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Criminal Defense

Theft and Robbery are always serious offenses that can come with a big price tag in the form of a prison sentence. A conviction on your record can also carry negative consequences for your future, making it difficult to apply for jobs or loans.

We understand that you never thought you would be in this position, but the attorneys of Avera & Smith are here to help. We know that one mistake doesn’t define you, and we have the legal expertise and experience necessary to provide you with the defense you deserve.

Types of Theft & Charges

Theft is defined in Florida Statute sections 812.014, 0145, 0147 and 015 as the taking or use of the property of another with the intent to either temporarily or permanently deprive the owner of use or appropriate the property to his or her own use. Theft may be classified as either petit theft or felony charges.

Petit theft for amounts up to $100 is a second-degree misdemeanor, punishable by a maximum of 60 days in jail. Petit theft for amounts more than $100 but less than $750 is a first-degree misdemeanor, punishable by up to one year in jail.

For amounts over $750, theft becomes a felony charge, starting with a third-degree felony punishable by up to five years in prison. Based on the items taken and the amount or value of the items, the level of the felony can be increased to a second- or first-degree felony, punishable by up to 15 years or 30 years in prison, respectively.

The severity of the offense can be enhanced based on the nature of and method of the theft. For instance, theft of equipment taken from a law enforcement vehicle or medical emergency vehicle valued at more than $300 is a second-degree felony. There are additional enhancements for taking motor vehicles and cargo that is being transported.

Types of Robbery & Charges

Robbery, as defined in Florida Statute sections 812.13,131,133, and 135, is basically theft with the use of force, violence, assault or putting in fear. As with theft, there are several different types of robbery, broken down by actions taken, weapons used (if any) and circumstances. The most common types are robbery by sudden snatching, armed robbery, carjacking and home-invasion robbery. All robbery charges are felonies, ranging from third-degree felonies for sudden snatching to first-degree felonies, punishable by life in prison, for carjacking and home-invasion robbery with a firearm or other deadly weapon.

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