Jacksonville Criminal Defense Attorney Blog

Committing a crime, like robbery, in Florida, if and when caught, has multiple elements from the time of arrest to the time of a trial. First, the police have to determine, through their investigation, what crime has actually been committed that you can be will be charged with. Once the police make the determination at the time of arrest, the State Attorney’s office reviews the charges and determines what can be actually be prosecuted and charged in the criminal court. Then, your criminal defense attorney may ask the State if there is a lesser charge to which you can plea to before going to trial.

Understanding the crime charged is important to all aspects, including the definition of robbery. Robbery is defined by Florida Statute 812.13(1) as, “…the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

If you have been charged with robbery, then a Florida criminal defense attorney is able to develop a defense to the criminal charges brought against you.

Florida crime charges can have multiple levels determining on the level of the crime committed, such as robbery vs. armed robbery. Criminal charges are brought based on the crime committed and often, whether there was weapon of some sort used to commit the crime. The most common use of a weapon used when committing a crime is a gun or firearm, which can significantly impact how the crime is prosecuted by the State Attorney’s office.

Using a Firearm in Florida can change the charges brought against the accused, so understanding how Florida law defines a firearm is important. Florida Statute 790.001 (6) defines a firearm as, “…any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”

If you have been charged with a crime involving a firearm you should speak with a criminal law attorney to determine what your possible defenses to the charges could be.

Florida criminal law is defined by Statute, which provides the definition of the crimes, their related charge (misdemeanor/felony), and the related penalties. While the Florida legislature adopts these laws, it is the responsibility of the police, like the Jacksonville Sheriff’s Office, to investigate crimes and decide which crime the evidence best supports before arresting and charging someone. Once the police have charged someone with a crime, the arrest and booking report is given to the State Attorney’s Office (i.e. Angela Corey’s office in Jacksonville) to determine the formal charge, which it feels is supported by the evidence. Once that is determined, the accused better understands what the crime is and what the possible punishment may be.

Florida defines theft in many ways, and depending on the theft (i.e. the type of property stolen; the value of the property; etc.), it can be a misdemeanor or a felony. A petit theft of the first degree is a misdemeanor of the first degree and carries a possible maximum punishment of a maximum term of one year in prison (i.e. 365 days in jail NOT 366 days). First degree petit theft may also be punishable by a fine of no more than $1,000. Petit theft in the second degree carries a possible maximum punishment up to 60 days in jails and a fine not exceeding $500.

If you have been charged with a petit theft, then you should speak with a criminal lawyer about your rights and options.

In Florida, being charged with a crime, like petit theft, requires the police investigation to find that you have met all of the elements of the crime of petit theft and that the State Attorney’s office feels the investigation and related evidence support the crime of petit theft to a degree that it can be proven to a jury of your piers. In so doing, the Florida State Attorney’s Office for your circuit, Jacksonville is in the Fourth Circuit, can actually prove all elements of the crime of petit theft to get a conviction.

Petit theft has two possibilities, since there are two possible charges for the crime. The first possible charge is that of first degree petit theft, which requires the following:
1. A theft occurred, meaning property was taken from another for one’s permanent or temporary use;
2. The property stolen has a value of at least $100, but less than $300;
3. That the stolen property not meet the definition of any degree of Grand Theft as defined in Florida Statute 812.014.

The second possible charge is second degree petit theft, which has the following elements to be shown and proven to a jury for a convition:
1. A theft occurred;
2. The stolen property has a value of less than $100;
3. That the stolen property is not defined by any definition of grand theft or first degree petit theft.

If you have been charged with second degree petit theft, then you should speak with a criminal lawyer about your rights and options.

Florida statutes provide definitions to crimes and their related penalties. However, a crime may have different degrees depending on the action, the severity of the action and whether a weapon was used to commit the crime. In Florida, theft has multiple meanings that are based on the following: the type of items stolen; the method in which they were stolen; and the value of the property stolen. It is up to the police investigation, like the Jacksonville Sheriff’s Office to make the arrest and booking of the crime that best fits the definition. However, it is up to the State Attorney’s Office to formally charge the crime based on what elements can be proven.

After grand theft is defined in Florida Statute 812.014, all things that are not defined in the Florida Statute as grand theft, in the third, second or first degree, are petit thefts. A petit theft in the first degree is defined in Florida Statute 812.014 as any property stolen (not previously defined in the statute) that is valued at more than $100 and less than $300.
Since petit theft in the first degree requires property to be valued at more than $100, for theft of property valued at less than $100 is considered petit theft in the second degree. The charge and maximum penalties differ from that of a first degree crime.

If you have been charged with petit theft, then you should speak with a criminal lawyer to better understand your rights and options.

In Florida, Florida Statute 812.014, identifies the crime of theft or stealing and provides multiple definitions for each crime and severity of the crime. For example, stealing a stop sign is considered a crime of Grand Theft in the Third Degree and is a felony in the third degree. Understanding the charge is helpful, but knowing the penalties for the crime is also inherent to developing a proper defense to the State of Florida’s case against you when charged.

A felony in the third degree, according to Florida Statute 775.082, carries a maximum penalty of five (5) years in prison. If convicted in Florida of Grand Theft in the Third Degree, the maximum fine that may be imposed is $5,000, Florida Statute 775.083. The crime of Grand Theft is defined with many components ranging from first degree to third degree. The crime of Grand Theft, in whatever degree, is a felony and the penalties consist of prison time ranging from a maximum of five (5) years in third degree felony to a maximum of 30 years in a first degree felony.

If you have been charged with a Grand Theft, then you should speak with a Floridacriminal lawyer about your rights and options.

Florida criminal laws and punishments are dictated by Florida Statute. In Florida, a crime, like theft, is investigated by a police, such as the Jacksonville Sheriff’s Office so that they can find evidence that matches the crime charged, such as Grand Theft in the Second Degree. Once that information and evidence is collected, the State Attorney’s Office then makes a decision to file formal charges against the accused. For the crime of Grand Theft in the Second Degree, the information collected must support a claim that the property stolen is worth more than $20,000 and less than $100,000; or is cargo put into the stream of commerce (i.e. a shipment of widgets) that is valued at less than $50,0000; or the property is emergency medical equipment with a value of $300 or more; or the property is law enforcement equipment valued at $300 and taken from an actual emergency vehicle. (Florida Statute 812.014(b))

If these the evidence seems to support the charge of Grand Theft in the Second Degree, then the accused can be charged with the crime, which is a Felony in the 2nd Degree. The maximum penalties associated with the crime are also defined by Florida law and there are prison and fine penalties that can result if convicted of the crime. For a first offense, the maximum prison sentence of a 2nd Degree Felony is a term not exceeding 15 years, Florida Statute 775.082(3)(c) and the maximum fine that can be imposed is $10,000, Florida Statute 775.083(1)(b). The maximum penalties may be imposed if a jury finds that they are necessary and fit the crime for which the accused is found guilty of committing. However, if convicted, a jury does not have to sentence to the maximum, but can impose a penalty up to the maximum. In addition, before it reaches a jury, the State may offer a deal to reduce the sentence, but that is based on the case, the offense, the criminal record of the accused, and many other factors.

Continue reading "Florida Criminal Law: What Are the Penalties for the Crime of Grand Theft in the Second Degree?" »

Florida law dictates that Grand Theft in the first degree is a first-degree felony, in accordance with Florida Statute 812.014(2). The Florida legislature has a criminal law committee that actually introduces bills and introduces them to both the House and Senate for review before they become laws. It is in these sessions that such penalties are discussed and decided upon.

If you have been charged with a Grand Theft in the First Degree, then you may wonder what penalties may be imposed in the sentencing. Before entering a plea agreement, it is important to understand what may happen if a jury convicted you and recommended the harshest sentence for the offense to the Court. In accordance with Florida Statute 775.082(3)(b), a felony in the first degree is punishable by, “ a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.” In addition, a fine may be imposed for the crime, in accordance with Florida Statute 775.083(3)(b) a fine cannot exceed $10,000. A plea agreement may be made for a lesser penalty, since the maximum time in prison is 30 years the plea agreement may be for considerably less prison time than the 30 years and a fine less than the $10,000 maximum allowed by statute.

If you have been charged with the crime of Grand Theft in the First Degree, then you should speak with a criminal lawyer about your rights and options and to help you negotiate with the State.

For purposes of Florida criminal law, there is a difference between stealing a candy bar than stealing a car. Not only are the crimes different, but the charge in itself is different. Regardless of theft being the common theme, the crimes are defined differently by Florida Statute, therefore, they are normally investigated by the police (i.e. Jacksonville Sheriff's Office) and prosecuted differently by the State Attorney (i.e. Angela Corey in Jacksonville and related assistant state attorneys). Understanding the crime you have been charged with can be helpful in formulating the proper defense.
Florida Statute 812.014 defines petit theft as stealing property valued over $100 and less than $300, not from someone's home; or property that is worth less than $100 that does not fit into the crime of Grand Theft in any degree. However, the charges are different in that a petit theft of property valued at more than $100 and less than $300 is a misdemeanor of the first degree while property valued at less than that is a second degree misdemeanor. The degree of the charge weighs heavily on the possible sentence that can be imposed.
If you have been charged with petit theft in Florida, then you should speak with a criminal lawyer about your rights and option.

Theft in Florida can be broken down into multiple categories of grand theft in three degrees and petit theft. Florida Grand Theft in the Third Degree is defined by many elements, including but not limited to, stealing property valued over $300 but less than $20,000, any fire extinguisher, a firearm, etc. If the crime is committed in Florida, then the crime can be charged as a third degree felony.
A felony conviction can be punishable by imprisonment for more than one year while a misdemeanor is punishable by no more than one year. In addition, the fines associated with a felony are much greater, in the case of theft, often there can be fines associated with the crime, but also restitution (paying back the victim for the property).
If you have been charged with a Grand Theft in any degree, then you should speak with a criminal lawyer about your rights and options.

The theft of property valued between $20,000 and $100,000, in Florida, is considered a grand theft. Florida statute 812.014 states that theft is the intentional taking of another’s property, thus depriving the other person of said property either permanently or temporarily. Florida also provides for levels of the crime and in F.S. 812.014, the legislature defined grand theft in the second degree. The question then becomes whether a grand theft of property valued between $20,000 and $100,000 is a felony or a misdemeanor.

In accordance with Florida Statute 812.014(2)(b), a grand theft of the second degree is a felony in the second degree and is defined by the following acts being committed and proven, by the State Attorney’s Office:
1. If the property stolen is valued between $20,000 and $100,000;
2. Cargo stolen is valued at less than $50,000 and entered the stream of commerce from the shipper to the receiver;
3. Stolen property is emergency medical equipment with a value of at least $30 and taken from a licensed facility or from an aircraft or vehicle; or
4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle,

If you have charged with the crime of grand theft in the second degree, then you should speak with a criminal lawyer about your rights and options.

In Florida, crimes, like theft, can often have multiple layers that must be proven to a jury for there to be a certain conviction. Florida law defines the act of a theft, but goes on to give the multiple layers before defining if theft is a misdemeanor or felony. A misdemeanor is a crime that has a punishment that cannot exceed one year in jail and a fine that cannot exceed $1,000. Since theft has so many components, such as whether a car or a candy bar was stolen, the law follows the same logic in determining if a theft is a misdemeanor or felony.

Florida Statute 812.014 defines theft and then provides a definition for grand theft of the first degree as a felony of the first degree. This crime of theft has the following components that must be proven by the State Attorney to get a conviction of the grand theft in the first degree:
1. If the stolen property has a value of $100,000 or greater OR is a semitrailer used by a law enforcement officer (i.e. Jacksonville Sheriff's Officer); OR
2. If the stolen property is cargo with a value of $50,000 or more that entered the stream of commerce (ready for interstate our out-of-state shipping) from the loading dock to that of the receiving person (i.e. a shipment of Wii is stolen while being transported on the interstate by a driver); OR
3. If the offender commits any grand theft AND:
a. Uses a motor vehicle, other than as a getaway vehicle, in committing the crime; therefore creating property damage (i.e. crashing into a transport vehicle so that the items can be stolen.); OR
b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,

Crimes such as theft have components or elements that must be proven to a jury for there to be a conviction. Florida law dictates the elements of the crime of theft and provides a guideline for everybody from the Jacksonville Sheriff’s Office that handles the investigation to the State Attorney Office in Jacksonville that prosecutes the crime. In order to get a conviction the State must show that the elements of the crime have, in fact, been met by showing evidence, testimony and the like to a jury.

The elements of theft, according to Florida Statute 812.014, that must be proven to a jury are as follows:

1) That the alleged criminal knowingly obtains or uses the property of another. First, the prosecution must be able to prove that the alleged thief actually had knowledge that the property in question belonged to someone else and that the alleged thief took or used the property or used the property. If a golfer finds a golf ball in the rough and no one appears to be looking for it, then there may be an assumption, based on experience, that the golf ball no longer has an owner. Therefore, the use of that golf ball would not necessarily constitute a theft if the golfer did not have knowledge the ball, in fact, belonged to anyone.

2) There must be intent to temporarily or permanently take the property of someone else. Here, the prosecution must prove that the alleged thief had the intent to actually deprive an owner of his/her property for a short-term or even permanently. If you take a DVD from Wal-Mart, without paying for it and you walk out of the store with the DVD, then the act itself may show a jury that you intended to permanently remove the item from Wal-Mart’s possession.

3) To be convicted of theft, the State must prove that there was intent to permanently or temporarily deprive a person’s right to the property or benefit of the property. If you take someone’s car without his or her permission, then you are actually taking that person’s own right to use his car. Taking the property of another, even temporarily, prohibits the owner from actually using his own property.

4) If you do not have right to the property (i.e. your name is on the registration), then you could be convicted of the crime of theft if all other elements have been proven.

Continue reading "Florida Criminal Law: What Are the Elements of the Crime of Theft?" »

Defining theft in Florida is a matter for the state legislature. Investigating the crime and gathering evidence to show a theft was committed is the job of the Sheriff’s office (i.e. Jacksonville Sheriff’s Office). Enforcing the law, or prosecuting the alleged criminal offender with theft is the job of the State Attorney’s office in your area, which are broken down into circuits, a group of counties equals one circuit, (i.e. Duval, Nassau and Clay Counties are in the 4th Judicial Circuit).

Theft occurs, according to Florida Statute 812.014(1), 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:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Theft is a crime that requires knowledge on the part of the person committing the theft. Meaning that to be guilty of theft, you had to have knowledge that the property was in fact the property of another (i.e. stealing from a store) and that you intended to keep the property for any length of time. For example, taking your neighbor’s lawnmower without asking and returning it later is still theft. The idea of theft is that your action has taken the known owner’s right to use the property or the owner’s right to sell the property during the time that you took as if it were your own. If you steal a candy bar from a store, then you know that candy bar belongs to the store and you have deprived the store the chance to sell it an actual paying customer.

Continue reading "Florida Criminal Law: How Is Theft Defined by the Florida Statutes?" »