Orlando Lawyers - Criminal Defense

ORLANDO LAWYERS - CRIMINAL DEFENSE, DIVORCE, DUI & PERSONAL INJURY

CRIMINAL MISCHIEF & THEFT INFORMATION:
Criminal Mischief and Theft case are fairly common in Central Florida.
Criminal Mischief cases involve damage to another persons property
usually caused or brought about because of a dispute between the
individuals, although occasionally random acts of criminal mischief
will occur as well. Most of the theft cases involve shoplifting and
usually the person involved has no or few prior arrests. Speak with
an attorney about your case and the defenses that may be available.

At our Orlando law firm, we've handle hundreds of cases involving
criminal mischief and theft. Call us today at (407) 648-5255 for a
Free Case Review of your individual situation.

The following section provides some basic information about criminal mischief and theft:

Criminal Mischief is a violation of Florida Statute 806.13 which essentially states that a person
commits the offense of criminal mischief if he or she willfully and maliciously injures or damages
by any means any real or personal property belonging to another, including, but not limited to, the
placement of graffiti thereon or other acts of vandalism thereto.

Generally speaking:
If the damage to the property is $200 or less it is a 2nd Degree Misdemeanor punishable by up to
60 days in the county jail.

If the damage to the property is greater than $200 but less than $1,000 it is a 1st Degree
Misdemeanor punishable by up to 1 year in the county jail.

If the damage to the property is $1,000 or more it is a 3rd Degree Felony punishable by up to 5
years in State Prison.

Certain factors can increase the level of offense though, such as the type of property or if the
individual had a prior conviction for this offense. Other penalties that may apply as well are fines,
community service hours, programs or classes, and restitution in addition to court costs and
probation costs. Depending on the allegations and facts of the case, a minor may also face the
loss of driving privileges as well under this Statute.

Theft is a violation of Florida Statute 812.014 and occurs when a person knowingly obtains or
uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or
permanently: Deprive the other person of a right to the property or a benefit from the property, or
appropriate the property to his or her own use or to the use of any person not entitled to the use of
the property.

Grand Theft is a 1st Degree Felony if:

the property stolen is valued at $100,000 or more.
the property stolen is cargo valued at $50,000 or more that has entered the stream of
interstate or intrastate commerce from the shipper's loading platform to the consignee's
receiving dock.
the offender commits any grand theft and: In the course of committing the offense the offender
uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist
in committing the offense and thereby damages the real property of another.
In the course of committing the offense the offender causes damage to the real or personal
property of another in excess of $1,000.

Grand Theft is a 2nd Degree Felony if the property stolen is:

Valued at $20,000 or more, but less than $100,000.
Cargo valued at less than $50,000 that has entered the stream of interstate or intrastate
commerce from the shipper's loading platform to the consignee's receiving dock.
Emergency medical equipment, valued at $300 or more, that is taken from a facility licensed
under chapter 395 or from an aircraft or vehicle permitted under chapter 401.

Grand Theft is a 3rd Degree Felony if the property stolen is:

Valued at $300 or more, but less than $20,000.
A will, codicil, or other testamentary instrument.
A firearm.
A motor vehicle, except as provided elsewhere in Florida Statute 812.014
Any commercially farmed animal, including any animal of the equine, bovine, or swine class,
or other grazing animal, and including aquaculture species raised at a certified aquaculture
facility. If the property stolen is aquaculture species raised at a certified aquaculture facility,
then a $10,000 fine shall be imposed.
Any fire extinguisher.
Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
Taken from a designated construction site identified by the posting of a sign as provided for in
Fla. Stat. 810.09(2)(d).
Any stop sign.
Anhydrous ammonia.
Valued at $100 or more, but less than $300, and is taken from a dwelling as defined in Fla.
Stat. 810.011or from the unenclosed curtilage of a dwelling pursuant to Fla. Stat. 810.09.

Petit Theft is generally a 1st Degree Misdemeanor punishable by up to 1 year in the county jail if
the property stolen is valued at $100 or more, but less than $300. Theft of any property worth less
than $100 is generally a second degree misdemeanor punishable by up to 60 days in the county
jail. The levels of offense for petit theft can increase, however, after successive petit theft
convictions. A person with two previous petit theft convictions, accused of a third faces a 3rd
Degree felony punishable by up to 5 years in jail.

Call us today at (407) 648-5255 to speak directly with an Orlando Criminal Defense Attorney
about your individual situation.

For more information about some of the criminal charges we provide representation on,
please visit the links below:

The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal
advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique,
and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your
earliest convenience to schedule a consultation.

WILSON

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