns the property, it can be a defense. This might occur in cases where property was jointly owned, and there's a disagreement over who has the right to it.
- Lack of Evidence: If the prosecution cannot prove all the elements of the theft crime beyond a reasonable doubt, it may result in an acquittal. This could be due to insufficient evidence, unreliable witnesses, or a lack of credible testimony.
- Alibi: If you can provide evidence that you were in a different location at the time of the alleged theft, it can be a strong defense. This is known as having an alibi.
- Duress: If you can demonstrate that you committed the theft under the threat of serious harm or death, it may be a valid defense. You must show that you had no reasonable alternative but to commit the theft to protect your safety.
- Entrapment: If law enforcement or an agent of the state induced or coerced you into committing the theft, it may be considered entrapment, which is a defense in some cases.
- Constitutional Violations: Any violations of your constitutional rights, such as an illegal search and seizure or a Miranda rights violation, could lead to evidence being excluded from your case.
Contact Our Theft Crimes Attorney in Miami Today
Involving a lawyer is important, and we highly suggest that you do this as early in the criminal process as possible. You may be in danger of facing serious criminal penalties and even up to years in prison if you are convicted.
The failure to act quickly and involve a Miami theft crime lawyer may come back to haunt you if you are found guilty or if you accept a plea bargain that is not truly in your best interests.