Property Crimes

March 8, 2021

How Can Petit Theft, Shoplifting, or Retail Theft Charges, Impact Your Life?

What Are the Potential Costs?

When an individual is charged with theft or shoplifting in Florida, he or she faces potentially serious penalties. This can affect one’s ability to secure a job because such a crime is classified as a crime of dishonesty. This is significant even though a misdemeanor is typically considered relatively insignificant. When a potential employer performs a background check and finds a conviction for such a crime in a candidate’s history, it may disqualify the candidate depending on the type of job. The penalties for shoplifting or retail theft include jail, fines, civil penalties, restitution, court costs, and attorney’s fees. In the event one is convicted a Grand Theft in Florida, they may be sentenced a prison.

How Does Florida Law Define Retail Theft?

April 11, 2018

Basics of Burglary in Florida

by David M. Goldman

Burglary in Florida is defined as entering a dwelling, structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.

F.S. § 810.02(2) indicates that burglary is a felony of the first degree if the offender assaults or batters another person or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon. It can also be a first-degree felony to use a motor vehicle as an instrument to assist in committing the offense and damaging the dwelling or structure or to cause damage in excess of $1,000.00.

F.S. § 810.02(3) indicates that burglary is a felony of the second degree if, during the offense, the offender does not assault or batter a person and is not or does not become armed with a dangerous weapon or explosive. It will also be a second-degree felony if the offender enters or remains in a dwelling and there is or is not another person in the dwelling and the offender enters or remains.

March 29, 2016

Theft Arrest After Taking Own Car

by David M. Goldman

I recently came across a story where a woman was arrested for stealing a car that Florida law recognizes as, in essence, half hers. After a verbal altercation with her husband, the woman left in the family car, which was registered in her husband’s name. The husband reported the car stolen. When the police found the women with the car a few days later, she was arrested for grand theft auto. Even after she explained that it was her husband’s car that had been purchased during the marriage, and that she was a listed driver on the insurance card, she was still arrested. If you’re anything like I am, you’re a little bothered to hear this story. I suppose there is a silver lining here. The woman reportedly only spent a few days in jail before posting bail, and the case was ultimately dropped.

I asked my nine year old son to tell me what he thought theft was. He said that it’s when you take something without permission. I then asked if he wasn’t allowed to use his laptop for some reason, but took it anyway, would that be stealing? He replied, “It’s not stealing if it’s already yours.” From the mouths of babes. Any Jacksonville criminal defense lawyer could easily tell you that theft takes place when a person knowingly obtains or uses the property of another and intends to permanently or temporarily deprive the person of the use of their own property. The key phrase is property of another. Section 61.075, Florida Statute makes property purchased during a marriage, whether solely in the husband’s or wife’s name or jointly, marital property. This means it belongs to the both parties of the marriage.

If you or a loved one are in need of legal representation, call the experienced Jacksonville criminal defense attorneys at the law office of David M. Goldman, PLLC today. We can help.

October 5, 2015

Leaving the Scene of An Accident

by David M. Goldman

While entering a convenience store parking lot, you accidentally bump another car while pulling into a parking space. There is no one in the car. You go in side the store and ask around to find the car’s owner. However, you strike out. The owner is nowhere around. What do you do? Florida law, under Florida Statute 316.063, requires a driver in this situation to leave a note with the driver’s name, address, and registration number in a place on the damaged car that can easily be seen. Afterwards, the accident should be reported to the police without unnecessary delay. After doing the things that you required to do by law, you are free to leave.

Leaving the scene

Leaving the scene of an accident in Florida is not necessarily a crime. under Florida Statute 316.063, but leaving without providing the information above can land you in hot water. Not contacting the police as soon as possible can get you into trouble also. Leaving the scene of an accident or a” hit and run” that involves only property damage is a simple misdemeanor and NOT likely to get you jail time or anything like that, but it is too simple to avoid for you to be in trouble with the law. Leaving the scene of an accident involving injuries is another story. Just as there is a duty to provide certain information after a crash, there is also a duty to render aid to people injured in a crash. Leaving the scene of an accident involving injuries is a felony offense that can be punishable by a prison sentence.

July 7, 2015

Protecting Your Guns and Gun Rights in Florida

by David M. Goldman

The second amendment is a staple in American constitutional law. Gun rights lawyers and other second amendment advocates quote and cite it often. After America fought and won its independence, our founding fathers knew that an armed militia was important to the survival of the new nation. Nevertheless, there are those that still are weary of firearms and the destruction they can cause when not properly used or when guns fall into the wrong hands.

According to Jacksonville.com, a rash of stolen guns from unlocked cars has the Jacksonville Sheriff’s Office concerned. JSO noticed a spike in guns being stolen from cars. In April, there were 69 guns stolen from cars; 41 of the guns stolen were taken from unlocked cars. Guns can absolutely be useful for personal protection, but gun owners have a responsibility to keep them away from children and thieves. Being careless enough to leave a gun in an unlocked car only gives ammunition to those who are adamantly against guns and wish to see more regulation.

Those that are anti-gun, can’t dispute the fact that guns save lives when used properly, just as guns take lives when used irresponsibly. Take former CNN anchor Lynne Russell and her husband, former CNN reporter, Chuck de Caro for example. The couple was recently accosted at gun point by a would-be robber when a gun was placed to Mrs. Russell’s stomach, and she was forced into her hotel room. There was ultimately a shoot out between the would-be robber and de Caro, who was shot three times. Return fire from de Caro hit and killed the would-be robber.

February 26, 2015

Rapper Vanilla Ice Arrested for Burglary to a Dwelling in Florida

by David M. Goldman

According to nbcnews.com, popular 1990s Rapper Vanilla Ice was arrested for burglary in Florida. As a child, I was a fan of Vanilla Ice, whose real name is Robert Matthew Van Winkle. Vanilla Ice is no longer captivating audiences with lyrics; most recently he has been the subject of a home renovation show on DIY Network. The show chronicles the former rapper’s experiences as he buys and renovates houses. A house located next to a house being renovated by Vanilla Ice was burglarized, and some of the stolen items was found inside Vanilla Ice’s house. the items included furniture, a pool heater, and more. Vanilla Ice claims that this is all just a big misunderstanding and that he will ultimately be cleared. He was arrested and released on bail. Hiring the right criminal defense attorney can help make sure that things are resolved in the best way the facts of the situation will allow. As a Jacksonville criminal defense attorney that has represented many defendants charged with burglary, I know that the consequences of being found guilty of a burglary to a dwelling can be very serious.

Florida Statute 810.02 states, “For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.” The offense that a person intends to commit can be just about anything. At its most basic form, a trespass plus ANY other crime, equals a burglary. The most common offense that is coupled with a trespass to create a burglary is theft. A burglary to a dwelling conviction is serious, because it scores a little over twenty (20) months in Florida State Prison. This is regardless of whether the defendant has a criminal history. It takes effort on behalf of your criminal lawyer to keep you out of prison. A good set of facts help too.

Understanding the proof requirements and having the trial experience needed to fight for your rights in court can often lead to a better outcome early on in a case without the need for a trial. At the Law Office of David M. Goldman, PLLC, our experienced criminal lawyers can help you or a loved one work toward the best outcome in your case and help you make informed decisions. Initial consultations are free. Call us today at (904) 685-1200.

January 16, 2015

Criminal Mischief

by David M. Goldman

This weekend as I drove through my neighborhood, I noticed a street sign had been knocked down… it apparently, had been run over. I remember thinking, “Somebody in Jacksonville had a good time last night.” My criminal defense lawyer hat wasn’t quite on yet, but I did briefly start to think that someone could potentially be in need of a good DUI attorney.

I made a right turn and drove on after I snapped a quick picture of the sign. As I drove further down the street, I noticed that the pole with the flashing light that warns you to slow down in the school zone was also missing; it had also been mowed down. Just after passing the school, I made a left and discovered more signs had been run down. Tire tracks in the dirt made it clear that a vehicle had been used to destroy these signs. It was now obvious that the first sign I found was no accident, but part of an episode of criminal mischief, which is defined as willful and malicious destruction of property. Criminal mischief is a misdemeanor, as long as the damage is less than $1,000. Beyond the $1,000 threshold, criminal mischief becomes a felony offense. See Florida Statute 806.13.

The most troubling and potentially dangerous sign destruction was a downed stop sign that had been flattened at an intersection. This was an accident waiting to happen. I’m the father of for young boys, and I used to be a teenager not too long ago. I can remember how “fun” it used to be to destroy things… for no reason at all. However, in this situation, the danger that the community was subjected to was incredibly ridiculous and could land someone is a world of trouble. If you or a reckless loved one have a lapse in good judgement that lands you in the hot seat, the experienced jacksonville criminal defense lawyers at the Law Office of David M. Goldman, PLLC can help. Call us today at 9904) 685-1200.

December 29, 2014

Jacksonville Criminal Defense Lawyer Tip #573: Know Thy Victim- Grand Theft and Credit Card Fraud

by David M. Goldman

“Crime doesn’t pay.” I’ve heard this cliché over and over, but rarely in my capacity as a Jacksonville criminal defense lawyer. The few times I did hear it as a criminal defense lawyer, it didn’t come from other Jacksonville criminal defense lawyers or from Jacksonville prosecuting attorneys for that matter. It always came from people that aren’t familiar with the details of what actually goes on. Most often it would be from parents or other family members who say that they’ve tried to counsel the client and advise him or her into doing something more positive in life.

Tampa thief, Malik McCaully would probably say that crime does in fact pay–in more ways than one. Recently, McCaully was over $2,000 in the green after stealing a wallet from D’Andre Rivers’ car that contained Rivers’ credit cards, identification, and social security card. Although criminal plots are never a good idea, it looks as if crime does, in fact, pay sometimes. However, “a fool and his money are soon parted.” A series of bad decisions leads to a severe beating and getting arrested. McCaully really didn’t know who he was dealing with.

McCaully allegedly went on a shopping spree, making over $2,000 worth of fraudulent credit card charges on Rivers’ card. Rivers, who has a criminal past himself, began to conduct his own investigation. Rivers tracked down a car rental agency where McCaully had used the stolen credit card to rent a car using Rivers’ identification. The car rental agency turned over the contact information that McCaully provided when MCCaully rented the car. Why McCaully provided his real contact information is a mystery. Rivers made contact with McCaully to set up a drug deal at the Westfield Brandon Mall in Tampa. If your first thoughts were, “What criminal receives a random call from a stranger about a drug deal, then agrees to meet with the caller?” you’re not alone. It’s unclear whether McCaully would be the buyer or the seller, but agreeing to meet a random caller for a drug deal is equally unwise either way.
Continue reading

December 26, 2013

River City Marketplace Brawl Could Lead to Numerous Charges

by David M. Goldman

file52bc8408628ba
Photo credit: taliesin from morguefile.com

On Christmas night at river city market place, chaos erupted when teenagers began fighting, jumping on cars and even rushing an off duty police officer. Jacksonville.com reported that hundreds of people became involved and approximately 62 police officers were called in to handle the unruly crowd.

Five people, aged 19 and younger were arrested on misdemeanor charges of “fighting”. “Fighting” is a local crime under Jacksonville Municipal Code Section 614.123 entitled “affray.” The affray ordinance makes it illegal to engage in a fight or mutual combat with another person in a public place. As a result, unless these teenagers hire a good criminal defense attorney who can either persuade the state to drop the charges or allow them to enroll in a pre-trial diversion program, they are beginning their young adult lives convicted of a crime.

Since the investigation is still active, more arrests and charges are possible such as assault and criminal mischief. When a person is charged with assault, they are being accused of unlawfully threatening someone by word or act and having the ability to act on the threat, which is a violation of Florida Statute 784.011. An assault is an intentional threat by word or act to do violence to someone. The person threatening must have an apparent ability to commit the violence, which results in creating a well-founded fear in the other person that violence was imminent. An assault in Florida is a second-degree misdemeanor. This means if you or a loved one are convicted of a simple assault in Florida, you or your loved one will face up to 60 days in jail and/or a $500 fine.
Continue reading