Theft Crimes

More Strict Penalties For Florida Theft Crimes Are Coming

Published on: February 18, 2024 | by Roelke Law, P.A.

Have you been arrested, or received a notice to appear or citation, for petit theft? If so, you will soon need to be even more careful how your case is resolved due to a recent proposal to strengthen Florida laws concerning theft crimes.

Up until now, persons committing petit theft in Florida generally did not have to worry about going to jail or prison for their offense. But earlier this week Governor Ron DeSantis announced proposed legislation aimed at slowing the increasing numbers of retail theft and porch piracy throughout the country. According to Governor DeSantis, retailers nationwide lost $112 billion to retail theft, with notable increases in major cities such as New York, Los Angeles and Washington, D.C.

“If you commit a crime in Florida, you are going to be held accountable,” Governed DeSantis warned. “We will not tolerate retail crime, porch pirates and the lawlessness that they allow in California and New York.” Continue reading

How to Avoid a Felony Conviction and Prison In Your Grand Theft Case

Published on: January 13, 2021 | by Roelke Law, P.A.

Have you been charged with the crime of grand theft of electronics or other depreciating assets? If so, you may have grounds to have your charges reduced from a felony to a misdemeanor, thereby avoiding a felony conviction, prison and/or substantial jail time. The recent decision from the Florida First District of Appeal in Gallion v. State shows how.

There the State alleged Gallion had stolen two televisions and a stereo from the victim. At trial, the victim provided a receipt for one of the televisions reflecting it had been purchased for $532.86 the year before Gallion stole it. The victim provided an additional receipt showing she had purchased the stolen stereo for $699.99. There was no evidence offered regarding the value of the other television. Except for the two receipts, there was no testimony regarding the condition of the items at the time they were stolen, or how much they may have depreciated in value after they were purchased. Gallion was convicted of grand theft. He then appealed.

The appellate court first stated that in a grand theft case, the State must prove the value of the stolen property is greater than $300 pursuant to Florida Statute § 812.014(2)(c)1. (The threshold value for grand theft has since been raised to $750.) “Value means the market value of the 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.” Id. at § 812.012(10)(a)1. Further, citing to its prior decision in Carter v. State, the court observed “[t]he value of tangible personal property may be proved with evidence of the original purchase price, together with the percentage or amount of depreciation since the property’s purchase, its manner of use, and its condition and quality.” Critically, the court further noted under Carter the State’s evidence is insufficient where it “elicit[s] no testimony regarding the condition and quality of any of the items taken or their depreciation.” Continue reading

An Unusual Petit Theft Case

Published on: December 15, 2017 | by Roelke Law, P.A.

I recently favorably resolved a petit theft case with a most unusual fact pattern. I’m discussing it here to highlight how important it is for your criminal defense lawyer to investigate all the facts to get you the best possible result in your case.

The police report stated my client had gone to a beaches area bar, had some drinks and failed to pay for them. He was then issued a Notice to Appear for the crime of petit theft. Seems like a cut and dried case, right? Not so fast! Rather, as is often the case, the arrest narrative in this matter omitted several facts extremely helpful in defending my client against his charges.

My investigation of the matter revealed critical facts not contained in the Notice to Appear narrative. To begin with, the day of his arrest, my client was first contacted via text message by a friend who stated he would pay for drinks that night if my client would go out. My client happily accepted the offer in a reply text message. What initially looked like the beginning of a fun evening for my client ended with him needing a criminal defense lawyer. Continue reading