Lakeland, FL Theft Criminal Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged theft crimes. Contact Theft Criminal Defense Attorney Ricardo Alvarez Today!

Call 863.709.0808 about your Petit Theft or Grand Theft Criminal Defense legal needs in Lakeland, Polk County, and Central Florida.

In the State of Florida, there are two types of Criminal Theft:

• Grand Theft: According to Florida Statute 812.014, the offense of grand theft occurs when a person knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property, and/or appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. In order to be charged as grand theft the value of the property or assets must be greater than $300.00.
• Petit Theft: According to Florida Statute 812.014, theft occurs when an individual knowingly and intentionally obtains or uses, or endeavors to obtain or to use the property of another with the intent of either temporarily or permanently depriving the rightful owner of the property to posses, use or benefit from the property. It is also considered theft if the individual who illegally confiscated the property did so to appropriate the property for their own personal or commercial, or the use and benefit of any other unauthorized person or persons. Petit Theft involves property or assets less than $300.00 in value.

In order for the prosecution to obtain a conviction for a theft crime, proof of a taking with the intent to steal must be proven beyond a reasonable doubt. If your defense attorney can show that you had a good faith belief in the right to the property it may warrant the charges to be dropped or dismissed. Additionally, the value of the property must meet the value standards of at least $300.00 at the time the property was allegedly stolen for a grand theft conviction.

The value of that which was allegedly taken must be what the value was the day it was allegedly taken, not the retail price the alleged victim paid when he or she originally purchased the items in question.

If you have been charged with a theft crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Petit Theft and Grand Theft Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›

Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense

CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›

What is the legal definition of theft in Florida?

The legal definition of theft in Florida encompasses the unlawful taking of someone else's property with the intent to either temporarily or permanently deprive them of it. Theft can involve a wide range of property, including money, goods, services, or even intellectual property. Florida law distinguishes between various degrees of theft, with petit theft being a misdemeanor and grand theft being a felony. The degree of the offense depends on factors such as the value of the stolen property, the manner in which it was stolen, and the offender's criminal history. Theft can include acts such as shoplifting, embezzlement, and burglary. The severity of the penalties for theft convictions in Florida varies, ranging from fines and probation to imprisonment, depending on the specific circumstances of the case.

What are the potential penalties for a theft conviction in Florida?

The potential penalties for a theft conviction in Florida depend on the degree of the theft offense and the value of the stolen property. For petit theft (theft of property valued at less than $750), which is a misdemeanor, penalties can include up to one year in county jail and fines of up to $1,000. For grand theft in the third degree (property valued between $750 and $20,000), a third-degree felony, penalties may include up to 5 years in prison and fines of up to $5,000. Grand theft in the second degree (property valued between $20,000 and $100,000) is a second-degree felony, punishable by up to 15 years in prison and fines of up to $10,000. Grand theft in the first degree (property valued at $100,000 or more) is a first-degree felony, carrying penalties of up to 30 years in prison and fines of up to $10,000. Additionally, theft convictions may also lead to restitution orders to compensate the victim for the value of the stolen property.

Can I negotiate a plea deal or settlement in a theft case in Florida?

Yes, plea deals or settlements are common in theft cases in Florida. Prosecutors often consider factors such as the strength of the evidence, the value of the stolen property, the defendant's criminal history, and other circumstances when deciding whether to offer a plea deal. Depending on the specifics of the case, a defendant may have the opportunity to negotiate for reduced charges or penalties in exchange for a guilty plea. For instance, a defendant charged with grand theft might negotiate to have the charge reduced to petit theft or receive a lighter sentence in exchange for restitution to the victim.

Is there a difference between theft and burglary in Florida?

Yes, there is a difference between theft and burglary in Florida. Theft is the unlawful taking of someone else's property with the intent to permanently deprive them of it. It can be committed without entering a structure or dwelling. On the other hand, burglary involves unlawfully entering a structure, dwelling, or conveyance with the intent to commit a crime inside, such as theft, assault, or other offenses. Burglary typically involves breaking and entering or remaining in a place unlawfully, and it is a more serious offense than theft due to the element of unlawful entry. The specific charges and penalties can vary depending on factors like the type of property involved, the presence of weapons, and prior criminal history.

What evidence can be used against me in a theft case in Florida?

In a theft case in Florida, various types of evidence can be used against you. This may include surveillance footage or eyewitness testimony, which can establish that you were at the location where the theft occurred. Physical evidence, such as fingerprints or DNA, may link you to the stolen items or the crime scene. Additionally, the prosecution may present any statements you made to law enforcement, store employees, or others, which could indicate your intent to commit theft. Your criminal history and prior convictions may also be introduced as evidence, especially if you have a history of theft-related offenses

Is there a difference between theft and robbery in Florida?

Yes, there is a difference between theft and robbery in Florida. Theft, often referred to as larceny, is the unlawful taking of someone else's property with the intent to permanently deprive them of it. Theft can be a misdemeanor or felony, depending on the value of the stolen property and other factors. On the other hand, robbery involves the use of force, violence, assault, or the threat of harm during the commission of a theft. Robbery is a violent crime, and it is considered a felony in Florida. The key distinction is that robbery includes the element of force or intimidation, making it a more serious offense with harsher penalties compared to theft.

Are there any alternatives to jail time for theft offenders in Florida?

Yes, there are alternatives to jail time for theft offenders in Florida. Depending on the circumstances of the case, individuals charged with theft may be eligible for diversion programs, probation, community service, restitution, or pretrial intervention programs. Diversion programs offer offenders an opportunity to complete rehabilitation or educational programs, counseling, or community service in exchange for having their charges dropped or reduced. Probation allows offenders to serve their sentences in the community under supervision, while community service requires them to perform unpaid work for the benefit of the community. Restitution may be ordered to compensate victims for their losses. Pretrial intervention programs provide a chance for first-time offenders to avoid conviction by completing specific requirements. These alternatives aim to address the underlying issues of the offender while reducing the burden on the criminal justice system and offering a chance for rehabilitation.

Is it still considered theft in the State of Florida if I can prove the item or items taken legally belonged to me?

No, in the State of Florida, if you can demonstrate that the item or items taken legally belonged to you and you had a rightful claim to them, it would not be considered theft. Theft, legally known as larceny, involves unlawfully taking someone else's property without their permission and with the intent to deprive them of it permanently. If you have evidence to support your rightful ownership of the items in question, it can serve as a strong defense against theft charges. However, it's crucial to provide this evidence during the legal process to demonstrate that no criminal intent was involved in your actions, and the items were rightfully yours. An experienced criminal defense attorney can help you navigate the legal proceedings and present your case effectively.

Can I have my theft conviction expunged or sealed in Florida?

In Florida, you may be able to have a theft conviction expunged or sealed under certain circumstances, but it's essential to understand the eligibility criteria and the process involved. Expungement and sealing are not typically available for convictions; they are usually reserved for cases where charges were dropped, dismissed, or where you were acquitted. However, if you received a withhold of adjudication for a theft offense (meaning you were not formally convicted), you might be eligible to have your record sealed. The eligibility criteria and procedures can be complex, and it's highly recommended to consult with an experienced attorney who can assess your specific situation, guide you through the process, and help determine if expungement or sealing is a viable option for your case. Keep in mind that even with a sealed record, certain entities, such as law enforcement agencies and some employers, may still have access to your criminal history.

Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808

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