Shoplifting may not sound like a serious conviction on your record, but any type of theft can make employers reluctant to hire or promote you, and anyone who runs a simple background check on you for a loan, scholarship, housing, adoption, etc., will see that you were convicted of stealing someone else’s property. And, if the value of the item you took exceeded a certain amount you may be convicted of a felony crime and be sentenced to up to 10 years in prison and be subject to a fine of $15,000 or more for victim restitution.
Theft crimes generally encompass any crime where someone’s property is taken without permission with the “intention of permanently depriving the owner of the property.” Other crimes, including fraud, white-collar theft, and violent crimes (i.e., use of threat or a weapon during the commission of a theft crime) can add substantial penalties to a conviction.
Penalties for theft crimes involving property in Florida are found for the most part under larceny laws. Depending on the value of property stolen, an offender may face misdemeanor or felony charges, however, judges are allowed to use discretion when sentencing:
•Less than $200: Up to 93 days in jail; a fine of up to $500
•$200 to less than $1,000: Up to one year in jail; fines of up to $2,000
•$1,000 to less than $20,000: Up to five years in prison; fines of up to $10,000
•$20,000 and Over: Up to ten years in prison; fines of up to $15,000
The fines imposed upon sentencing for a theft crime may be up to three times the value of the property taken, if this is greater than the maximum fine that may otherwise be enforced.
Post-Conviction Options After a Misdemeanor or Felony Theft Crime Conviction
If you have been convicted of shoplifting, or any other type of property or theft crime, you may think you have lost your legal battle and there are no other options to consider. However, there may be more that an experienced appellate attorney can do to help you improve the outcome of your case. A few of the post-conviction options you may still have include:
•File a motion for a new trial.
•If your sentence or fine was excessive, you may be able to appeal your sentence.
•If you plead guilty and accepted a plea bargain that was not honored, you may be able to motion to withdraw or change your plea.
•If you received inadequate counsel and were found guilty as a result of ineffective counsel you may be able to file a motion for Ginther Hearing.
•If you served your time but your criminal record is holding you back, you may be able to have your record expunged.
Experienced Property and Theft Crime Post-Conviction Attorneys
We are experienced trial lawyers and appellate lawyers. We know how to review court records to see if any of your rights were violated during the trial or sentencing process. If you were found guilty for a crime you did not commit because of ineffective counsel, juror misconduct or bias, or because of something the judge did or failed to do, we may be able to help you.
We offer a wide variety of post-conviction services, including:
- Appeal by Application for Leave
- Appeal of Right
- Applying to the Court for Probation
- Conviction Set Aside/Record Expungement
- Federal Appeals
- Grounds for a Motion for a New Trial
- Florida Criminal Sentence Appeals
- Florida Supreme Court Appeals
- Motion for Directed Verdict
- Motion for Ginther Hearing – Ineffective Counsel
- Motion to Change or Withdraw a Plea
- Other Motions and Appeals
- Post-Conviction and Pre-Sentencing Motions
When you hire the law firm of CPLS, you can count on a thorough investigation into your case and aggressive post-conviction representation to help you improve the outcome of your case.
We offer a free initial consultation. Email our post-conviction services and appeals attorneys or call us at 1-407-647-7887. The statute of limitations is extremely short for filing motions and appeals. The sooner you call, the better your chances are of ensuring you can pursue all your legal options.