Shoplifting, petit theft, and grand theft arrests occur every day in Miami Dade County and should be handled by an experienced Miami criminal defense attorney. When someone is arrested for shoplifting, petit theft, and/or grand theft in Miami, the possible penalties and punishments can range significantly based on a number of factors. Most importantly, when someone is arrested for shoplifting, petit theft, and grand theft, the charges filed by the Miami Dade State Attorney could constitute a misdemeanor or a felony. When someone is arrested for grand theft, the amount alleged to have been stolen will dictate whether or not it is filed as a third degree felony, a second degree felony, or a first degree felony. It is very important that when someone is arrested for shoplifting, petit theft, or grand theft, that they consult with an experienced and competent criminal lawyer, like those at Pagan & Stroleny, PL. At Pagan & Stroleny, PL, we have handled hundreds of cases involving arrests for shoplifting, petit theft, and grand theft. Whenever an individual is arrested and convicted of shoplifting, petit theft, and/or grand theft, it is very likely that the sentence will include a criminal order of restitution, ordering the individual to pay back the victim for any loss in value or theft committed.
Retail Theft- “Shoplifting”
When someone is arrested for shoplifting, the Miami State Attorney’s Office must prove the “taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use benefit, or full retail value.” Without a well-executed criminal defense strategy, someone charged with shoplifting in Miami-Dade could be facing misdemeanor or felony penalties.
Petit Theft
When someone is arrested for petit theft, the Miami State Attorney’s Office must prove beyond a reasonable doubt that the individual knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property. The Miami State Attorney’s Office does not need to prove any specific amount of value for the crime of petit theft to be a second degree misdemeanor, punishable by up to sixty (60) days in Miami Dade County Jail. If an individual is charged with petit theft and has been previously convicted of petit theft, they will be charged with a first degree misdemeanor, facing up to 364 days in Miami Dade County Jail. If an individual is charged with petit theft in Miami and has two prior convictions for petit theft on their record, they will be charged with a third degree felony and will be facing up to five (5) years of incarceration in a Florida state prison.
Grand Theft
When someone is arrested for grand theft, the Miami State Attorney’s Office must be able to prove that the individual committed the same acts as a basic petit theft with the additional element that the amount alleged to have been taken or deprived of the victim was valued at more than $300 but less than $20,000. If someone is arrested for this type of grand theft, it is a third degree felony, punishable by up to five (5) years of incarceration in a Florida state prison and fines up to $5,000.
If the value of the property alleged to have been stolen is between $20,000 and $99,999, it is elevated to a second degree felony, punishable by up to fifteen (15) years of incarceration in a Florida state prison and fines of up to $10,000.
If the value of the property alleged to have been stolen is over $100,000, it is elevated to a first degree felony, punishable by up to thirty (30) years of incarceration in a Florida state prison and fines of up to $10,000.
The founding partners of Pagan & Stroleny, PL are both former Miami Dade Assistant State Attorneys and have defended the rights of hundreds of clients charged with cases ranging from misdemeanors to life felonies. Our lawyers are experienced in the way the Miami Dade State Attorney’s Office investigates and handles these types of allegations. No matter how one is arrested and charged, those facing theft charges must be represented to adequately defend against such allegations because these types of charges can also lead to issues down the road when obtaining financial aid and/or new employment. Because of these potential consequences, it is very important that anyone charged with petit theft, grand theft, or shoplifting meet with a qualified Miami criminal defense attorney. At Pagan & Stroleny, PL, we offer free consultations for any and all potential clients facing criminal charges in Miami-Dade County.