Tag: Palm Beach Criminal Defense Lawyer

Criminal Defense, Legal Blog, Retail Theft, Theft

Petit Theft of Retail Merchandise

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In Florida, theft statutes provide different definitions of “value” depending on the type of theft involved. Theft of retail merchandise is prosecuted under the general theft statute found in Florida Statute 812.014, but is subject to the definitions of the specific retail theft statute found in Florida Statute 812.015.

The general theft provisions of Florida Statute 812.014 (and its definition section in Florida Statute 812.012), define the “value” of the stolen property as the market value of the property, or the cost of replacement of the property .

However, the retail theft provisions of Florida Statute 812.015, define the “value” of the stolen property as the sale price of the merchandise.

Therefore, in retail theft cases, the actual market value of the retail merchandise is not the price used in prosecution. Instead, it is the “sale price” as indicated on the price tag. That sale price will determine the degree of a retail theft offense. Retail theft is a second degree misdemeanor if the “sale price” is under $100.00 (punishable by up to 60 days in jail), a first degree misdemeanor if the “sale price” was between $100.00 and $300.00 (punishable by up to one year in jail), and it is a third degree felony when the “sale price” is over $300 (punishable by up to 5 years in Florida State Prison). Retail theft can also be charged as a second degree felony if it is a second offense (punishable by up to 15 years in Florida State Prison).

Another important distinguishing factor in retail theft cases is the fact that the prosecutor will have an easier time introducing evidence of the value of the merchandise during a trial. For example, if a defendant steals a pair of shoes from a store and the price tag says the shoes cost $100, the State Attorney will be able to use that price tag to establish the price during trial. However, if someone paid $100 for that same pair of shoes, and another person stole the shoes from the person instead of the store, the State Attorney would not be able to use the price tag at trial. Instead, the State would have to try to introduce evidence of the market value by having the victim testify what he paid for the shoes and the condition of the shoes when they were stolen.

Anyone who is arrested for a theft crime in Palm Beach County should contact a Palm Beach Criminal Defense attorney who understands the differences between the various theft charges and can explain the potential ramifications or outcomes of the criminal charge.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

10-20-Life, Aggravated Assault, Criminal Defense, Legal Blog

Real Life Hamburglar & Florida’s 10 20 Life Statute

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A West Palm Beach man was apparently arrested this morning after a March incident where he pointed a gun and threatened to shoot a drive-through worker at Checkers if the employee did not give the man a hamburger.

The defendant allegedly placed an order at the speaker box of Checkers, and pulled up to the window to pay for his order. The defendant attempted to place a second order while at the window, and was informed that he would have to drive back to the speaker box to place the additional order. This apparently enraged the defendant, who then pulled out a gun and threatened to shoot. He ultimately drove away without firing and was arrested after police officers found a vehicle with a tag matching the description of the gunman’s car. He has been charged with aggravated assault.

As discussed in my previous article, aggravated assault is a third degree felony in the State of Florida, punishable by up to five years in Florida State Prison. Florida Statute 784.021 defines aggravated assault as an assault (which is a threat to do violence to another person combined with an apparent ability to carry out the threat and doing some act that creates fear of imminent violence) with a deadly weapon (such as a gun) without intent to kill, or with the intent to commit a felony.

However, under Florida’s 10-20-Life Statute (Florida Statute 775.087), there is a minimum mandatory sentence of three (3) years Florida State Prison for a person who is convicted of aggravated assault if the person possessed a “firearm” during the assault, even if the person did not fire the weapon. Discharging a firearm would result in even more mandatory prison time.

Aggravated Assault is a serious crime in the State of Florida; even more so when it involves a firearm. A simple moment of anger could turn into serious prison time when a gun is involved. Anyone facing felony charges of aggravated assault with a firearm in Palm Beach County, Florida, should speak with a Palm Beach County Criminal Defense Attorney.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Drug Charge, Legal Blog, Marijuana

Drug War Statistics

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With Florida’s new legislation legalizing specific forms of medical marijuana (a further description can be found here and here), the War on Drugs in the US has been a popular topic of discussion.

In 2012 alone, 749,825 people were charged with marijuana charges, and of those, approximately 88 percent of the charges (658,231 people) were simple possession arrests. More Drug War Statistics can be found here: Drug War Statistics.

If marijuana is further legalized in Florida by way of the broader spectrum medical use as placed on the November 2014 election ballot, it will be interesting to see the effect it will have on the Florida criminal justice system. Drug charges are heavily prosecuted in the State of Florida, including Palm Beach County, and often, prosecutors are able to add additional charges, such as weapons charges, after a search based on marijuana reveals evidence of additional crimes. Florida police officers often make arrests that stem from the odor of marijuana. For example, a simple traffic stop for speeding could turn into a vehicle search based upon the odor of marijuana and result in criminal charges. A simple knock and talk could turn into a full house search if the police arrive, smell the odor of marijuana, and obtain a warrant. If Florida ultimately legalizes marijuana, it may be much more difficult for police officers to make arrests and search suspects based on the odor of marijuana alone.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Recent News

Oscar Pistorius Guilty of Culpable Homicide

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On Friday morning, South African Judge Thokozile Masipa finished reading her nearly 100 page ruling, and announced Oscar Pistorius guilty of the charge of culpable homicide. The decision was reportedly unanimously agreed upon by Judge Masipa and her two legal assessors.

Finding Pistorius guilty of culpable homicide means that the court determined Pistorius acted negligently in causing the death of his girlfriend, Reeva Steenkamp. “Cuplable Homicide” in the South African legal system is similar to a charge of manslaughter in the United States.

The Court will being its sentencing hearing in October, where the 27 year old Pistorius could be sentenced anywhere from a fine to up to 15 years in prison.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Recent News

Oscar Pistorius Not Guilty of Premeditated Murder

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Oscar Pistorius, the “Blade Runner,” was found Not Guilty of premeditated murder this morning in a South African court by Judge Thokozile Masipa after a 6-month trial. Masipa found that the State did not prove the elements of premeditated murder beyond a reasonable doubt, and that Pistorius did not have the intent to kill his girlfriend, Reeva Steenkamp.

-The state clearly has not proved beyond (3)

Pistorius has been a fixture in the news after he was charged with one count of murder and three firearms charges stemming from the shooting of Reeva Steenkamp on Valentine’s Day in 2013. Both prosecutors and the defense agreed that Pistorius had killed Steencamp by shooting into a closed bathroom door. However, the defense argued that the killing was not intentional murder because Pistorius did not know Steenkamp was in the bathroom; he believed he was shooting an intruder.

Although the Judge has ruled that Pistorius cannot be found guilty of premeditated murder, Pistorius is not completely out of dodge yet. He still faces additional chages and could be sent to prison for up to 15 years if the Judge convicts him of culpable homicide or negligent killing. The Judge is scheduled to reconvene the judgement phase of the trial on Friday to address the other charges. If Pistorius is convicted of any other crime, there will also be a sentencing phase in the future.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.