Orlando Theft Attorney

Theft-Robbery-and-BurglaryThe Florida statutes penalize theft and related crimes severely. Jonathan Rose has successfully defended all types of theft related offenses, including shoplifting, burglary, and robbery.

Lasting Effects of a Theft Conviction

While at first glance a conviction for a misdemeanor theft offense may not seem incredibly serious, even one misdemeanor theft conviction can have lasting effects on your life. Such convictions can severely hinder employment and educational opportunities, and even affect your ability to obtain credit and housing.

Effect of Multiple Misdemeanor Convictions

Theft offenses in Florida state court are classified as misdemeanor offenses if the value of the allegedly stolen property is less than $300. However, a third conviction can be prosecuted as a third degree felony, further complicating an already difficult situation.

Burglary

Residential burglary, or "burglary of a dwelling," is among the most harshly penalized crimes in Florida state court. Even a first conviction for this offense requires a minimum 21 month prison sentence, unless a plea agreement is reached with the prosecutor requiring less punishment or the judge is convinced that a lesser sentence is justified based on specific criteria. Proving this charge merely requires that someone entered a building designed to be lived in with the intent to commit a crime in that building - any crime other than trespassing.

Ineligibility for Sealing and Expunging

A conviction, or even an arrest, for Burglary of a Dwelling is specifically excluded from being sealed or expunged from one's criminal history. If you are suspected of such an offense, contact Attorney Jonathan Rose to discuss the possibility of working to prevent an arrest or conviction for this highly stigmatizing offense.

Robbery

There are many forms of robbery in the Florida statutes. At its core, robbery is a theft accomplished by the use of violence, or the threat of violence, whether the violence occurs before or after the property is obtained from the owner. All forms of robbery are felonies, ranging from "sudden snatching" robbery to armed robbery. Robbery convictions are also ineligible for sealing or expunging.

Defenses

Depending on the circumstances of each case, numerous defenses may be available. These are some examples of possible defenses in theft-related cases.

  • Possession of Recently Stolen Property: If a person is in possession of stolen property a significant amount of time after a theft allegedly occurred, prosecutors must prove that the person knew - or should have known - that the property in question was stolen. In this scenario, there must be some independent evidence that the property was stolen. Simply being in possession of stolen property is insufficient to prove theft.
  • Mere Presence: Similarly, it is insufficient for the prosecutor to merely prove that a person was present for the commission of a crime. At a minimum, prosecutors must prove that the individual charged knew the crime was occurring, and, more importantly, helped or aided the person committing the theft in some way.
  • Identification: In many instances, theft offenses are investigated after the crime occurred, and thus there is no witness to the alleged crime itself. In these instances, forensic evidence such as DNA and fingerprints may be used to prove the identity of the suspect. Based on television, movies, and media coverage, these forms of evidence are frequently thought to be insurmountable. However, in many cases, they are not. DNA evidence requires a strict process to be followed, and deviations from that process may cause the evidence to be questionable, or even unavailable to prosecutors to use in a trial. Further, the "science" of fingerprint identification has come under significant scrutiny in the past several years. Fingerprint analysts must be able to support their findings under significant scrutiny based on the lack of actual science involved in fingerprint analysis.

Schedule Your Initial Consultation Today

To talk to Mr. Rose about your case in an initial consultation, please call Jonathan Rose, Attorney at Law, at 866-371-5615. You may also request an appointment online.

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