Arrested for Theft in West Palm Beach? Here’s What You Need to Know

if arrested call a west palm beach lawyerGetting arrested for theft or shoplifting in Florida can be a frightening experience that leaves you worried about your future.

Whether you walked out of a store without paying for something worth $50 or were accused of taking merchandise worth thousands of dollars, a theft charge is serious and shouldn’t be ignored.

Many people think shoplifting is a minor crime, especially for small items, but Florida police and the Florida courts take all theft charges seriously – even a small theft can leave you with a criminal record that follows you for years.

The moment you’re arrested can feel overwhelming. You might be handcuffed in front of other shoppers, taken to a security office, or transported to jail. Store security might have stopped you, or maybe the police showed up at your home days after the incident.

No matter how it happened, you’re probably wondering what comes next and how this will affect your life.

A theft arrest can impact more than just your immediate future. It can make it hard to get a job, since employers often won’t hire someone with a theft conviction. It might affect your ability to rent an apartment, get into school, or keep professional licenses. If you’re not a U.S. citizen, a theft conviction could even affect your immigration status.

But being arrested doesn’t mean you’ll be convicted. There are many ways to fight theft charges in Florida, and many people successfully avoid conviction with the help of a good lawyer. The key is understanding your rights and getting help quickly. Even if you think you might be guilty, there could be circumstances about your case that could lead to reduced charges or even dismissal. That’s why it’s crucial to understand what you’re facing and know your options for defending against theft charges in Florida.

Will getting arrested for theft have long-lasting consequences?

lawyer for shoplifting charge west palm beach floridaYes, the potential consequences can be long-lasting. A theft conviction stays on your criminal record and can:

  • Make it hard to get a job, especially in fields involving money, retail, or positions of trust
  • Cause problems when applying for apartments or housing since landlords do background checks
  • Affect your chances of getting into college or getting financial aid
  • Impact professional licenses or certifications
  • Show up on background checks that employers, schools, and others might run
  • Make it difficult to get certain jobs in banking, security, or government
  • Lead to higher insurance rates
  • Cause visa or immigration problems

Even a misdemeanor theft charge (for items under $750 in Florida) can hurt your future opportunities. Felony theft charges (over $750) have even more serious consequences and can result in jail time.

The good news is that working with a good defense lawyer early can help minimize these impacts. West Palm Beach defense lawyers might be able to:

  • Get charges reduced or dismissed
  • Help you qualify for a diversion program
  • Keep the arrest off your permanent record
  • Negotiate a plea deal with better terms
  • Find alternatives to jail time

Don’t ignore a theft arrest hoping it will go away. Getting legal help quickly gives you the best chance of protecting your future.

Theft Charges and Their Classifications

Florida law distinguishes between petit theft and grand theft, with the primary differentiator being the value of the property stolen. 

Petit theft, also known as petty theft or shoplifting, involves property valued at less than $750. It is further divided into second-degree and first-degree misdemeanors based on the stolen property’s worth. 

Grand theft, on the other hand, is a felony offense that includes theft of property valued at $750 or more. The degree of felony escalates with the increase in the value of the stolen property, potentially leading to more severe sentences.

  • Petit Theft (Second Degree): Property under $100, up to 60 days in jail.
  • Petit Theft (First Degree): Property between $100 and $750, up to 1 year in jail.
  • Grand Theft (Third Degree): Property between $750 and $20,000, up to 5 years in prison.
  • Grand Theft (Second Degree): Property between $20,000 and $100,000, up to 15 years in prison.
  • Grand Theft (First Degree): Property over $100,000, up to 30 years in prison.

If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.


When Could a Business Press Charges for Theft: Pros and Cons

For businesses considering whether to press charges for theft, there are several important factors to consider. Let’s look at both sides of this decision.

The advantages of pressing charges start with deterrence. When employees and customers know a business takes theft seriously, they’re less likely to steal. This can reduce future losses and create a culture of accountability. Pressing charges also sends a clear message to other potential thieves that the business will take legal action.

Another benefit is the possibility of restitution. Through the criminal justice system, businesses might recover stolen merchandise or receive financial compensation for their losses. Insurance companies often require businesses to file police reports for significant theft, which means pressing charges could be necessary for insurance claims.

However, there are significant drawbacks to consider. Legal proceedings can be time-consuming and expensive. Business owners or managers may need to appear in court, prepare documentation, and work with law enforcement, taking time away from running their business. This investment of time and resources might exceed the value of what was stolen.

There’s also the potential for negative publicity. Criminal proceedings are public record, and press coverage of theft cases might draw unwanted attention to security issues at the business. This could harm the company’s reputation or make customers feel unsafe.

Employee theft cases can be particularly complex. Pressing charges against an employee might affect staff morale or lead to divided loyalty among workers. It could also result in wrongful termination lawsuits if the case isn’t handled properly.

Small thefts might not be worth prosecuting. For example, if someone steals a $20 item, the time and resources spent pursuing charges could cost far more than the stolen merchandise. Many businesses find it more practical to focus on prevention through better security measures rather than prosecution after the fact.

lawyer for theft charge west palm beach floridaSome businesses choose a middle ground, pressing charges only for thefts above a certain dollar amount or in cases involving repeat offenders. This approach balances the deterrent effect of prosecution with practical business considerations.

The decision often depends on the specific circumstances: the value of stolen items, whether it’s a first-time or repeat offense, the strength of evidence, and the business’s overall security strategy. Good defense attorneys in West Palm Beach will consider these factors and potentially use this insight in building a defense strategy for their clients.

What proof is needed for theft?

In Florida, proving theft requires the prosecution to show three main elements beyond a reasonable doubt.

First, they must prove someone knowingly took or used property that belonged to someone else. This means showing the person meant to take the property – it wasn’t just a mistake or misunderstanding. For example, accidentally walking out of a store with an item you forgot to pay for isn’t theft because there was no intent to steal.

Second, the prosecution needs to prove the person intended to either temporarily or permanently deprive the owner of their property or its value. This could be shown through security footage, witness statements, or evidence that someone tried to sell or hide the stolen items.

Third, they must show the property had value. The value of the stolen property determines whether the theft is a misdemeanor or a felony. 


If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.


Common types of evidence used to prove theft include:

Store security videos showing someone taking items without paying, witness statements from people who saw the theft happen, fingerprints or DNA evidence linking someone to the stolen property, photos of stolen items found in someone’s possession, and receipts or documentation showing the value of what was stolen.

For example, in a shoplifting case, prosecutors might use security camera footage showing someone hiding merchandise in their bag, testimony from store security who watched it happen, and store inventory records showing the items’ value. The store would need to prove they didn’t give permission for the person to take the items.

In employee theft cases, evidence might include missing inventory reports, cash register discrepancies, computer records showing unauthorized transactions, or surveillance footage of the employee taking money or goods.

Remember, in all theft cases, the burden of proof is on the prosecution. They must prove all these elements beyond a reasonable doubt for someone to be found guilty of theft in Florida.

How long could someone go to jail?

The time you could spend in jail for theft in Florida mainly depends on the value of what was stolen and your prior criminal history.

For theft where the items are worth less than $750, you could face up to one year in jail if it’s considered first-degree petit theft ($100-$750). For second-degree petit theft (less than $100), you could face up to 60 days in jail.

Grand theft has more serious penalties. For third-degree grand theft ($750-$20,000), you could face up to 5 years in prison. Second-degree grand theft ($20,000-$100,000) can mean up to 15 years in prison. First-degree grand theft (over $100,000) can result in up to 30 years in prison.

Several factors affect how long you might actually spend in jail. Prior theft convictions usually mean longer sentences. If you used a car during the theft or stole from an elderly person, you could face more time. Stealing certain items like firearms or emergency medical equipment can also increase your sentence.

Other factors that judges consider include whether you were violent during the theft, if you worked with other people to commit the crime, and whether you’ve shown remorse. Your willingness to return stolen items or pay restitution can sometimes help reduce jail time.

For first-time offenders who steal lower-value items, judges often consider alternatives to jail like probation, community service, or theft counseling programs. Having a good defense lawyer can help argue for these alternatives.

Remember that these are maximum sentences. Many people serve less time, especially with good behavior or if they qualify for early release programs. However, multiple theft convictions or stealing high-value items significantly increases your chances of serving serious prison time.

Here’s how to choose a good theft defense lawyer:

Look for a lawyer who focuses on criminal defense, especially theft cases. While many lawyers handle different types of cases, you want someone who regularly deals with theft charges in your local courts. They’ll know the judges, prosecutors, and how cases like yours typically turn out.

Experience matters a lot. Ask how many theft cases they’ve handled and what kind of results they’ve gotten. A good lawyer should be able to tell you about similar cases they’ve worked on and how they helped their clients.

The lawyer should explain things clearly without using complicated legal terms. If you don’t understand what they’re saying during your first meeting, this could be a problem throughout your case. They should take time to answer your questions and explain your options.

Consider how quickly they respond to you. If they take days to return your first call, this might show how they’ll handle your case. You want someone who keeps you updated and responds to your concerns promptly.

A good theft defense lawyer will be honest about your situation. Be careful of lawyers who make big promises or guarantee specific outcomes. Instead, they should explain both the strengths and weaknesses of your case and discuss realistic possibilities.

Cost is important, but shouldn’t be the only factor. Make sure you understand their fees upfront. Some lawyers charge a flat fee for theft cases, while others charge by the hour. Ask about payment plans if you need them.

Location matters too. A local lawyer will know your courthouse, the local prosecutors, and how judges in your area typically handle theft cases. This local knowledge can be very valuable.

Finally, trust your instincts. You need to feel comfortable with your lawyer since you’ll be sharing personal information with them. If something doesn’t feel right during your consultation, it’s okay to meet with other lawyers before deciding.

Remember, most criminal defense lawyers offer free consultations, so take advantage of this to meet with a few before making your choice.

Have Prior Convictions? Don’t Wait to Hire a Criminal Defense Attorney in West Palm Beach

If you’ve been charged with theft of any kind – or if you are under investigation for this crime – the best time to hire a criminal defense attorney is immediately.

The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.

Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.

If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.


The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.


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