Being accused of theft as a juvenile in Florida can be a life-altering experience. Whether it involves petit theft, grand theft, or shoplifting, these charges can lead to significant legal consequences under Florida law. A conviction may affect a juvenile’s immediate freedom and their educational and professional future.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand juveniles’ unique challenges in the legal system. Our experienced attorneys are here to protect your child’s rights and work toward minimizing the impact of these charges. Call (813) 981-7005 today for a free consultation.
What Is Juvenile Theft?
Under Florida law, theft occurs when someone intentionally takes another person’s property without permission, intending to deprive the owner of its use. When committed by someone under the age of 18, it is classified as juvenile theft. While juveniles are generally treated less harshly than adults, the charges and penalties depend on the type and value of the property involved and the individual’s criminal history.
Juvenile theft offenses are handled in Florida’s juvenile justice system, which focuses on rehabilitation rather than punishment. However, serious cases can still have severe consequences, making strong legal representation essential.
Petit Theft: § 812.014(2)(e)
Petit theft refers to the theft of property valued at less than $750. For juveniles, this is often charged as a misdemeanor and may carry penalties such as:
- Fines: Juvenile offenders may be required to pay monetary fines as part of their punishment.
- Community Service: Courts often mandate certain hours to be completed at nonprofit organizations.
- Probation: Juveniles may be placed under court supervision with conditions such as regular check-ins, curfews, and school attendance requirements.
- Diversion Programs: These are designed to help juveniles avoid a formal conviction by completing educational courses, counseling, and other rehabilitative activities.
Long-Term Consequences:
Even though petit theft is a misdemeanor, a conviction could result in a criminal record. This may affect college admissions, job applications, and eligibility for certain professional licenses if not properly sealed or expunged.
Grand Theft: § 812.014(2)(a)-(c)
Grand theft involves stealing property valued at $750 or more. The severity of the charge depends on the value and type of the property:
- Third-Degree Felony: Property valued between $750 and $20,000, punishable by up to 5 years in prison or juvenile detention. Alternative penalties such as probation or house arrest are common for juveniles.
- Second-Degree Felony: Property valued between $20,000 and $100,000, punishable by up to 15 years in prison or juvenile detention. This charge often applies to cases involving the theft of emergency medical equipment or law enforcement property.
- First-Degree Felony: Property valued at $100,000 or more or theft that causes over $1,000 in property damage. This is punishable by up to 30 years in prison. Juveniles convicted of first-degree grand theft may face extended detention in a secure juvenile facility.
Additional Factors:
- Theft involving motor vehicles, firearms, or controlled substances may carry enhanced penalties.
- Restitution payments to the victim are frequently required.
- Juveniles may be ordered to attend court-mandated counseling or anger management programs.
Shoplifting: § 812.015(1)(d)
Shoplifting, or retail theft, occurs when someone takes merchandise from a store without paying for it. Charges can vary based on the value of the stolen items:
- Petit Theft: This is typically a misdemeanor for merchandise valued under $750.
- Grand Theft: For merchandise valued over $750, this becomes a felony charge.
Potential Consequences for Juveniles:
- Detention or probation
- Restitution payments to the store
- Court-ordered community service
- Participation in diversion programs
Even seemingly minor shoplifting incidents can significantly affect a juvenile’s school standing, extracurricular eligibility, and future employment opportunities.
Common Defenses:
Legal defenses may include lack of intent to steal, mistake of ownership, or procedural errors during the arrest.
Consequences of Juvenile Theft Convictions in Florida
A juvenile theft conviction can have serious consequences, including:
- A Criminal Record: Although juvenile records are generally sealed, certain agencies may access some offenses.
- Loss of Driving Privileges: Courts may suspend or delay a juvenile’s eligibility for a driver’s license.
- Court-Ordered Restitution: Offenders may be required to compensate victims for stolen or damaged property.
- Probation or Detention: Juveniles may face probation with strict conditions or placement in a juvenile detention facility.
- Mandatory Diversion Programs: These may include theft prevention classes, counseling, or anger management programs.
Impact on Future Opportunities:
A juvenile theft conviction can hinder opportunities for:
- Education: Colleges may review juvenile records during admissions.
- Employment: Some employers conduct background checks even for juvenile offenses.
- Military Service: A record of theft may complicate enlistment.
The Focus on Rehabilitation:
Florida’s juvenile justice system often prioritizes rehabilitation over punishment. Diversification programs, community service, and counseling aim to help juveniles learn from their mistakes and avoid future legal trouble.
Frequently Asked Questions About Juvenile Theft
What happens if my child is arrested for theft in Florida?
After an arrest, your child may be released to your custody or held in a juvenile detention facility until a hearing is held. Contacting a criminal defense attorney immediately is crucial to protect your child’s rights and build a defense strategy. Legal intervention often leads to more favorable outcomes, such as diversion programs or case dismissal.
Can juvenile theft charges be expunged?
Yes, juvenile records can be sealed or expunged in many cases, depending on the offense’s severity and how the case was resolved. Successfully sealing or expunging a record can prevent future employers, schools, and others from accessing the information. An experienced attorney can guide you through the process and ensure your child meets all legal requirements.
Will a juvenile theft charge affect my child’s future?
A juvenile theft charge can impact future educational, employment, and even military service opportunities, especially if not handled properly. While juvenile records are generally private, some charges may be accessible for certain background checks. Early legal intervention can reduce these risks through diversion programs or record expungement.
What are the common penalties for juvenile theft in Florida?
Penalties for juvenile theft can include probation, community service, counseling, restitution to victims, and mandatory attendance in educational programs. In more serious cases, juveniles may face detention in a juvenile facility. The court often prioritizes rehabilitation, which allows for alternative sentencing options.
Can my child be tried as an adult for theft in Florida?
Yes, depending on the severity of the offense and the juvenile’s age, Florida law allows for juveniles to be transferred to adult court. This is more likely for grand theft or cases involving repeat offenses. Adult convictions carry much harsher penalties, making strong legal defense critical.
Why Work With Our Florida Juvenile Theft Defense Attorneys?
If your child is facing theft charges in Florida, it’s important to understand that a conviction can have long-lasting consequences, including a permanent criminal record, potential detention, and damage to their future educational and employment opportunities. Working with an experienced juvenile defense attorney like Brett Metcalf is crucial in protecting your child’s future and helping them navigate the complex juvenile justice system.
With a background as a former prosecutor at the State Attorney’s Office, Brett Metcalf brings invaluable insight into how theft charges are handled in juvenile court. He uses this experience to craft strong defense strategies, whether it involves challenging the evidence, negotiating for a diversion program, or seeking a dismissal of charges. Brett is committed to ensuring that your child receives the most favorable outcome possible and avoids lasting legal consequences.
Since 2012, Brett has successfully represented juveniles facing a variety of theft charges, including petty theft, shoplifting, grand theft, and burglary. He works closely with families to explain the process, their rights, and the best course of action to minimize the impact of these charges.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Protect Your Child’s Future – Call Today
Juvenile theft charges can have lasting repercussions, but with the right legal strategy, your child’s future doesn’t have to be derailed. The experienced attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A., are here to provide personalized legal solutions and unwavering support.
Call (813) 981-7005 or complete our online contact form to schedule your free consultation. Let us help you protect your child’s rights and guide your family through this challenging time.
