A theft conviction can follow you for life. Whether the charge is petit theft or a serious felony, the firm defends it in Florida and Washington, D.C.
Property offenses are often defined by the value involved, which is what separates a misdemeanor from a felony.
Florida grades theft by value in Section 812.014 of the Florida Statutes. Theft of property valued under $100 is second-degree petit theft, and theft of property valued from $100 to $749 is first-degree petit theft, both misdemeanors. Once the value reaches $750, the offense becomes grand theft, a felony. Grand theft is charged in the third degree for values from $750 to $19,999, in the second degree from $20,000 to $99,999, and in the first degree at $100,000 or more.
Certain items, such as firearms and motor vehicles, are grand theft regardless of value. Because a single dollar figure can move a case from misdemeanor to felony, the alleged value is often a central issue in the defense.
The District of Columbia grades theft in Section 22-3212 of the D.C. Code. Theft of property valued at $1,000 or more is theft in the first degree, a felony punishable by up to ten years of imprisonment. Theft of property valued below $1,000 is theft in the second degree, a misdemeanor punishable by up to 180 days. The District also provides enhanced penalties, including a mandatory minimum, for individuals with prior theft convictions.
As in Florida, the value threshold is decisive, and it is frequently contested. How the property is valued can determine whether a client is facing a misdemeanor or a felony.
Theft and property offenses require the state to prove intent, and intent is often where these cases are won or lost. A mistaken belief of ownership, a lack of intent to permanently deprive, an inflated valuation, or a mistaken identification can each undercut the charge. The firm examines the evidence, the valuation, and the circumstances of the alleged offense.
Alec Kohn's experience as a former Miami-Dade prosecutor informs how he evaluates the strength of a property case and where it can be challenged. You work directly with the attorney on your case, and the firm answers 24 hours a day.
The figures on this page are drawn from the following primary and secondary sources. Statutes and penalties change; this summary is reviewed by the firm and is not a substitute for legal advice on your specific matter.