Orlando Theft Defense Attorney

When you’re facing theft charges in Florida, the consequences can include years in prison, substantial fines, and a permanent criminal record that affects your employment opportunities. Whether you’re accused of shoplifting, burglary, robbery, or fraud, understanding your legal options is crucial for protecting your future.

The Wiseman Law Firm provides aggressive criminal defense representation for clients facing theft charges throughout Orlando and Central Florida. Attorney Simon Wiseman, a former prosecutor with over 25 years of experience, understands how the prosecution builds theft cases and uses this insider knowledge to develop strong defense strategies for his clients. If you’ve been arrested for a criminal offense involving theft, our team is available 24 hours a day to protect your rights.

Get Theft Defense Services in Florida

The Wiseman Law Firm handles all types of theft-related criminal charges in Orlando. Theft charges can include:

Each theft offense carries different penalties and requires specific defense approaches based on the value of property allegedly stolen and the circumstances of the arrest.

What Are the Consequences for Grand Theft in Florida?

Florida law classifies grand theft based on the value of the property stolen, with penalties increasing significantly as the value rises. Understanding these classifications helps you comprehend the seriousness of your charges:

Third-degree grand theft (property valued between $750 and $20,000): punishable by up to 5 years in prison and fines up to $5,000
Second-degree grand theft (property valued between $20,000 and $100,000): punishable by up to 15 years in prison and fines up to $10,000
First-degree grand theft (property valued over $100,000): punishable by up to 30 years in prison and fines up to $10,000

Beyond incarceration and fines, a theft conviction creates a permanent criminal record that can prevent you from obtaining employment, housing, professional licenses, and educational opportunities.

Defenses for Theft

If you have been charged with theft, you may wonder if there are any defenses you can utilize to reduce your odds of conviction or the severity of consequences. Especially if you get valuable and aggressive defense from an attorney, these suggestions may be useful. The following defenses may be useful, depending on your specific circumstances and needs relating to the charges.

Consent to Take the Item or Items

If an individual has consented to you taking an item or has even gifted the item to you in some way, you may not be held liable for theft. When someone has consented to you taking an item outside of any duress or pressure, this is much less likely to be considered theft in the eyes of the law.

Lack of Intent

Your charges may be reduced or dismissed if you did not intend to take possession of something belonging to someone else. For example, you might pick up an item you know belongs to you but mistakenly also take possession of another item entangled with it. In cases where you are moving quickly or are not completely paying attention to your actions, your defense may be believable.

Mistaken Identity

In cases where you are mistakenly identified as a suspect for a crime, you might argue that you were not the individual responsible. When this is genuinely true, the court is likely to drop the charges that have been put against you. Instead, action should be taken to identify the truly liable individual who is guilty of theft of the item or items.

Voluntary Abandonment

Depending on the circumstances, you may be able to successfully argue the item was voluntarily abandoned. This may be especially effective in more remote locations, places where individuals will throw away items, or other similar circumstances. However, this may be a more difficult argument to make if it is more likely that someone has accidentally left an item behind or still has the item on their person.

Entrapment

There are cases where a government official or other powerful entity forces an individual to participate in activities they would not otherwise complete. If you were forced to take an item by another party, you might be able to successfully argue you were the victim of entrapment of some kind.

Equal Ownership

In cases where you share ownership with a person, your charges for theft may be reduced or dismissed. For example, taking a vehicle you share with a friend or spouse may not constitute theft, especially in cases where you have communicated or negotiated use for the car. This may also apply to circumstances involving other types of items and possessions.

Intoxication

While intoxication does not mean you are innocent of a crime, it may reduce the severity of your penalties after conviction. Those under the influence of a mind-altering substance are less likely to act as they typically would, so you may face fewer consequences if you can adequately demonstrate you were intoxicated at the time of the incident.

Insufficient Evidence

If you have only been accused of a crime but adequate evidence has not been presented, you might make the argument that the presented information does not support the charges.

Lawful Purpose

In some cases, individuals might be charged with theft when they took necessary action in favor of the law. For example, law enforcement officers may use a motor vehicle not belonging to them when a car chase is necessary to neutralize an otherwise dangerous situation. There may be additional circumstances where taking and using an item to maintain the law is acceptable. If you are able to argue this defense effectively, you might face reduced or dismissed charges.

Acting Out of Necessity

There are, unfortunately, circumstances that require individuals to act out of necessity and desperation. Especially in cases where you are charged with theft for taking food, personal care products, clothing, or items for other dependents, you may receive fewer or no penalties.

Work With a Qualified Lawyer

Regardless of your circumstances and the choices you make with your defenses, we strongly recommend you work with a qualified criminal defense attorney. The Wiseman Law Firm can ensure the defenses you select are best for you, represent on your behalf, and demonstrate you in a better light.

Penalties for Theft in Florida

Florida theft penalties depend on the value of property allegedly stolen and whether you have prior theft convictions. The State of Florida classifies theft crimes as either petit theft (misdemeanor) or grand theft (felony), with penalties ranging from fines and probation to decades in prison.

For petit theft involving property under $750, you may face misdemeanor charges with penalties including jail time up to one year, probation, and fines. Grand theft charges apply when the property value exceeds $750, resulting in felony prosecution with significantly harsher consequences.

Prior theft convictions can enhance penalties, potentially elevating a misdemeanor to a felony charge, and judges may impose additional sanctions including restitution to victims, community service, and driver’s license suspension. An experienced Orlando theft defense attorney can help minimize these penalties through strategic defense and negotiation.

How Can an Orlando Theft Lawyer Help You?

When facing theft charges in Orlando, having experienced legal representation can make the difference between a conviction and dismissal of charges. Attorney Wiseman and his team provide comprehensive defense services that include:

Interview witnesses
Negotiate with prosecutors to reduce or dismiss charges
Investigate the prosecutor’s case
Evaluate potential sentences and alternatives to incarceration
Gather evidence and surveillance footage
Review search and seizure procedures for constitutional violations
Prepare your case for trial or negotiation
Assure that all documents are filed correctly and in a timely manner
Communicate with the court, prosecutors, and law enforcement on your behalf
Access research methods and tools only available to legal professionals
Leverage knowledge of Florida theft laws and local court procedures

Our criminal defense team thoroughly investigates every aspect of your case, from the initial police contact through the arrest and evidence collection, identifying weaknesses in the prosecution’s case.

Contact The Wiseman Law Firm for Theft Defense in Orlando

If you’re facing theft charges in Orlando or Central Florida, don’t wait to get legal help. The consequences of a theft conviction can follow you for years, affecting your employment, housing, and reputation. The Wiseman Law Firm has successfully defended clients against all types of theft charges, from petit theft to grand theft and robbery. Attorney Simon Wiseman’s 25 years of experience, including his time as a prosecutor, gives him the knowledge and skills to fight for the best possible outcome in your case.

Time is critical when building your defense against theft charges. Evidence can disappear, witnesses’ memories fade, and the prosecution continues building their case. The Wiseman Law Firm is available 24 hours a day to discuss your case and begin developing your defense strategy. We understand the stress and uncertainty you’re facing, and we’re committed to providing the aggressive representation you need to protect your future. Contact us today to schedule your free consultation and learn how we can help defend your rights.

Frequently Asked Questions About Theft Charges in Florida

What Are the Differences Between Felony Theft and Misdemeanor Theft Charges?

Felony theft typically involves property stolen valued over $750, while misdemeanor theft charges often concern lesser-valued items. In Florida, a felony theft can carry serious penalties, including over a year in prison, especially if aggravating factors are present. In contrast, a second degree misdemeanor might involve minor shoplifting with a maximum sentence of 60 days. Whether it’s a first degree misdemeanor or a felony, an experienced theft defense attorney is crucial to navigate the legal complexities and protect your rights.

Can a Theft Conviction Really Impact My Future?

Yes, a criminal conviction for theft can have long-lasting consequences beyond jail or fines. It may affect job opportunities, housing applications, and even your credit if restitution is required. A felony theft conviction carries especially serious penalties, while even a first degree misdemeanor can create barriers in daily life. Working with a theft defense attorney in Orlando can increase your chances of reducing these impacts and possibly achieving a not guilty verdict.

How Does a Theft Defense Attorney Challenge the Charges Against Me?

A theft defense attorney can explore defenses like mistaken identity, lack of intent, or lawful possession. By challenging whether you knowingly committed theft or questioning the actual value of the property stolen, your attorney may be able to get charges reduced or dismissed. In some cases, they may push for a diversion program instead of a criminal conviction. Attorney Wiseman’s experience as a former prosecutor provides unique insights into how to challenge the State’s evidence effectively.

What Are the Penalties for a First Degree Misdemeanor Theft in Florida?

In Florida, a first degree misdemeanor for theft usually means the value of the property stolen is more than $100 but less than $750. Penalties may include up to one year in jail, probation, and fines. While not as severe as a felony theft charge, these are still serious penalties that can affect your future. A theft defense attorney can help fight the charges and may be able to negotiate a better resolution, like community service or dismissal through pre-trial diversion programs.

Can I Really Be Found Not Guilty if There’s Evidence Against Me?

Yes, even with some evidence, a not guilty verdict is possible if that evidence is insufficient, improperly obtained, or doesn’t clearly prove intent. A theft defense attorney may challenge the credibility of witnesses or argue that the property stolen was actually shared or gifted. The prosecution must prove every element of the theft charge beyond a reasonable doubt, including that you knowingly and unlawfully took property with intent to deprive the owner. With proper legal strategy, it’s possible to dismantle the prosecution’s case, especially for second degree misdemeanor or first-time offenses. The goal is always to avoid a criminal conviction whenever possible.

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