Don Waggoner Law

Orlando and Kissimmee Criminal Defense Lawyer and DUI Attorney

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CRIMINAL DEFENSE | Theft

•   Theft Offenses    •   Civil Restitution Fee    •   Grand and Petit Theft    •   Robbery    •   Dealing in Stolen Property    •   Credit Card Fraud    •   Auto Theft

Theft Offenses

Theft is the unlawful taking of another's property with the intent to temporarily or permanently deprive that person of the use of that property. The statute of limitations for many theft crimes is greater than for most other crimes.
Robbery is a theft whith the use of force or violence.

Theft includes a variety of crimes, including simple theft, fraud, writing bad checks, embezzlement, and more.  Theft Offenses are considered “crimes of moral turpitude.” Convictions of theft offenses can affect your immigration status, your license to drive, and your employability. Many times theft crimes can be mitigated and reasonable sentences negotiated. Also, many times the charges are hard for the State to prove. You may be eligible for diversion. Orlando and Kissimmee Criminal Lawyer Don Waggoner can help you get a reasonable resolution to your case in most cases, whether it is through a negotiated plea or a trial. Do not be convicted of a crime you did not commit. Contact Attorney Don Waggoner today and get your defense started. 

Civil Restitution Fee - If you are merely accused of theft or shoplifting from a commercial business, you can be charged a civil restitution fee by the business of $200.00 or more.  You will be asked to pay this fee, and sometimes threatened, whether or not you are convicted of the theft in a criminal court.  You are not required to pay the fee, but state law allows it and you may be sued if you do not pay.  Orlando and Kissimmee Criminal Defense Lawyer Don Waggoner may be able to help you with this fee.  Call today for a consultation.

Theft offenses include the following:

  • Grand & Petit Theft – F.S. 812.014
  • less than $100 = 2nd Degree misdemeanor, punishable by up to 60 days in jail
  • $100 - $299 = 1st degree misdemeanor, punishable by up to 1 year in jail
  • $300 - $19,999 = 3rd degree felony, punishable by up to 5 years in prison
  • $20,000 - $99,999 = 2nd degree felony, punishable by up to 15 years in prison
  • More than $100,000 = 1st degree felony, punishable by up to 30 years in prison

Robbery – F.S. 812.13

(1) “Robbery” means 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.
(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) An act shall be deemed “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.
(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

  • Robbery by Sudden Snatching – F.S.  812.131 

(1) “Robbery by sudden snatching” means the taking of money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. In order to satisfy this definition, it is not necessary to show that:
(a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or
(b) There was any resistance offered by the victim to the offender or that there was injury to the victim’s person.

  • Dealing in Stolen Property F.S. 812.019

Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree.
This statute has been interpreted to include merely selling or transferring property you know, or should have known, was stolen to another person, such as a pawn shop.

  • Credit Card Fraud –

Theft; obtaining credit card through fraudulent means – F.S. 817.60
Fraudulent use of credit cards – F.S. 817.61
Traffic in counterfeit credit cards – F.S. 817.611

  • Unemployment, Medicare/Medicaid, & Welfare Fraud – F.S. FALSE PRETENSES AND FRAUDS, GENERALLY (ss. 817.02-817.569)

  • Auto Theft – F.S. 812.014 (2)(c)6 – generally a 3rd degree felony punishable by up to 5 years in prison

 

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