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THEF1010 Petit Theft 1st – Misdemeanor Defense in Tampa
THEF1010 Theft Misdemeanor Defense in Tampa W.F. “Casey” Ebsary Jr.
Understanding THEF1010: Navigating First-Degree Petit Theft Charges in Tampa
Facing a THEF1010 charge for Petit Theft 1st can be a distressing experience. This code, under Florida Statute 812.014.2E, signifies a first-degree misdemeanor, carrying potential consequences that shouldn’t be underestimated. In Hillsborough County, this offense is frequently charged, making it vital to understand your rights and seek experienced legal counsel. As a dedicated Tampa Defense Attorney, W.F. “Casey” Ebsary Jr., I am here to provide robust defense and guide you through this challenging time.
THEF1010, classified under Florida’s Title XLVI Crimes, Chapter 812, involves the unlawful acquisition or use of another’s property valued between $100 and $300. With proper legal representation, especially for first-time offenders, a conviction can often be avoided, and records can be sealed to protect your future. If you’ve been charged with THEF1010, contact my office at (813) 222-2220 to discuss your case.
What is THEF1010 Petit Theft 1st?
THEF1010, as defined by Florida Statute 812.014.2E, pertains to “obtains or uses, or endeavors to obtain or to use, the property of another” when the value of that property is between $100 and $750. This is considered a first-degree misdemeanor. The broader context of theft is outlined in Florida Statute 812.014, which details various theft classifications and their corresponding penalties. For a detailed understanding, refer to Florida Statute 812.014.
Key Elements of THEF1010:
- Property Value: The stolen property must be valued between $100 and $750.
- Intent: The prosecution must prove you knowingly intended to deprive the owner of their property.
- Act of Taking: The act of “obtaining or using” can involve various forms of unlawful acquisition.
Penalties for THEF1010 Petit Theft 1st:
Understanding the potential penalties is crucial. Here’s a breakdown:
| Penalty Type | Description |
|---|---|
| Classification | First-Degree Misdemeanor |
| Jail Time | Up to 1 year in jail |
| Fines | Up to $1,000 |
| Probation | Up to 1 year |
| Restitution | Required to repay the value of the stolen property |
| Criminal Record | A permanent criminal record |
Additional Consequences:
- Background checks can reveal a petit theft conviction, impacting employment and housing.
- Professional licenses may be affected.
- Reputational damage.
Why Choose W.F. “Casey” Ebsary Jr. for Your Defense?
As a seasoned Tampa Defense Attorney, I understand the nuances of THEF1010 cases. My approach is tailored to each client, focusing on:
- Thorough Case Analysis: Meticulously reviewing all evidence.
- Strategic Defense Planning: Developing a robust defense strategy.
- Aggressive Representation: Advocating for your rights in court.
- Personalized Attention: Providing clear communication and support.
Common Defenses for THEF1010:
- Lack of Intent: Arguing the act was unintentional.
- Mistaken Identity: Proving you were wrongly identified.
- Property Ownership Dispute: Demonstrating a legitimate claim to the property.
- Insufficient Evidence: Challenging the prosecution’s evidence.
Navigating the Legal System in Hillsborough County:
Local legal expertise is vital. My experience in Hillsborough County courts provides a significant advantage.
Links to Helpful Resources:
- Florida State Courts
- Hillsborough County Clerk of Court
- Florida Statutes
Table of Helpful Theft Defense Information:
| Information | Details |
|---|---|
| Common Locations for Charges | Retail stores, supermarkets, public places |
| Typical Evidence | Surveillance footage, witness statements, store security reports |
| First Appearance | Initial court hearing to address charges |
| Pre-Trial Negotiations | Opportunities for reduced charges or alternative resolutions |
| Trial Process | If negotiations fail, the case proceeds to trial |
Theft Charges Q&A:
THEF1010 is the form code for Petit Theft 1st, a first-degree misdemeanor under Florida Statute 812.014.2E. It involves the theft of property valued between $100 and $750. This offense is commonly charged in Hillsborough County.
A conviction can result in up to 1 year in jail, fines up to $1,000, and a permanent criminal record. These penalties can significantly impact your future opportunities, including employment and housing.
The Florida Statute for Petit Theft, including THEF1010, is found under Florida Statute 812.014. You can access it through the Justia website. Understanding this statute is crucial for building a solid defense.
THEF1010 is a first-degree misdemeanor. Felonies involve more severe crimes with harsher penalties, while misdemeanors are less severe.
A lawyer can analyze your case, identify weaknesses in the prosecution’s evidence, negotiate with prosecutors, and represent you in court. Their expertise is vital for achieving the best possible outcome.
Common defenses include lack of intent, mistaken identity, property ownership disputes, and insufficient evidence. A skilled attorney can effectively present these defenses.
THEF1010 is commonly charged in Hillsborough County, Florida, particularly in retail settings and public places. Local legal knowledge is essential for navigating these cases effectively.
The value threshold for THEF1010 is between $100 and $750. Property valued above this range may result in grand theft charges.
Yes, especially for first-time offenders, a Motion to Seal can prevent this mistake from permanently affecting your life. An attorney can help you through this process.
Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 or visit https://www.centrallaw.com/contact-us/ for immediate assistance.
Call Us at 813-222-2220
Contact Us for Immediate Assistance:
If you’re facing a THEF1010 charge, contact my office immediately at (813) 222-2220 for a consultation.
Petit Theft is one of the most commonly charged offenses in Florida. If someone has no prior record, a conviction can be avoided and a Motion to Seal the records can keep this mistake from permanently hurting lives.
If you have been charged with THEF1010 PETIT THEFT 1st you can call a Defense Attorney in Tampa to Fight for You or a friend.
Form Code: THEF1010
Florida Statute: 812.014.2E
Level: Misd (Misdemeanor)
Degree: 1st
Description: PETIT THEFT 1st
THEF1010 PETIT THEFT 1st is one of the most commonly charged offenses in Hillsborough County, Florida.
“obtains or uses, or endeavors to obtain or to use, the property of another”
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES812.014 Theft.(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:(a) Deprive the other person of a right to the property or a benefit from the property.(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
It is grand theft of the third degree and a felony of the third degree
. . . if the property stolen is . . . Valued at $300 or more, but less than $5,000
(2)(a) 1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or
2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;
or
3. If the offender commits any grand theft and:a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; orb. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000, the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.(b) 1. If the property stolen is valued at $20,000 or more, but less than $100,000;2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003, the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(9) or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 943.10 in the officer’s official business.
However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.
For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:1. Valued at $300 or more, but less than $5,000.2. Valued at $5,000 or more, but less than $10,000.3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.5. A firearm.6. A motor vehicle, except as provided in paragraph (a).7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.8. Any fire extinguisher.9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).11. Any stop sign.12. Anhydrous ammonia.However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.