Can You Avoid Jail Time for a First-Time Theft Offense?

What Are Florida’s Theft Laws?

Facing theft charges for the first time in Florida can be overwhelming. The state law are strict against theft offenders and may impose hefty penalties. One of the possible penalties is jail time, but it depends on several factors, such as the severity of the charges. However, a skilled criminal defense lawyer in Lakeland may be able to help you avoid incarceration.

They can create a robust defense plan to beat the charges and fight for alternatives such as diversion programs and reduced penalties. Most importantly, a lawyer can help you understand the various nuances around theft charges so that you are well prepared for trial and other legal procedures.

When is Theft a Misdemeanor or Felony?

Theft charges and penalties are classified based on the value of the assets in question. You could be charged with misdemeanor theft if the property you stole is worth less than $750. A theft attorney in Lakeland says the offense is also known as petit theft and is further classified as follows:

• First-degree petit theft: The property is valued between $100 and $750. The possible penalties are up to one year in jail and a fine of up to $1,000.
• Second-degree petit theft: The property is worth less than $100, and the offense is punishable by up to 60 days in jail and a fine of up to $500.

Felony Theft

If you stole property worth more than $750, the charge will be classified as grand theft, a felony in Florida. Felony charges attract stiffer penalties, such as a longer jail or prison term. The severity of grand theft charges depends on the value of the stolen property. You risk the following penalties:

• First-degree grand theft: The property is worth over $100,000, and the penalties include up to 30 years behind bars and a fine of up to $10,000.
• Second-degree grand theft: The property is valued between $20,000 and $100,000, and the possible legal consequences are up to 15 years of incarceration and a fine of up to $10,000.
• Third-degree grand theft: The crime involves property worth between $750 and $20,000. It is punishable by imprisonment of up to five years and a fine of up to $5,000.

Nonetheless, under special circumstances, you could be charged with grand theft for property worth less than $750. For example, you risk grand theft charges and the associated penalties if you stole an item worth $100 or more from a home, residence, or emergency medical equipment worth less than $750.

Given the high probability of being sent to jail or prison for first-time theft charges, working closely with an aggressive theft lawyer in Lakeland is crucial to beat the charges. They can evaluate your case specifics and advise on the most suitable defense strategy to have the charges dropped or penalties reduced.

What Are the Possible Defenses Against Theft Charges?

It’s vital to build a robust defense strategy with the help of a Lakeland theft lawyer to avoid a jail sentence for a first-time theft offense. Possible defenses are the following:

• Lack of intent to steal: The prosecution must prove that you intended to deprive the rightful owner of their right to use the stolen property or enjoy its benefits. Your lawyer can water down the claims by arguing that you believed the item belonged to you, so you had no intent to steal.
• Mistaken identity: You could have been at the crime scene but didn’t participate in the theft, but the police arrested you mistakenly.
• Consent from the owner: You could argue that the owner had given you permission to use or possess the item.
• Questioning the value of the item: An expert witness can testify about the item’s market value to dispute the inflated valuations, potentially leading to reduced charges and penalties.

What Are Some Sentence Reduction Options for Theft Charges?

Through aggressive defense against theft charges, your theft lawyer in Lakeland could help you get alternative sentencing options instead of a jail sentence. Possible alternatives, depending on your case specifics, include:

Pretrial Diversion Program

As a first-time offender, you can avoid a jail term through pre-trial diversion. The program entails participating in community service, counseling, or educational courses to prevent future offenses and restitution payments. Your theft charges will be dismissed upon completing the program, allowing you to avoid a conviction.

Probation

If the court sends you on probation, the court will issue specific conditions you must comply with to remain out of jail. The court could require you to:

• Complete community service
• Regularly meet your probation officer to check your progress
• Make restitution payments
• Avoid further criminal activity during probation

Deferred Sentencing

The court could delay sentencing for a specified time, during which you must comply with specific conditions like counseling and community service. If you successfully honor the requirements, the court may reduce or dismiss the charges, allowing you to avoid a jail term.

Restitution

Lakeside theft attorney says that in some cases, the court may require you to pay restitution to the theft crime victim or complete a certain number of community service hours instead of being sent to jail. These options enable you to make amends for your actions without being incarcerated.

Working with a Skilled Criminal Defense Lawyer to Avoid Jail Time for First-Time Theft

If you’re facing theft charges as a first-time offender, you risk jail time that varies depending on the severity of the charges. However, you can avoid incarceration with the help of an experienced criminal defense lawyer in Lakeland. They can help you explore the various legal options to protect your freedom and future.

DeMichael Law is an established criminal defense law firm with a dedicated theft attorney in Lakeland. I provide legal defense for those charged with theft crimes and put my best foot forward to have the charges dismissed or punishments reduced. Don’t resign to fate without a fight. Call my office at 863-216-1831 for a FREE consultation.