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West Palm Beach Theft Attorneys

Theft Attorneys in West Palm Beach

Theft in Florida is a broad term used to describe the unauthorized taking or use of someone else’s property. This can encompass crimes like larceny, stealing, misappropriation, and conversion. For a prosecutor to secure a conviction for theft, they must prove that you intended to take or use the property with the aim of permanently depriving the owner of it. Each theft case is unique, and the stakes can be high depending on the circumstances.

In more complex cases, theft charges are often linked to other crimes. For instance, wire fraud may be involved, especially when the theft occurs in a business or financial context. These additional charges can complicate the defense, making it even more important to have a robust general criminal defense strategy in place. Understanding the full scope of the accusations is the first step in crafting a strong defense.

The severity of theft charges can escalate quickly if other factors are present. For example, the use of firearms or other weapons during the commission of a theft can elevate the charge to a more serious offense, carrying far harsher penalties. In situations where the theft leads to violence, it could result in additional charges, such as homicide, further increasing the legal stakes.

Moreover, if the theft case crosses state lines or involves federal property, it could be prosecuted at the federal level, where the penalties are often much more severe than those for state-level offenses. No matter the complexity of the theft charges, having a defense team that understands how to fight both state and federal cases is crucial to protecting your rights and your future.

Allegations of theft are among the most commonly charged crimes in Florida. There are many ways these crimes can be charged, and just as many defenses that can be deployed by an experienced West Palm Beach criminal defense lawyer.

Florida theft Charges and Penalties

Theft charges in Florida are filed as either petit theft or grand theft.

  • First Degree Petit Theft: Under Florida Statute 812.014(2)(e), is defined as criminal theft of property worth more than $100 but less than $750, or theft of property by someone who has a prior theft conviction. It must be proven a defendant took the property of another to deprive the person of the right or benefit of the property, or to personally use the property of another to which they are not entitled. It is a first-degree misdemeanor punishable by up to 1 year in jail, 1 year of probation and a $1,000 fine.
  • Second Degree Petit Theft: Under Florida Statute 812.014(2)(e), second degree petit theft is theft of property worth less than $100. Penalty is up to six months in jail, six months of probation and a fine of up to $500.
  • First Degree Grand Theft: Under Florida Statute 812.014(2)(c), the charge of grand theft alleges depriving an owner of property valued at more than $750. First degree grand theft is charged for property valued at more than $100,000 or shipping cargo worth more than $50,000. It is a first degree felony with a mandatory minimum sentence of 21 months in prison and a maximum sentence of 30 years in prison, 30 years of probation and a $10,000 fine, as well as restitution.
  • Second Degree Grand Theft: Charged when the value of property is worth more than $20,000 but less than $100,000, shipping cargo worth less than $50,000 or emergency medical equipment worth more than $300. Second degree felony punishable by up to 15 years in prison, 15 years probation and a $10,000 fine.
  • Third Degree Grand Theft: Charged for property worth more than $750 but less than $20,000, a controlled substance, a firearm, a motor vehicle, estate theft, or theft of anything of value by a restaurant or hotel employee. Third degree felony punishable by up to 5 years in prison, 5 years of probation and a $5,000 fine.

West Palm Beach Theft Charges Defense

Defenses to theft may include:

  • Ownership: Owners or co-owners of property cannot be charged with theft.
  • Good faith possession: No intent to steal is a valid defense against theft charges.
  • No wrongdoing: Mere presence at the scene of a crime is not enough to establish participation in the crime.
  • Value of the property: When the value of property can be shown to be below the threshold for the criminal charge, a defendant cannot be convicted.
  • Voluntary abandonment: Abandoned property cannot be stolen.
  • Statute of limitations: Most theft cases have a five-year statute of limitations, after which criminal charges cannot be filed, with few exceptions.
  • Wrongful arrest: Mistaken identity and other avenues of wrongful targeting and arrest.
  • Pretrial and Trial defenses: Challenging evidence, searches, warrants, arrests, witnesses, and the conduct of officers or quality of the evidence are among the many defense strategies.

The experienced Palm Beach defense lawyers at Salnick Law, P.A. represent clients facing criminal charges in Palm Beach County and throughout the area, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Riviera Beach, Greenacres, Lantana and Palm Springs.

Call 561-471-1000 today for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

A theft defense lawyer in West Palm Beach can help if you're charged with theft by developing various defenses based on your specific circumstances. They might argue that you owned or co-owned the property, lacked intent to steal, were merely present at the scene, or that the property's value is below the threshold for the charges filed. They can also examine the evidence for any errors in police procedure, challenge improper searches or arrests, and argue wrongful arrest due to mistaken identity.
When choosing a theft defense lawyer in West Palm Beach, consider their experience and specialization in theft cases, track record of success, and approach to defense strategies. Assess their familiarity with local courts and prosecutors, which can be crucial for negotiating favorable outcomes. It's also important to gauge their communication skills and availability, ensuring they are responsive and committed to your case. Lastly, review testimonials or references to understand their reputation and effectiveness in handling similar cases.
Yes,in West Palm Beach, theft defense strategies may include challenging the intent to commit theft, asserting rightful ownership or permission to use the property, presenting alibis, and questioning the value of the stolen items to affect the severity of charges. Lawyers might also scrutinize the legality of law enforcement procedures, such as searches and seizures, to find constitutional violations that could weaken the prosecution's case.
Acting quickly after a theft charge in West Palm Beach is crucial. Promptly securing a skilled theft defense attorney ensures that all potential defense avenues are explored, from scrutinizing the prosecution's evidence to negotiating for lesser charges or penalties. If you need legal guidance, reach out to us.

Additional Information in West Palm Beach

Town of Palm Beach - Tips for Preventing Crime: Provides detailed crime prevention tips to help individuals and communities in Palm Beach enhance their safety and security. It includes advice on how to secure homes against burglaries, protect personal property, and steps to take in various scenarios like walking alone or driving. These prevention strategies are useful in theft defense law by advocating proactive measures to deter criminal activity, thereby potentially reducing the occurrence of theft-related offenses.
Town of Haverhill - Vehicle Theft Prevention: outlines strategies and tips for preventing vehicle theft, such as using anti-theft devices, being cautious about where and how one parks, and the importance of vehicle tracking systems. It likely educates residents of Palm Beach County on steps they can take to deter thieves and safeguard their vehicles. This proactive approach can help reduce vehicle theft rates in the area, supporting local law enforcement efforts and decreasing the overall crime statistics in Palm Beach County.
Palm Beach County - Identity Theft: Detailed information and resources on how to prevent and respond to identity theft. It offers educational materials that explain the nature of identity theft, the risks associated with it, and practical steps for both protection and recovery if one's identity is compromised. It is particularly helpful for residents of Palm Beach by aligning with local laws and offering access to local resources and contacts that can assist individuals in navigating the aftermath of identity theft, thus playing a critical role in supporting the enforcement and application of theft-related laws in the area.

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