Theft

Theft Criminal Defense in Estero, FL

Theft is a serious property crime that can net a defendant time in jail, among other penalties. Theft, also called “larceny,” basically consists of taking another person’s property unlawfully. Thousands of people are charged with theft, but many times defendants are not guilty of the offense.

If you have been accused of larceny, contact our Estero theft lawyer today. There are ways to fight these charges, but the sooner you reach out to a lawyer the better.

Examples of Theft

Theft statutes covers a wide array of conduct, but all theft involves taking someone else’s property without legal justification and can include:

• Snatching a woman’s purse and running away with it
• Removing items from your neighbor’s garage
• Taking items from the office home

Theft can also include taking items even if they were entrusted to you. For example, your neighbor might have let you borrow their car, but you then take it and never return it.

Theft also covers any stealing that relies on using fraud or false pretenses. For example, you could lie that you represent a charity and convince people to give you money.

Penalties for Theft

The penalties depend largely on the value of the property stolen. If the property is valued at $950 or less, a person can be charged with petty larceny. Punishment includes up to six months in jail and up to $1,000 fine.

For property valued at less than $50, a defendant might be charged with an infraction, which can result in a $250 fine. Judges can also issue alternative penalties. The prosecutor will determine what penalties to seek based on the defendant’s criminal history.

Grand larceny covers any theft of property valued at over $950. A defendant can face time in jail/prison between 6 months and 3 years.

Defending against Theft Charges

An accusation of theft is not the same as a conviction, and many defendants can raise strong defenses. Prosecutors always have the burden of proving the defendant guilty of the crime beyond a reasonable doubt, and many theft cases are shakier than they first appear.

At our firm, the defenses we raise depend on the facts. Some of the more common include:

• Consent. If the owner gives permission for a person to take property, then it is not theft. Of course, a defendant cannot exceed the consent. For example, the owner might let you borrow something for a week. If you keep it for a month without returning it, you have exceeded the consent.
• Legal right of possession. It is not a crime to take property you have a legal right to. If you actually own the item, then it’s perfectly legal to take it back.
• Mistaken identity. You might not have been the person who took the property. Even surveillance video is grainy and often conceals more than it reveals.
• Lack of intent. You might not have intended to steal the property. Instead, you might have only been moving something out of the way without an intent of running off with it.

We can also dispute the value of the goods allegedly stolen. In this way, a felony charge could be reduced to a misdemeanor, which should carry a lighter sentence.

Contact Our Estero Theft Lawyer Today

We have defended many men and women charged with theft. Please call us today to schedule a free consultation with a team member.