Tampa Theft Attorney

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Have you been accused of a theft offense in Tampa? Call a theft law firm now, whether you’ve been charged or under investigation. With the help of an experienced Tampa theft attorney, you may avoid charges or reduce the impact on your life. Brett Metcalf, Criminal Defense Attorneys, P.A. will assess your options and fight for the best possible outcome. Call (813) 258-4800 or use our online form to schedule a free consultation.

Why Hire Brett Metcalf, Criminal Defense Attorneys, P.A.

The penalties for theft are serious. You’re looking at fines and court costs, incarceration, probation, and worst of all, a permanent criminal record. A theft offense makes you appear untrustworthy. Even if you complete your sentence without an issue, people hold this mistake against you for a long time, making it hard to go to school, get loans, keep a job, or rent a home.

Brett Metcalf wants to help you overcome these charges. He’s an experienced theft criminal lawyer in Tampa who started in the State Attorney’s Office. As a former prosecutor, he knows how prosecutors think and build cases. He knows what to expect, which gives him an edge in the courtroom.

Brett began his private defense practice in 2012. Since then, he’s fought hard for Tampa residents. Initially, he’ll work to have your theft charges dropped or reduced. The best possible outcome is your case getting dismissed. But if the prosecutor insists on pursuing charges, he’ll work toward an acquittal. The best defense will depend on the facts, but you can trust Brett to be honest about what to expect, how to beat the charges, or ease the consequences.

Brett’s criminal defense work has led to great results for his clients, which has caught many respected legal organizations’ attention. He was named a SuperLawyer’s Rising Star in 2018, 2019, and 2020, and placed on the Top 40 Under 40 list by The National Trial Lawyers. He has more than 90 five-star reviews and a perfect 10 rating on Avvo.com.

Florida Theft Offenses We Handle

At Brett Metcalf, Criminal Defense Attorneys, P.A., we offer an aggressive defense against all Tampa-area theft charges. Below are some of the most common.

Theft

Under Florida Statute 812.014, you can be charged with stealing if you knowingly obtain or use another person’s property with the intent to deprive the owner it. There are levels of theft in Florida: grand theft in the first degree, grand theft in the second degree, grand theft in the third degree, petit theft in the first degree, and petit theft in the second degree. Grand theft offenses are felonies, while petty theft offenses are misdemeanors.

Robbery

Under Florida Statute 812.13, you can be charged with robbery if you take money or property from another person with the intent to deprive that person of their property by using use force, violence, assault, or fear. If you allegedly had a firearm or other deadly weapon, you’ll face first-degree felony charges. Without any weapon, robbery is a second-degree felony.

Home Invasion

Under Florida Statute 812.135, it is a felony to enter a dwelling with the intent to commit a robbery against an occupant of that home. If you allegedly had a gun or other deadly weapon, you face a first-degree felony. Other forms of home-invasion robbery are still first-degree felonies but with lesser sentences.

Carjacking

Under Florida Statute 812.133, if you use fear, force, violence, or assault to take a motor vehicle away from another person, then you can be charged with carjacking. It is a first-degree felony if you had a firearm or deadly weapon. Without a weapon, carjacking is still a first-degree felony, but with the possibility of a lesser sentence.

Burglary

Florida Statute 810.02 defines burglary as entering or remaining in a dwelling or structure without permission and with the intent to commit a crime. Depending on the facts, like whether you were armed, committed an assault, or caused damage, you can be charged with a first-degree felony. Burglary can also be charged as a second- or third-degree felony if there are no or fewer aggravating circumstances.

Shoplifting

Florida has specific shoplifting laws under Florida Statute 812.015. These describe retail theft, which involves taking merchandise, money, altering or removing labels or codes, transferring containers; or removing items with the intent to deprive a merchant of possession, use, benefit, or full retail value of the property. If you’re arrested for shoplifting, you’ll be charged under Florida’s theft statute. However, the shoplifting law may assign a different punishment, including fines and community service.

Fraud

Under the Florida Communications Fraud Act, Statute 817.034, if you engage in a scheme to defraud someone else and obtain property, including identity theft and insurance fraud, you can be charged with a first-, second-, or third-degree felony or first-degree misdemeanor depending on the value of the property.

Dealing in Stolen Property

Under Florida Statute 812.019, if you traffic in or attempt to deal with property you know or should know was stolen, you can be charged with a second-degree felony. If you initiate, organize, finance, manage, or supervise trafficking stolen property, you’ll face a first-degree felony.

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Penalties for Florida Theft Charges

Theft is not a minor crime. Many offenses, including grand theft, burglary, robbery, and carjacking, are all charged as felonies. The most serious charges usually those involving force, but the value of what was allegedly taken matters a lot. Talk with a theft criminal lawyer in tampa today about the level of the charge against you and the potential penalties.

Felony Theft

Unless a statute specifies a different punishment, first-degree felonies are punishable by up to 30 years in prison and fines up to $10,000. Second-degree felonies are punishable by up to 15 years and fines up to $10,000. Third-degree felonies are punishable by up to five years in prison and fines up to $5,000.

Misdemeanor Theft

Some low-level theft offenses are misdemeanors. A first-degree misdemeanor is punishable by up to one year in jail and fines up to $1,000. Second-degree misdemeanors are punishable by up to 60 days in jail and fines up to $500.

What Should I Do if I’m Accused of Theft?

Don’t talk to the police. If you learn a local law enforcement agency is investigating you because they suspect you committed a theft or fraud crime, call a Tampa theft attorney. An officer or detective might reach out for an interview. Be polite but don’t answer any questions. Tell them you’ll get back to them after you’ve consulted a defense attorney in Tampa.

What to Do if You’ve Been Arrested for Theft

If you’ve been arrested for theft, don’t argue with the police. Don’t try to convince them you’re innocent. Instead, say, “I am invoking my right to remain silent.” Then say, “I want a defense attorney in Tampa.” Be clear and concise, and then keep quiet.

Defending Against Tampa Theft Crimes

Can you defend yourself against allegations of theft? Absolutely. But you shouldn’t do it alone. To get the best results in your case, work with an experienced defense attorney in Tampa. Call Brett right away to talk about the facts of your case and a potential strategy.

Brett puts in the work to figure out the right strategy for your case. First, he thoroughly reviews the facts and the prosecutor’s evidence. He investigates and gathers evidence regarding the circumstances. He gets to the bottom of what happened and why the police are now blaming you.

After thoroughly scrutinizing your case, Brett will develop a comprehensive defense, including pre-trial motions, jury selection, opening statements, direct and cross-examinations, and closing statements. Creating a cohesive story can raise doubts about the prosecutor’s case.

Possible defenses to theft charges include:

  • There’s been a mistake of identity.
  • You reasonably believed you had consent to take or use the property.
  • You reasonably believed you were entitled to the property.
  • You lacked the intent to deprive the owner of the property.
  • The prosecutor lacks sufficient evidence to prove you committed the offense.

Work with a Florida Theft Lawyer to Understand Your Options

When you work with an experienced Tampa theft attorney, you get thorough explanations of the law. Brett will explain why a prosecutor is pursuing charges and what they have to prove to win the case. He’ll also talk with you about your chances of winning a dismissal or acquittal.

He’ll always be honest about how things look, which may include discussing the potential benefits of a plea. When the evidence is against you, his strategy might focus on mitigating the consequences, like probation or paying restitution.

Call a Tampa Theft Attorney Today

If you are dealing with any theft crime charge, get a criminal attorneys in Tampa right away. You want to protect your rights and defend yourself as soon as possible. You can reach out to Brett Metcalf, Criminal Defense Attorneys, P.A. at (813) 258-4800 or through our online contact form. We offer free, confidential consultations. Brett is available 24/7 to defend you.