Fort Myers Theft Lawyer

Experienced Theft Attorney in Fort Myers

If you are charged with theft, it can be life-changing. While innocent until proven guilty is the standard, your reputation and relationships are immediately tested. Protecting yourself is crucial to overcoming the accusations against you. A criminal conviction for a theft charge can leave you facing fines and jail time while simultaneously impacting where you could potentially work or live. A Fort Myers theft lawyer can help you figure out a path forward for your case.

Hire a Theft Lawyer

At Day, Gorman & Hopkins, PLLC, we understand how overwhelming and confusing a theft case can be. It’s understandable to feel scared, angry, and unsure of what to do next when you are charged under Florida’s theft laws. Having an experienced Fort Myers theft attorney in your corner can help. Putting the needs of our clients first, our team uses its extensive knowledge and experience to build a defense strategy that meets the unique circumstances of each case.

Theft in Florida

Known for its thriving tourism industry, theft cases are common in Florida. Whether visiting one of the many theme parks or enjoying the eclectic city experiences throughout the state, there are a variety of circumstances that could find you or a loved one accused of theft or the victim of it. Fort Myers, with its beautiful beaches and even a major university, is no exception.

In 2024, there were 317,440 reported theft cases in the state. Theft, including fraud and embezzlement, represented 16.6% of all criminal offenses in the state that year. Theft includes crimes against personal property, which occurs in Florida at a rate of 1,420 per 100,000 people,  lower than the national average but still considerable.f

If you are charged with a crime, the most important asset you need to have when going up against theft charges is a strong defense strategy. Hiring a theft lawyer to work alongside you can help you successfully navigate the legal system. They will review the circumstances of your case to help with a dismissal, a reduction of charges, or an acquittal.

Common Defenses Against Theft Charges

Each case of theft is unique and requires a specific defense strategy. Our team doesn’t believe in a one-size-fits-all defense model. Based on your details, we may utilize one of the following strategies:

• Lack of intent. Intent is one of the elements that must be proven. Demonstrating that the alleged theft was a mistake, a misunderstanding, or the result of absent-mindedness could help to paint a different picture of the events that led to your accusation.
• Consent/Permission. For a crime to have been committed, a crime needs to have occurred. If you can prove that the owner of the property gave you consent or permission to take or borrow that property, you likely have a strong defense. If you have permission from the property owner to have possession or to use the property in a specific way, you have not broken the law.
• Claim of ownership. It’s possible that you took the property because you truly believed it belonged to you, if you can prove, in good faith, that the property belonged to you or that you had a joint ownership interest, which can serve as a valid defense.
• Constitutional violations. When the police arrest you for theft, they must undergo certain procedures. They need to read you your Miranda rights, and they need to have a valid search warrant or probable cause. Anything less than total adherence to police procedure may be viewed as a constitutional violation of your rights, which can seriously weaken the state’s case against you.
• Entrapment. While proving entrapment can be difficult, it can be a valid defense if you are able to do so. Entrapment occurs when law enforcement officers essentially trick somebody into committing a crime that they would likely never have done otherwise. If you can prove you were coerced into the crime by the police, your lawyer can build a case based on that defense.

FAQs

How Can I Get a Theft Charge Dropped in Florida?

To get a theft charge dropped in Florida is a matter of the circumstances of your case. When reviewing your case, you and your lawyer will navigate the details to look for any of the common defenses, unique situations, or misconduct on the part of law enforcement. If you are unable to devise a plan for them to be completely dropped, and you are a first-time offender, you may be offered a pre-trial diversion program instead of a conviction.

What Is the Penalty for Theft in Florida?

The penalty for theft in Florida depends entirely on the value of the stolen goods and your prior criminal record. If the property is valued under $750, it’s a misdemeanor for petit theft that may include up to a year in jail and a fine of $1,000. If it’s valued over $750 but less than $20,000, it’s third-degree grand theft and punishable by up to five years in prison and a $5,000 fine.

Do Cops Care About Petty Theft?

Cops absolutely care about petty theft in Florida. If you are caught committing petty theft, you are going to face consequences if you are charged. Petty theft is often prosecuted as a criminal offense, even though the value of the stolen goods is minimal. If you are charged with such a crime, you need to contact a lawyer as soon as possible and start working on a defense.

Should I Hire a Defense Lawyer?

You should hire a defense lawyer. This situation can quickly spiral out of your control. The last thing you want is to be up against an experienced prosecutor without legal help of your own. You may not succeed. A good lawyer can help you figure out the right course of action and give you a strong chance at seeing this through without a conviction.

Fort Myers Theft Lawyer

The accusation of theft challenges your reputation, credibility, and trustworthiness. With the help of an attorney, you protect these important qualities as well as avoid unnecessary jail time or fines. At Day, Gorman & Hopkins, PLLC, we can assist you in building your defense and giving you the resources you need to succeed. Contact us to speak with a member of our team about your options. Let our knowledge and experience help you navigate the legal road ahead.