Theft crimes in Jacksonville can occur when an individuals takes another person’s property. Theft can also be known as larceny, shoplifting, petit theft, grant theft and petty theft.
Often, these offenses occur by mistake. For example, an individual who accidentally or mistakenly walks out with an item from a store can be charged with stealing, shoplifting or another theft crime. Even if the theft crime resulted from a mistake, the State will prosecute the charges to the fullest extent of the law.
If an individual has been charged with even a minor theft offense, they can still face severe penalties and repercussions. These types of offenses are commonly known as crimes of dishonesty and can ultimately result in an inability to pursue certain professional occupations or licenses or in ineligibility for admittance to certain colleges or graduate school programs.
If you have been charged with any theft offense in Jacksonville, or any of the surrounding areas in Florida, including Jacksonville Beach, St. Augustine, Orange Park, or Fernandina Beach, contact Roelke Law, P.A. Bill Roelke is knowledgeable in all areas of Florida’s theft and shoplifting laws and will make every effort to fight the allegations against you. Call Roelke Law today for a free consultation at (904) 354-0333 about your theft charges.
The following theft offenses are commonly prosecuted throughout Jacksonville:
Petit Theft – Fla. Stat. § 812.014 – An individual can be charged with this offense if they knowingly take someone else’s property with the intent to keep it. A conviction for this offense can result in a misdemeanor of the first or second degree, or a felony of the third degree.
Petit theft can either be in the first or second degree depending on the amount of the property stolen. First degree petit theft occurs when an individual takes property valued between $100 and $300. Any other item taken that is not classified as petit theft in the first degree or grand theft is classified as petit theft in the second degree.
Grand Theft – Fla. Stat. § 812.014 – An individual can be charged with this offense if they knowingly take someone else’s property with the intent to keep it and the property is valued at $300 or more. A conviction for this offense can result in a felony of the third, second or first degree.
Grand theft can be in the first, second or third degree, depending on the amount of the property stolen. First degree grand theft occurs when an individual takes property valued at $100,000 or more. Grand theft in the second degree occurs when an individual takes property valued between $20,000 and $100,000. Third degree grand occurs when an individual takes property valued between $300 and $20,000.
Shoplifting – Fla. Stat. § 812.015 – An individual can be charged with this offense if they intentionally take or steal a retail item from a store, change or remove any labels or tags, or put any item in a different container or packaging. A conviction for this offense can result in a felony of the first or second degree.
Carjacking – Fla. Stat. § 812.133 – An individual can be charged with this offense if they intentionally take a car or motor vehicle from another person to permanently deprive the person of the motor vehicle. This offense is also commonly known as grand theft auto. A conviction for this offense can result in a felony of the first degree.
The general penalties and punishments for theft are provided for in Fla. Stat. §§ 775.082, 775.083 and 775.084. However, these punishments can vary depending on a number of factors, such as whether the alleged offender used a weapon during the commission of the offense, the value of the property allegedly stolen, whether the alleged offender has a previous theft conviction and/or whether the alleged offender is considered a habitual criminal or a habitual violent criminal. The minimum statutory penalties are as follows:
An individual who has been charged with petit theft in the second degree can receive a conviction for a misdemeanor of the second degree. This degree of offense can result in up to 60 days in jail and/or a fine up to $500.
An individual who has been charged with petit theft in the first degree can receive a conviction for a misdemeanor of the first degree. This degree of offense can result in up to one year in jail and/or a fine up to $1,000.
An individual who has been charged with shoplifting $300 or more of property or grand theft in the third degree can receive a conviction for a felony of the third degree. This degree of offense can result in up to five years in prison and/or a fine up to $5,000.
An individual who has been charged with shoplifting $3,000 or more of property or grand theft in the second degree can receive a conviction for a felony of the second degree. This degree of offense can result in up to 15 years in prison and/or a fine up to $10,000.
An individual who has been charged with carjacking or grand theft in the first degree can receive a conviction for a felony of the first degree. This degree of offense can result in up to 30 years or life in prison and/or a fine up to $10,000.
In addition to any criminal penalties for a theft conviction, an individual can possibly be subjected to civil penalties, according to Fla. Stat. § 772.11. Under this statute, anyone who proves by clear and convincing evidence they have been a victim of theft or shoplifting is entitled to pursue civil remedies.
The individuals who typically pursue this type of remedy are store owners or merchants who will send a demand letter to the alleged shoplifter demanding payment for the stolen merchandise. If the alleged shoplifter does not pay the amount within 30 days, the store can then pursue legal action. Although this sounds threatening, many large stores will not actually pursue a lawsuit, as it is not worth their time or money to try and recover civil damages from someone who likely won’t be able to pay the penalty.
However, if you have received a civil demand letter or have been accused of theft or shoplifting charges, it is imperative to contact an experienced Jacksonville theft lawyer who will advise you based on the facts of your particular situation.
Florida Statutes Online – Chapter 812 of the Florida Statutes provides information on the state’s theft laws, including offenses and penalties for crimes, such as petit theft, grand theft, shoplifting and carjacking.
Florida Shoplifting and Petty Theft Course – This course is provided by the Florida Safety Council, a non-profit organization that promotes safety throughout the state. The shoplifting and petty theft course was designed for offenders to examine their behavior and to learn how to take the steps to make positive changes in their lives.
Kleptomaniacs and Shoplifters Anonymous – This national organization, also known as CASA, is for individuals who suffer from addictive-compulsive behavior to meet with other individuals who also have addictive-compulsive behavior problems in order to counsel and support each other in overcoming their addictions.
National Association for Shoplifting Prevention – This national organization, also known as NASP seeks to prevent the recurrence of shoplifting and develop new initiatives to reduce shoplifting.
Contact Roelke Law today for a consultation about your theft crime throughout Duval County in Florida. Bill Roelke is an experienced Jacksonville criminal defense lawyer who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact Roelke Law at (904) 354-0333 for a consultation about your theft allegations throughout Duval County and the surrounding counties in Florida, including St. Johns County, Nassau County and Clay County.
