While jail time is always a possibility for a Florida theft charge, it’s by no means a certainty. It is always best to go into any legal situation with the backing of an experienced theft attorney, and clear knowledge of how the law works both statewide and in West Palm Beach, FL, specifically.
Can I Avoid Jail Time for a Theft Charge in Florida?
The answer here is: possibly. Depending on the circumstances of your case, your criminal history, and the specific charge, it is possible to avoid incarceration through various legal strategies or alternative sentencing options.
Petit Theft and Grand Theft
In Florida, theft is classified by the value of the stolen property. Theft involving property worth less than $750 is classed as Petit Theft (from the French word meaning “little”). This is a misdemeanor. Grand Theft, however, involves property valued at over $750 and is considered a felony. Penalties for these two types of theft range from a second-degree misdemeanor (for items under $100) to a first-degree felony (for items over $100,000).
Factors That Influence Jail Time
Value of the Stolen Property
The severity of the charge significantly influences whether jail time is likely. Higher-value thefts are prosecuted more aggressively and are more likely to result in jail or prison time.
Criminal History
First-time offenders are more likely to avoid jail. Prior convictions, especially for theft or other crimes of dishonesty, make leniency less likely, as they are considered to show a negative pattern of behavior.
Restitution
Those who are charged with theft may be able to avoid incarceration by making the victim whole in paying restitution for what was stolen.
Plea Bargaining
Prosecutors may be willing to offer plea deals in exchange for reduced charges or alternative penalties, especially when the case isn’t clear-cut.
Alternatives to Jail
Pretrial Diversion (PTD)
Available in many Florida counties, including West Palm Beach, pretrial diversion allows gives eligible defendants the opportunity to complete community service, counseling, and restitution. If eligible, successful completion of these terms results in the charge against you being dropped.
Withhold of Adjudication
This is when a judge accepts a guilty or no-contest plea (or a guilty verdict) but does not formally convict the defendant. You may still face terms imposed on you by the court, such as probation, restitution, community service, or classes, but you won’t have a formal conviction on your record and will avoid jail time.
Probation
Judges can sentence defendants to probation instead of jail. Conditions may include community service, regular check-ins, theft prevention classes, and avoiding further legal trouble.
Civil Compromise
In rare cases we may try for civil compromise, sometimes called civil settlement or pre-suit compromise. If the victim of the theft agrees to drop charges after restitution has been made, prosecutors may choose to dismiss the case, though this depends on prosecutorial discretion.
Consult a Theft Attorney in West Palm Beach, FL
A skilled criminal defense lawyer doesn’t just know the law. We know all the approaches that can be taken to get you a positive outcome no matter what theft charges you are facing. Whether the best strategy is to negotiate with the prosecution ahead of trial, you can be assured that you will be diligently and vigorously defended.
To make an appointment, get in touch with us at The Skier Law Firm in West Palm Beach, FL.