Orlando Theft Lawyer | The Wiseman Law Firm

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.

Navigating the criminal justice system in Florida requires experienced legal counsel. A theft attorney with specialized experience in theft crime can provide targeted support and help you build a strong defense.

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 and board certification in criminal trial law, demonstrates a high level of expertise in handling theft crime cases. He 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.

When choosing a theft lawyer, it is important to look for specialized experience in theft crimes, familiarity with local courts, and clear communication to ensure the best possible outcome for your case.

Get Theft Defense Services in Florida

The Wiseman Law Firm handles all types of theft-related criminal charges in Orlando. Theft crimes involve taking or using someone else’s property without permission, as defined under Florida Statutes. Theft charges can include:

Each theft crime is governed by specific provisions in the Florida Statutes. 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.

Understanding Theft Charges

Facing theft charges in Florida can be overwhelming, especially given the serious penalties that come with a theft conviction. The law distinguishes between misdemeanor theft charges—commonly referred to as petit theft—and felony theft charges, also known as grand theft. The main factor separating these charges is the value of the property stolen. Petit theft involves property valued under $750 and is typically prosecuted as a misdemeanor, while grand theft involves property valued over $750 and is prosecuted as a felony.

A theft conviction, whether for misdemeanor theft or felony theft, can result in imprisonment, probation, hefty fines, and a permanent criminal record. This record can impact your ability to find employment, secure housing, or obtain professional licenses. Because the consequences are so significant, it’s crucial to understand the specific theft charges you’re facing and the value of the property involved. An experienced Orlando theft defense lawyer can help you navigate the complexities of Florida law, explain your legal options, and build a strong defense to protect your future.

Types of Theft Charges

Florida law recognizes several types of theft charges, each with its own set of penalties based on the value of the property stolen. Petit theft is considered a misdemeanor offense and applies when the value of the property is under $750. This charge, while less severe than a felony, can still result in jail time, fines, and a permanent mark on your record.

What Are the Consequences for Grand Theft in Florida?

Criminal theft charges in Florida are classified as felony offenses based on the monetary value and value of the stolen property. The severity of the charge and penalties depend on these factors. Understanding these classifications helps you comprehend the seriousness of your charges:

Third-degree grand theft (property valued between $750 and $20,000): This is a third degree felony and a third degree felony punishable by up to five years in prison and fines up to $5,000.
Second-degree grand theft (property valued between $20,000 and $100,000): This is a second degree felony, punishable by up to 15 years in prison and fines up to $10,000.
First-degree grand theft (property valued over $100,000): This is a first degree felony, punishable by a lengthy prison sentence of up to 30 years and fines up to $10,000.

A felony conviction for theft can result in serious consequences, including a prison sentence and long-term impacts on your life. 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. If you are accused of an alleged crime, remember that the prosecution must prove your guilt beyond a reasonable doubt before you can be found guilty. Especially if you get valuable and aggressive defense from an attorney, these suggestions may be useful.

Law enforcement officers play a key role in gathering evidence in theft cases, and challenging the evidence they collect is often central to a defense. Common defenses in theft cases include lack of intent, mistaken identity, mistake of fact, and unlawful search. 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 the defendant’s criminal history, including any prior theft convictions. The State of Florida classifies theft crimes as either petty theft (misdemeanor) or grand theft (felony), with penalties for misdemeanor or felony theft ranging from fines and probation to decades in prison.

Petit theft is defined as theft of property valued under $750. It is further classified as second degree petit theft for property valued under $100, and first degree petit theft for property valued between $100 and $749. First degree petit theft is a first-degree misdemeanor punishable by up to one year in jail and fines up to $1,000. For petty 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.

A prior theft conviction or criminal history can enhance penalties, potentially elevating a misdemeanor to a felony charge, and may impact eligibility for pre-trial diversion programs. Eligibility for pre-trial diversion programs often requires no prior criminal history or full disclosure of past offenses. Successful completion of a pre-trial diversion program typically results in dismissal of charges, and participants may be required to complete community service, attend counseling, and pay supervision fees. Judges may also 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.

The Theft Defense Process

The process of defending against theft charges in Orlando begins with a free consultation with an experienced Orlando theft defense lawyer. During this initial meeting, your lawyer will review the details of your case, explain the legal process, and discuss the potential penalties associated with a theft conviction. This is your opportunity to ask questions and understand your legal options.

If you choose to move forward, your theft defense lawyer will begin a thorough investigation of your case. This includes reviewing police reports, interviewing witnesses, and analyzing any physical evidence related to the alleged theft. Your lawyer will also look for weaknesses in the prosecution’s case, such as insufficient evidence or procedural errors, and use these to your advantage.

Throughout the legal process, your attorney will keep you informed and work to negotiate the best possible outcome. In some cases, this may involve negotiating a plea deal or securing a diversion or intervention program that can help you avoid a criminal conviction. If your case goes to trial, your lawyer will present a strong defense and fight for a not guilty verdict. With the guidance of a knowledgeable Orlando theft defense lawyer, you can navigate the complexities of the legal system and work toward protecting your rights and your future.

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. A theft lawyer serves as a legal advocate for individuals accused of theft crimes ranging from misdemeanor petit theft to felony grand theft. Attorney Wiseman and his team provide comprehensive defense services that include:

Interview witnesses
Negotiate with prosecutors to reduce or dismiss charges, or secure favorable plea agreements
Investigate the prosecutor’s case
Conduct a thorough review of evidence, including police reports and surveillance footage, to find weaknesses in the prosecution’s case
Evaluate potential sentences and alternatives to incarceration
Gather evidence and surveillance footage
Review search and seizure procedures for constitutional violations
Develop defense strategies, such as demonstrating ownership rights or arguing against mistaken identity based on evidence
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. Local lawyers are familiar with specific judges, prosecutors, and court procedures in their area, which can be a significant advantage in your Orlando theft case.

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?

Theft charges are classified as either misdemeanor or felony offenses depending on the value of the stolen property. Felony offenses typically involve property valued over $750 and carry more severe penalties, such as over a year in prison, especially if aggravating factors are present. Misdemeanor theft charges, on the other hand, usually concern lesser-valued items and may be charged as a second degree misdemeanor, such as minor shoplifting, with a maximum sentence of 60 days. Whether you are facing misdemeanor or felony theft charges, it is crucial to have an experienced theft lawyer 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 and serious consequences beyond jail or fines. It may affect job opportunities, housing applications, and even your credit if restitution is required. A felony conviction for theft can result in especially serious consequences, including long-term impacts on employment and housing. 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, first degree petit theft is classified as a first-degree misdemeanor punishable by up to one year in jail and fines up to $1,000. This applies when the value of the property stolen is between $100 and $749. As a misdemeanor punishable offense, penalties may also include probation. 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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