If you have been charged committing fraud or theft in DeLand, Deltona, Daytona Beach, or other area of Volusia County and are seeking honest, dedicated, and aggressive legal representation, contact the criminal defense attorneys at the Law Office of Leanna J, Smith. If you’re in trouble, we want to help.
Under Florida Statute 812.019, “Dealing in Stolen Property” is defined as any person who buys or sells property that is known to be stolen, or should have been known to be stolen.
If there is no evidence of intent to resell stolen property, simply purchasing property known to be stolen, or should have been known to be stolen, is not considered dealing in stolen property. Although, purchasing property that is known, or should have been known, to be stolen may be considered grand theft or petit theft if it can be proven that it was known, or should have been known, that the property was in fact stolen.
Penalty: dealing in stolen property is considered a felony of the second degree, which is punishable by up to 15 years imprisonment, 15 years of probation, and up to $10,000 in fines.
Under Florida Statute 817.61, “Fraudulent Use of a Credit Card” is defined as the unlawful use of a credit card – which was unlawfully obtained, known to be forged, or presented with deceit that the actual credit card holder has authorized use – with the intent to defraud a merchant, and to obtain money, goods, services, or anything else of value.
Penalty: multiple fraudulent uses of a credit card within a six-month period are considered one single crime, rather than multiple crimes. The penalty for fraudulent use of a credit card is dependent upon either the value of the goods obtained within a six-month time period, or the number of times the credit card was used within a six-month period.
Under Florida Statute 812.014(2)(c), “Grand Theft” is defined as unlawfully taking another person’s property that is valued at $300 or more.
To prove that the crime is grand theft, the State must prove that the property was taken with the intent to either derive the person of their right to the property or benefit of the property, or to appropriate the property for person use or for the use of someone else who is not entitled to use of the property.
Value of the property must be proven with evidence of the original purchase price with the percentage or amount of depreciation since the purchase of the property, in addition to its manner of use, and its condition and quality at the time it was stolen. If unable to prove that the stolen property was valued at more than $300, evidence is considered insufficient to support a conviction greater than petit theft.
Penalty: the penalty for grand theft is dependent upon the value of the property unlawfully taken, and penalties increase based on the value of the stolen property.
Under Florida Statute 832.05(2), “Issuing Worthless Checks” is defined as knowingly issuing a check when there are insufficient funds to cover such check, regardless of whether anything of value was received in exchange.
Penalty: the penalty for issuing worthless checks is dependent upon whether the worthless check was $150 or more.
Under Florida Statute 812.014(2)(e), “Petit Theft” is defined as unlawfully taking property that is valued at $300 or less.
To prove that the crime is petit theft, the State must prove that the person took another person’s property with the intent to deprive that person of a right or benefit of the property, or that the property was taken for personal use or the use of another person not entitled to the use of the property.
Penalty: the penalty for petit theft is dependent upon the value of the property that was stolen.
If you have been found guilty of petit theft, your driver’s license can be suspended up to six months for a first conviction, and up to one year for each conviction thereafter.
Under Florida Statute 817.034, “Scheme to Defraud” is defined as a systematic, ongoing action to intentionally defraud one or more persons, or to intentionally obtain property from one or more persons, by false or fraudulent pretenses, representations, promises, or willful misrepresentations of a future act.
In Florida, Scheme to Defraud can be classified as either Organized Fraud or Communications Fraud.
Penalty: the penalties for scheme to defraud in the state of Florida are dependent upon the value of property, and whether the offender committed organized fraud or communications fraud.
Contact the Law Office of Leanna J. SmithWhen you need an honest, dedicated criminal defense attorney to defend you against theft or fraud charges in DeLand, Daytona Beach, Deltona, or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.