Theft Attorneys in Miami, FL

At The Edelstein Firm, we understand the serious consequences that can result from a theft arrest or conviction. Any conviction can negatively impact every aspect of your life, from your reputation and career to your family life and personal relationships. That is why it is so important that you choose theft attorneys in Miami, Florida, with the necessary skill and experience to help you avoid jail time, a criminal record, and these potential life-long negative consequences.

Most theft cases are prosecuted in state court, although some conduct can also lead to federal criminal charges. Under Florida law, theft includes knowingly obtaining, using, or trying to obtain or use another person’s property with the intent to deprive that person of a right or benefit, or to put the property to an unauthorized use. The intended deprivation may be temporary or permanent. Theft can involve deception, but false statements or trickery are not required in every case. Some conduct may also support separate fraud charges.

The most common theft offenses are shoplifting (also referred to as “retail theft”), petit theft, and grand theft. Technically speaking, there is no crime called “shoplifting” under Florida law. A shoplifting offense can be charged as a “retail theft” under Florida Statute 812.015, but is most often charged as either petit theft or grand theft. Taking property from another person or that person’s custody through force, violence, assault, or putting the person in fear may constitute robbery, a separate violent offense.

Common Theft Charges We Defend in Miami

We commonly defend clients in Miami facing the following theft charges:

• Shoplifting
• Petit Theft
• Grand Theft
• Dealing in Stolen Property
• Employee Theft

Types of Theft: Misdemeanor vs. Felony Charges

Florida Statute § 812.014 generally classifies theft by the value of the property. Unless a special rule applies, property worth less than $100 supports second-degree petit theft. Property worth $100 or more but less than $750 supports first-degree petit theft. Both are misdemeanors.

Different rules apply when property is taken from a dwelling or its unenclosed curtilage, meaning certain surrounding grounds. Theft of property worth $40 or more but less than $750 from either location is third-degree grand theft. If the property is worth less than $40, the offense is generally first-degree petit theft; a prior theft conviction can make that offense a felony.

Under the ordinary value-based rules, theft of property worth $750 or more but less than $20,000 is a third-degree felony, punishable by up to five years in prison. Higher values can support more serious felony charges. The type of property, prior theft convictions, and other facts can also affect the charge.

Degrees of Felony Theft

The type of property can make theft a felony even when its value is low. Theft of a firearm or motor vehicle generally supports a third-degree grand theft charge, although other statutory rules can raise the degree. For example, theft of a firearm is second-degree grand theft when the defendant has a prior conviction for grand theft of a firearm.

The ordinary value-based degrees of grand theft are:

• First Degree – The property value is $100,000 or more
• Second Degree – The property value is $20,000 or more but less than $100,000
• Third Degree – The property value is $750 or more but less than $20,000

Theft Penalties

Second-degree petit theft ordinarily carries up to 60 days in jail and a $500 fine. First-degree petit theft ordinarily carries up to one year in jail and a $1,000 fine.

Under Florida’s general repeat-theft rules, petit theft with one prior theft conviction is a first-degree misdemeanor. Petit theft with two or more prior theft convictions is a third-degree felony, ordinarily punishable by up to five years in prison and a $5,000 fine. Separate rules can make theft from a dwelling or its unenclosed curtilage a felony with only one prior theft conviction.

These are the ordinary penalties. Other sentencing provisions can apply, and fines may be higher where the law permits.

The degree of grand theft directly correlates to the felony degree of the crime. For example, grand theft in the first degree is classified as a first-degree felony. A first-degree felony is punishable by a maximum of 30 years in state prison.

Civil Penalties for Theft Crimes

A theft allegation can also lead to a civil claim under Florida Statute § 772.11. A claimant who proves injury from a qualifying theft violation by clear and convincing evidence may recover three times the actual damages sustained, with minimum damages of $200, plus reasonable attorney’s fees and court costs.

Before filing suit, the claimant must make a written demand for $200 or three times the claimed actual damages. A person who complies with the demand within 30 days after receiving it must receive a written release from further civil liability for that specific act.

A civil demand is separate from a criminal case. Paying it does not resolve criminal charges, and receiving it does not mean criminal charges will follow. Whether a civil claim is valid, and what damages may be recovered, depends on the facts. Do not assume that a demand establishes liability or that the store can automatically recover three times the merchandise’s price.

Theft Defenses

The right defense depends on what happened and what the State can prove. Possible defenses include:

• An honest belief that you owned the property or had the right to use it.
• The owner’s consent to the particular use or taking.
• Lack of the intent required for theft.
• Mistaken identity or insufficient proof that you committed the alleged act.
• Insufficient proof of the property’s value to support the degree charged.

Joint ownership does not automatically defeat a theft charge. A dispute over value may reduce the charge without eliminating it.

Contact an Experienced Theft Lawyer in Miami

Whether you or a loved one has been arrested or is under investigation, it is critical to consult with an experienced theft lawyer in Miami as soon as possible to ensure that your rights are protected. An experienced theft defense attorney can assess the evidence, explain your options, and work toward a favorable outcome.

Over the years, our defense lawyers have represented hundreds of clients facing criminal charges. Browse our criminal case results for examples of cases we have handled and outcomes we have obtained. Each case depends on its own facts; past results do not guarantee a similar outcome.

By hiring an attorney to defend yourself immediately, you are minimizing the chances that your theft case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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