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You may have heard of grab and run tactics? Did you know, however, that resisting the reasonable efforts to recover stolen property is a crime that is completely separate from the theft itself?
Under Florida law, a merchant, employee, or a law enforcement officer may make a reasonable effort to recover stolen property. Most often, violations for resisting recovery of stolen property happen in shoplifting situations. There is a process for a merchant attempting to recovery property that he or she accuses an offender of taking. An alleged offender who resists such efforts may be found guilty of resisting recovery of stolen property.
If you or someone you know has been arrested in the Gainesville area for an alleged theft offense in addition to resisting the recovery of stolen property under Florida law, contact an experienced criminal defense attorney as soon as possible.
Galigani Law Firm represents clients charged with grand theft, petit theft, shoplifting, or any other theft crime in Starke, Lake Butler, Palatka, Oscala, Bronson, Trenton, or Lake City, FL. Our attorneys have experience counseling clients on the process of being charged with theft in Florida and we work hard to get the best possible result.
With offices located on 317 NE 1st St, just minutes from the University of Florida campus, we represent clients throughout the Gainesville Metropolitan Area including the surrounding counties like Bradford County, Union County, Putnam County, Gilchrist County, Levy County, Columbia County, and Marion County, Florida.
Submit a free evaluation form or call (352) 375-0812 to speak one-on-one with an experienced criminal defense attorney.
Resisting the attempted recovery of stolen property and actually stealing property are two separate crimes. Resisting recovery of stolen property is codified in Florida Statute § 812.015(6). The State must prove, beyond a reasonable doubt, the following elements:
The Florida Statute § 812.015 has multiple terms of art that may have a different meaning under the Statute than they ordinarily would in everyday use. The following terms have been defined by the Statute for clarity.
The law in Gainesville, Florida considers the lack of knowledge to be an affirmative defense to the charge of resisting recovery of stolen property. Specifically, if at the time of the resistance, the defendant did not know, or did not have reason to know that the victim was a merchant, the merchant's employee, or a law enforcement officer, then he or she cannot be said to have "resisted" in a manner consistent with the Statute.
The burden is on the defendant or his or her attorney to prove that he or she did not know or have reason to know that the victim was a merchant, a merchant's employee, or a law enforcement officer.
Under Florida law, being convicted of resisting recovery of stolen property is a first-degree misdemeanor punishable by up to one year in jail and up to a $1,000.
The penalty for resisting recovery of stolen property is separate from the theft charge and may be charged concurrently with the theft. The level of the theft offense charged is based on the value of the property stolen or the type of property that was stolen. Theft offenses are classified in the following manner:
Florida Shoplifting Laws -- Visit the National Association for Shoplifting Prevention (NASP) for more information on the Florida Shoplifting Statute. NASP is a non-profit organization whose mission is to raise public awareness on the harmful effects of shoplifting on youth. Florida Statute § 812.015(6) is most commonly associated with shoplifting.
Juvenile Justice Resource Guide – Visit the Office of the State Attorney Eight Judicial Circuit for a resource guide created by the Gainesville State Attorney's Office and Project Payback entitled the Juvenile Justice Resource Guide from Alachua County. The Resource guide lists the County's Prevention Programs, the Intervention Programs, the Diversion Programs and the Commitment Programs throughout Alachua County. The Resource Guide is a tool to educate you citizens on the effects of crimes like shoplifting and resisting recovery of stolen property in Florida.
Florida Statute § 812.015(6) – visit Online Sunshine the Florida Legislature's official website for more information on the resisting recovery of stolen property statute, including the useful definitions for understanding the statute and the requirements for presenting knowledge as an affirmative defense.
In many snatch and grab theft scenarios, most people do not realize that an individual can be charged with two crimes that will run concurrently. An alleged defendant can be charged with theft and resisting recovery of stolen property. Having an experienced criminal defense attorney to explain these charges and fight them will be invaluable if you or someone you know has found themselves being accused of theft.
The attorneys at Galigani Law Firm have handled multiple kinds of theft charges, including those charged as misdemeanor or felonies under Florida law. We represent clients in the Gainesville Metropolitan area in surrounding areas like Starke, Lake City, Oscala, Trenton, Palatka, Bronson, or Lake Butler, FL.
With offices located on 317 NE 1st St, just minutes from the University of Florida campus, we represent clients throughout the Gainesville Metropolitan Area including the surrounding counties like Levy County, Bradford County, Union County, Columbia County, Putnam County, Gilchrist County, and Marion County, Florida.
This Article Was Last Updated Friday, May 26, 2017.
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