Call attorney Edward J. Chandler, Esq. at (954) 788-1355 for a free consultation.
Law Office of Edward J. Chandler, P.A.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
"From Arrest to Jury Trial"
Florida statutes define theft as follows;
F.S. 812.014 - Theft
1. A person commits theft if 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:
* Deprive the other person of a right to the property or a benefit from the property.
* Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
Grand Theft: Any property taken that carries a value of more than $300 can be considered grand theft in certain circumstances, and the classification of this crime is a felony in the third degree, punishable by up to five years in prison.
Petit Theft: Petit theft involves the taking of any property that's valued at more than $100 and less than $300, and this crime is classified as a misdemeanor of the first degree, punishable by up to one year of incarceration.
Shoplifting: Shoplifting is technically termed "retail theft," and this crime is committed if someone deprives a merchant or business of any property illegally.
812.019 - Dealing in stolen property
1. 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.
2. Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree.
Grand Theft Charges in Florida
Call attorney Edward J. Chandler, Esq. at (954) 788-1355 for a free consultation.
Law Office of Edward J. Chandler, P.A.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
"From Arrest to Jury Trial"
GRAND THEFT: The crime of Grand Theft involves the unlawful taking of property worth more than $300.
To prove the crime of Grand Theft, the State must prove that you took property from another person with the intent to:
Deprive the person of a right to the property or benefit of the property; or
Appropriate the property for personal use or for the use of another person not entitled to the use of the property.
Grand Theft of the First Degree: Grand Theft of the First Degree is committed if the the property taken:
Is worth more than $100,000
Is shipping cargo worth more than $50,000
If convicted of Grand Theft of the First Degree, you would be facing any combination of the following penalties:
A minimum sentence of twenty-one (21) months in prison,
A maximum sentence of thirty years in prison,
Thirty years of probation, or
A fine up to $10,000.
Grand Theft of the Second Degree is committed if the the property taken:
Is worth less than $100,000, but more than $20,000.
Is shipping cargo worth less than $50,000.
Is emergency medical equipment worth more than $300.
If convicted of Grand Theft of the Third Degree, you would be facing any combination of the following penalties:
* A maximum sentence of fifteen (15) years in prison,
* Fifteen years of probation, or
* A fine up to $10,000.
Grand Theft of the Third Degree is committed if the the property taken:
* Is worth less than $20,000, but more than $300.
* Is a will, codicil, or other testamentary instrument.
* Is a firearm.
* Is a motor vehicle.
If convicted of Grand Theft of the Third Degree, you would be facing any combination of the following penalties:
* A maximum sentence of five (5) years in prison,
* Five (5) years of probation, or
* A fine up to $5,000.
There are three primary defenses to the crime of Grand Theft:
1. Good Faith Possession
2. Equal Ownership
3. Valueless Property
Good Faith Possession: Under Florida law, the crime of grand theft requires proof of a taking with the intent to steal. A well-founded belief in one's right to allegedly stolen property constitutes a complete defense to the crime of grand theft.
Equal Ownership: A co-owner of property cannot be held guilty of the grand theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property.
Valueless Property: Property is defined as "anything of value" and the value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.
Call attorney Edward J. Chandler, Esq. at (954) 788-1355 for a free consultation.
Law Office of Edward J. Chandler, P.A.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
"From Arrest to Jury Trial"
812.014 Theft.--
(1) A person commits theft if 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:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
(2)(a)1. If the property stolen is valued at $100,000 or more; or
2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock; or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or
b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,
the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
(b)1. If the property stolen is valued at $20,000 or more, but less than $100,000;
2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock; or
3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401,
the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(10) or to treat medical emergencies.
(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (2)(a).
7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.
(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.
(3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as applicable.
(b) A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(d)1. Every judgment of guilty or not guilty of a petit theft shall be in writing, signed by the judge, and recorded by the clerk of the circuit court. The judge shall cause to be affixed to every such written judgment of guilty of petit theft, in open court and in the presence of such judge, the fingerprints of the defendant against whom such judgment is rendered. Such fingerprints shall be affixed beneath the judge's signature to such judgment. Beneath such fingerprints shall be appended a certificate to the following effect:
"I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, _____, and that they were placed thereon by said defendant in my presence, in open court, this the _____ day of _____, (year) ."
Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word "Judge."
2. Any such written judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the courts of this state as prima facie evidence that the fingerprints appearing thereon and certified by the judge are the fingerprints of the defendant against whom such judgment of guilty of a petit theft was rendered.
(4) Failure to comply with the terms of a lease when the lease is for a term of 1 year or longer shall not constitute a violation of this section unless demand for the return of the property leased has been made in writing and the lessee has failed to return the property within 7 days of his or her receipt of the demand for return of the property. A demand mailed by certified or registered mail, evidenced by return receipt, to the last known address of the lessee shall be deemed sufficient and equivalent to the demand having been received by the lessee, whether such demand shall be returned undelivered or not.
(5)(a) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which gasoline offered for retail sale was dispensed into the fuel tank of such motor vehicle unless the payment of authorized charge for the gasoline dispensed has been made.
(b) In addition to the penalties prescribed in paragraph (3)(a), every judgment of guilty of a petit theft for property described in this subsection shall provide for the suspension of the convicted person's driver's license. The court shall forward the driver's license to the Department of Highway Safety and Motor Vehicles in accordance with s. 322.25.
1. The first suspension of a driver's license under this subsection shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver's license under this subsection shall be for a period of 1 year.
Criminal Defense Attorney Edward J. Chandler, Esq.
Practice Area - Criminal Law
Drug Crimes
- Possession of Drugs
- Possession of Drug Paraphernalia
- Trafficking of Drugs
- Manufacture of Drugs
- Delivery of Drugs
- Sale of Drugs
- Trafficking Oxycontin
Felonies
- Grand Theft 1st, 2d, and 3rd Degrees
- Probation Violations VOP
- Battery on a Law Enforcement Officer - Battery on a LEO
- Resisting with Violence - Obstruction
- Aggravated Assault - Ag Assault
- Aggravated Battery- Ag Bat
- Concealed Weapon
- False Imprisonment- Kidnapping
- Practicing medicine without a License
- Practicing Dentistry without a License
- Sexual Battery - Sex Bat
- Child Abuse - DCF Investigations
- Homicide
- Murder and Manslaughter
- Burglary of Dwelling
- Robbery Offenses- Strong Arm Roberry
- Lewd and Lascivious - Indecent Exposure
- Other Felony Crimes
Misdemeanors
- DUI and BUI
- Disorderly Conduct - Open Container
- Shoplifting Retail Theft
- Petit Theft
- Domestic Violence and Domestic Battery
- Prostitution Offenses- Solicitation
- Other Misdemeanor Crimes- MM cases
Fraud Offenses
- Mortgage and Bank Fraud
- Organized Fraud and Conspiracy
- Insurance Fraud and Internet Fraud
- Credit Card Fraud and Identity Theft
- Health Care Fraud
- Bankruptcy Fraud
- Medicare Fraud
- Other Fraud Crimes
Federal Crimes
- Immigration Crimes
- Child Pornography
- Bribery
- Civil Rights
- Kidnapping
- Extortion
- Falsely Claiming Citizenship
- Bank Robbery
- Contempt of Court
- Other Federal Crimes
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard Telephone: (954) 788-1355
Pompano Beach, Fl 33060 Facsimile: (954) 788-1357
Call Today! 24/7
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard Telephone: (954) 788-1355
Pompano Beach, Fl 33060 Facsimile: (954) 788-1357
Call Today! 24/7
"FROM ARREST TO TRIAL "
KNOW YOUR RIGHTS!
My goal is to represent my clients as I would want to be represented, always putting their interests first, diligently working to fully understand and serve the clients' needs. In short, to do whatever it takes for the successful resolution of the
clients' causes.
If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.
Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.
Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.
Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life. Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. "I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with."
Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida. Edward J. Chandler prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.
When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A. at (954) 788-1355 24/7 immediately! Your phone consultation is free and completely confidential.
Professional Organizations:
* Florida Bar since 1991
* Broward County Bar Association
* Association of Trial Lawyers of America -ATLA
* Federal Bar
* Federal Court -Southern and Middle Districts of Florida
* Supreme Court of United States
* 4th District Court of Appeals
* 11th Circuit Court of Appeals
* United States Tax Court
Call attorney Edward J. Chandler, Esq. at (954) 788-1355 for a free consultation.
Law Office of Edward J. Chandler, P.A.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
"From Arrest to Jury Trial"
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