can petty theft charges be dropped in florida

In actuality, a felony can also be issued at the discretion of the prosecutor, depending on a myriad of unknown factors.Even if you proceed to have your charges drop, keep in mind that this process can take a while. An offense that would ordinarily be classified as petit theft in Florida will be bumped up to a first degree misdemeanor if the offender has previously been convicted of any theft offense. Of course, if the offended can successfully convince the state to drop your charges, you can be set free, sometimes without an arrest.

If you are facing these charges, contact Hutchinson & Huffman, P.A. § 77.082, 77.083. The box below contains important information about Florida theft laws, penalties, and possible sentences. However, depending on the severity of the crime, the state can press charges on the offender. Likewise, two or more previous theft convictions will bump a petit theft offense up to a felony of the third degree.Start here to find criminal defense lawyers near you. )Anyone convicted of misdemeanor theft in Florida, regardless of the value of the property stolen, may be subject to a driver’s license suspension. In the state of Florida, a person commits theft by taking or using someone else's property while having the requisite criminal intent.

Accordingly, anyone successfully charged with grand theft will have a felony on their record.The same usually goes for petty theft, only in extenuating circumstances. However that being said the victim in theft cases can sometimes "persuade" the office of the State Attorney not to follow through with the prosecution of the case.

Defenses to Petty Theft . Therefore, be mindful that you are basically locked in the situation you initiated, regardless of if you believed that your actions warranted petty theft charges.Petty theft charges are serious legal offenses that can have a variety of stiff consequences for the offender. Ann. If the offender complies with the written demand for payment, the victim must issue a written release from further civil liability. The type of theft often depends on the value of the property. Petty theft is simply defined as the act of stealing a minor item or possession from an individual or business. Many times a lawyer can contact the victim and the prosecutor and if all sides agree, the charge may end up dropped. Ann. This can happen simply if the offender comes forward and explains that the defendant is not guilty of the charges. Afterward, they may even be confused when they are charged with grand theft instead of petty theft.Ignorance of the law is no excuse for breaking the law. Therefore, if you are convicted of this crime, you could face severe implications commensurate with the alleged offense.In typical legal disputes, an individual or business that has been offended by another entity can decide whether to press charges or not. All Rights Reserved. § 772.11. § 812.014. There is a specific legal instance in which the offender can technically drop charges of petty theft in Florida. Ann. § 77.082, 77.083. Anything less than this amount can be determined as petty theft. Hence, it’s prudent to seek legal assistance if you believe that your charges won’t be dropped by the offended in order to cushion the extent of your punishment, or even maintain your innocence and freedom.Under Florida law, any illegal theft under the value of $300 can be deemed as petty theft. Under Section 812.0155, Florida Statutes, a court may suspend a person’s driver’s license for a period of six months where the person is adjudicated guilty of misdemeanor petit theft. The first three times a person is convicted of petty theft it is a misdemeanor. However, this is often quite the contrary.Like other criminal cases, petty theft charges are enacted and prosecuted by the state. However, many offenders don’t take this into account when they commit an act of theft. © 2019 Hutchinson & Huffman, P.A. Specifically, Florida law states that a person commits theft when “he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:In Florida, the lowest level theft offense is called "petit theft", rather than the more commonly known “petty theft.” If the property stolen is valued at less than $100, the offender commits petit theft of the second degree, which is a If the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, which is punishable as a A variety of different theft offenses can constitute grand theft of the third degree (considered a Some theft offenses qualify as grand theft of the second degree, which is a A felony of the second degree may result in a sentence of imprisonment of no more than 15 years and a fine of no more than $10,000.

However, things can get a bit tricky.If the state denies the request for the plaintiff to drop the charges, the plaintiff can technically drop these charges by refusing to cooperate with the state’s case.For example, if you steal a minor item from a family-owned business and the state decides to press charges, the business can choose to remain uncooperative to the state’s case to have the charges automatically dropped. (Fla. Stat. Hence, minor instances of petty theft tend to be generally ignored by state prosecutors.Although the state holds discretion over which cases they will prosecute, incidents of petty theft that are simply too major to ignore will usually capture the state’s attention.

If an offender is under the age of 18, a driver's license suspension or withholding of issuance may be used by the court as an alternative to commitment to the Department of Juvenile Justice, incarceration, or probation, so long as the person has not previously been convicted or adjudicated delinquent.

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