Fort Myers Theft Lawyer

Theft Attorney in Fort Myers, FL

If you’re facing theft charges in Florida, you need a Fort Myers theft lawyer on your side. Whether you’re facing porch pirate charges in Edison Park or shoplifting accusations Downtown, Florida has strict statutes, and prosecutors are notoriously aggressive. Call The Caldarone Law Group, P.A. Our experienced lawyer can explain the charges you face and work toward a dismissal.

Hire a Theft Lawyer at The Caldarone Law Group, P.A.

I am Justin P. Caldarone, the founding member of The Caldarone Law Group, P.A. I provide a sophisticated defense against theft and property crime allegations. As a former prosecutor, I have firsthand knowledge of how the State constructs its case. I use that insight to build a powerful defense for you. From Captiva Island to Fort Myers Beach, I am ready to protect your rights against any theft charge.

Florida’s Theft Laws

Florida’s theft laws are among the toughest in the nation. Local prosecutors rarely show leniency. 

Petit Theft 

A misdemeanor, petit theft, is categorized by the value of the property stolen. It typically results in misdemeanor charges. 

• Second-degree petit theft. This involves property valued under $100. A conviction can lead to up to 60 days in jail and a $500 fine.
• First-degree petit theft. This applies to property valued between $100 and $749. A conviction can lead to a maximum of one year in jail and a $1000 fine.

Grand Theft

A felony, grand theft, can have life-altering consequences.

• Third-degree grand theft. This includes the theft of property valued between $750 and $19,999, or property stolen from a Florida dwelling valued over $100. If convicted, potential penalties include up to five years in prison and a $5,000 fine.
• Second-degree grand theft. This applies to property valued between $20,000 and $100,000, or the theft of emergency medical or police equipment worth over $300. With a conviction, this carries up to fifteen years in prison and a $10,000 fine.
• First-degree grand theft. This is the most serious theft charge in Florida. It involves property valued at $100,000 or more, or theft involving the use of a motor vehicle other than as a getaway vehicle. A conviction for first-degree grand theft can carry up to thirty years in prison and a $10,000 fine. 

Retail Shoplifting and Theft

Shoplifting carries specific criminal penalties. If convicted, repeat offenders may face civil liability as well. 

Porch Piracy

Laws exist to prevent the theft of packages, mail, or other property from someone else’s doorstep or surrounding area. If convicted, this crime carries criminal penalties. 

Getting a Conviction

To get a conviction, the State must prove that property was taken with the goal of keeping it, even if only for a little while. Also, certain items like cars, guns, or construction supplies automatically count as grand theft, no matter how much they’re actually worth.

Crime in Context

In a typical year, Fort Myers has an average crime rate of 27.28 per 1,000 residents. In 2023, Florida saw 535 drug-involved deaths and 325 fatalities statewide. Data about local crime rates and drug-involved deaths is important. It helps my potential clients understand the severity of the local environment of Fort Myers. It suggests that local law enforcement is likely aggressive, making the need for experienced legal counsel more urgent. 

In this country, there are approximately 2 million people who are incarcerated across 1,566 state and 98 federal prisons. With 2 million individuals in jail, not only do I know this relevant information, but I make sure this doesn’t happen to you. I understand the high stakes of criminal charges, and I work hard to protect your rights and keep you out of prison. 

FAQs

Are There Any Legal Defenses to Theft in Florida?

Yes, a lawyer can explore whether any legal defenses apply to your specific case. They may argue you had a genuine, reasonable belief the property was yours. They can show that the owner gave you clear permission to take or use the item. They can argue entrapment by law enforcement. They can show you never intended to deprive the owner of their property or keep it from them. An experienced lawyer knows which defense works well for your specific case. 

Do I Need a Lawyer for a Theft Case?

While you’re not required to hire a lawyer for a theft case in Florida, a lawyer can provide comprehensive assistance with your charges. When you hire a theft lawyer, they can build a strong case and discuss how to gather evidence to support your account of events. They can poke holes in the version of the case the State argues. Hiring an attorney is an effective way to protect your rights. 

Why Should I Hire a Lawyer for a Theft Case?

You should hire a lawyer for a theft case because handling your own case is risky. The legal system is built on technicalities that a Florida prosecutor can use against you if you represent yourself. A lawyer can protect your future. When you hire a lawyer, they can review the evidence for chain of custody errors or Fourth Amendment violations to see if evidence can be thrown out. Consider calling my office to talk about how I can help. 

Is Theft Always a Misdemeanor in Florida?

No, theft can be either a misdemeanor or a felony in Florida. Whether theft is charged as petit or grand theft depends on the specific details of the incident and someone’s prior criminal record. Generally, petit theft is handled as a misdemeanor, but grand theft is treated as a more serious felony charge. If you’re facing misdemeanor or felony charges in state or federal court, call a lawyer for reliable assistance.

Need to Beat Theft Charges? Call The Caldarone Law Group, P.A. Today

To hire a theft lawyer, call The Caldarone Law Group, P.A. As a former prosecutor, I work with my clients personally on their theft cases in state and federal court. If you’re facing charges, let’s start crafting your defense today. Contact me for a consultation with an experienced Fort Myers theft lawyer.