Facing a Theft Crime Charge in Miami?
Any criminal convictions can have life-long consequences. A person convicted of a crime may suffer negative repercussions throughout life, including being denied certain jobs. In Florida, criminal charges are classified as either a felony offense or a misdemeanor charge. Generally, the major distinction between a misdemeanor and a felony is the maximum punishment you can receive if you are convicted.
Under Florida Statute § 775.082, a second-degree misdemeanor carries up to 60 days in jail, while a first-degree misdemeanor carries up to one year. The ordinary maximum prison terms are five years for a third-degree felony, 15 years for a second-degree felony, and 30 years for a first-degree felony. Some first-degree felonies are punishable by life imprisonment, and sentencing enhancements can increase the usual maximums.
Even if you avoid jail, a conviction can affect your employment and other parts of your life.
What Makes Theft Crime Charges Different
Certainly, some of the most severe criminal offenses are violent crimes like murder or armed robbery, which can carry even more severe sentences than a first-degree felony. But among the less serious crimes that involve property rights or property laws, theft offense convictions can be the most damaging because they involve deceptive and dishonest behavior. Even a conviction for common theft crimes like retail theft or shoplifting can end up haunting someone for the rest of their life.
Consequences of a Theft Crimes Charge
If you are adjudicated guilty of theft, the record generally cannot be sealed or expunged through Florida’s ordinary court procedures. If adjudication is withheld or the charge is dismissed, you may qualify for record sealing or expungement, depending on your criminal history, the charge, and how the case ended. A theft conviction can also affect your employment and housing. A theft conviction can cause problems in your ability to obtain specific licenses that screen applicants for negative traits like stealing and dishonesty. Under the law, a theft crime conviction can even be grounds for someone to disbelieve your testimony in court.
A theft conviction can make it harder to obtain work involving money, valuable property, or access to customers’ homes. Its effect depends on the job, any licensing rules, and the employer’s policies.
For non-U.S. citizens, the risks can be even greater. Theft charges may create serious immigration consequences for non-citizens, including possible deportation, inadmissibility, denial of naturalization, or problems renewing lawful status.
Theft Crimes Defense in Miami-Dade County
An experienced criminal defense lawyer can assess the evidence and explain whether to fight the charge or pursue another resolution. Eligible defendants may qualify for pretrial diversion programs for first-time offenders, which can lead to dismissal after successful completion. In a petit theft case, your attorney can weigh diversion against the available defenses and the terms of the program.
If fighting your case in court is your best option, a skilled and knowledgeable criminal defense attorney can help you present the best defense possible to increase the chances of the jury finding reasonable doubt. Regardless, your best course of action is to hire an experienced theft defense lawyer as soon as possible to avoid a black mark on your record and move on with your life.
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