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What is theft defense law?

With theft defense law, the element of intent to permanently deprive the rightful owner of their property must be proven. Theft defense lawyers must also consider the degree of theft. The most common theft case defenses include claim of right or ownership of property and return of property.

New Smyrna Beach, Florida Theft Defense Attorney

Avallone Law P.A represents those who have been charged with retail theft or shoplifting of any kind in Daytona Beach and throughout Volusia County.

Florida Statute Chapter 812 covers shoplifting and other crimes that have to do with theft. Shoplifting is also referred to as “retail theft” and includes the stealing of or possession of merchandise that you did not pay for. It also includes removing a label, using a universal product code or price tag, changing merchandise labels, or removing a shopping cart. The end result is that you do not pay full retail value for the merchandise.

Attorney Larry Avallone represents those who have been charged with retail theft as well as credit card theft, auto theft, and burglary.

Florida courts are strict on both the accused and the juries. Lawyers and attorneys have to prove that there are two elements in place before a person can be convicted of theft. The first is that the defendant knowingly took possession of the merchandise, altered it in order to pay less, or removed a shopping cart from a merchant's premises. The second is that the defendant purposefully took possession of the item to avoid paying the full retail value of the item. This means that it has to be proven that it was not an accident.

However accidents do happen, and that is why we have to protect the innocent. Children especially have been known to pick up merchandise without their parents realizing it.

Getting convicted of theft can have serious implications. Employers do thorough background checks for potential employees, but if they see theft, it may limit your choices. Knowledgeable Florida theft attorneys are able to prevent it from showing up on your background checks.

Penalties for Theft

The penalties for theft vary based on each situation and how much monetary value was stolen. There are differences between stealing a $10 item and a $25,000 item, and you will be punished based that amount. Something like grand theft or automobile theft is a felony charge and will likely incur jail time, fines, and possibly license revocation.

The most important thing you can do to try to avoid any charges is to get a skilled and proven theft attorney who has experience fighting for his clients. If you have been charged with a theft crime in Daytona Beach, New Smyrna Beach, Edgewater, Ormond Beach or areas surrounding Volusia County, call us at 386-682-9235 as soon as possible so we can help fight for your rights.