Theft

February 8, 2023

Is kleptomania a defense in a South Florida theft case?

By The Law Offices of Richard Ansara, P.A.

“Did you HAVE to steal that?” If the person you’re asking has kleptomania, the answer could very well be, “Yes.” But is it a viable criminal defense in a South Florida theft case?

Maybe.

It’s probably only a successful defense strategy in a small percentage of Florida theft cases. But talk about it with your Broward criminal defense lawyer. Unless you’ve actually been diagnosed with kleptomania – and are actively seeking treatment or are willing to do so – a different approach to your defense may be much more effective.

What Exactly is Kleptomania?

You may have heard the term “klepto” used in reference to a person who regularly steals. That’s sort of the gist, but kleptomania is an actual mental health disorder that, as noted by the Mayo Clinic, involves “repeatedly being unable to resist urges to steal items that you generally don’t need.” Often, these items have little value and could likely be afforded by the person taking them.

Ultimately, it’s an emotional/behavioral issue that comes down to lack of impulse control. It’s a behavioral addiction, similar to those with gambling disorder, sex addiction, shopping addiction, or eating disorder. Like many impulse control disorders, it’s extremely difficult to resist the temptation or powerful urge to engage in this activity – even knowing it’s against the law and harmful to yourself, your relationships, your reputation, your freedom, etc.

These episodes can occur in public places, like a store (shoplifting), or may happen at someone’s residence, a friend’s home, a party, etc. The urge to steal may come and go in waves. Unlike most other shoplifters, it’s not about personal gain, revenge, or rebellion for someone with kleptomania. It’s solely about powerful urges the person doesn’t feel able to control.

It’s worth noting that if you have not been arrested/caught and want to seek help, a mental health provider is unlikely to report theft-related crimes to authorities – especially if you’re seeking help. You can talk to a defense lawyer in advance if you have concerns.

When Can Kleptomania Be Raised as a Florida Criminal Defense Strategy?

As noted by research published in The Journal of the American Academy of Psychiatry and the Law, kleptomania is a little unique among behavioral addictions in that the diagnostic criteria for the disorder necessitates criminal behavior (i.e., stealing/theft). By definition, they’ve committed theft, whether or not they’re ever criminal convicted. Continue reading

June 1, 2020

Fort Lauderdale Defense Lawyers: Theft Charges Require Proof of Intent

By The Law Offices of Richard Ansara, P.A.

Proving misdemeanor or felony theft in Florida requires proof of intent to deprive the owner of his or her rights to the property. Grand theft, as outlined in F.S. 812.014 is the unlawful taking or using of property valued at more than $300. But as our Fort Lauderdale defense lawyers point out, one’s intent in taking or using that property is key.

That’s why prosecutors in Citrus County recently dropped two grand theft charges against a roofing contractor initially accused of defrauding customers by taking nearly $15,000 in deposits without completing the work he promised. As the prosecutor explained to a reporter from the Citrus County Chronicle, the state attorney’s office would have had to have shown that the defendant took the customers’ down payment and in turn used it all for personal financial gain – not simply for running his business. What the evidence showed, however, was that he used the money to buy materials and contract labor for the jobs, but did not follow through in completing them.

This might tend to show the contractor was a poor business manager, but not that he’d committed theft, as understood by Florida law. Continue reading

August 15, 2019

Florida Petty Thefts Treated as Felonies; Bill to Change That Fails

By The Law Offices of Richard Ansara, P.A.

It’s hard for some folks to believe that non-violent, small-time, petty theft can land people in a Florida prison for years. But it happens all the time, both because of Florida’s low felony theft threshold and minimum mandatory penalties for those convicted of prior offenses.

Two bills that had been advancing through the Florida legislature earlier this year sought to address it. Both, however, have since been defeated, meaning at least this year, the Sunshine State won’t be joining the ranks of a growing number of states that are increasing the dollar amount threshold for felony theft charges (the dollar amount at which a theft crime becomes a felony instead of a misdemeanor).

Lowest Felony Theft Threshold in the Country

In fact, Florida has the second-lowest felony theft threshold in the country – just $300, per F.S. 812.014. Someone may end up in prison for stealing even less than that if they have prior convictions or are on probation/parole. Other states, on average, have a felony theft threshold of somewhere between $1,000 and $2,500. Plus, many don’t have the punitive provision that Florida has, wherein the third petty theft is an automatic felony charge. Continue reading

January 14, 2019

South Florida Defense Lawyers for “Porch Pirates” Loaded Up – On Criminal Charges

By The Law Offices of Richard Ansara, P.A.

Florida’s history is rich with pirate lore, but these days, as e-commerce has soared, most coast dwellers in the Sunshine State are more concerned with piracy on their front porches. An analysis by InsuranceQuotes.com reveals 26 million Americans (roughly 8 percent) had online-ordered packages swiped from their front steps in 2017. As Fort Lauderdale criminal defense attorneys, it’s been our experience that alleged thieves in years past were rarely traced. That’s changing. Rather than alter their online shopping habits, consumers are committing themselves to tracking down those suspected of pilfering their packages.

Methods have included:

Installation of motion detectors – 34 percent
Installation of security systems – 30 percent
Installation of automatic timers – 25 percent
Equipping fake packages with a GPS tracker and personal camera and rigging it for a glitter-and-stink-bomb explosion – 1 former NASA engineer/ new YouTube Star.

And while those candid camera have been giving a lot of folks a good chuckle, our Fort Lauderdale package theft defense attorneys want to stress the truth of the matter, which is that the charges one can face for allegedly stealing a package from another’s porch are no laughing matter. Given the uptick in home surveillance use, there is an increased likelihood one will get caught, especially if this was a spree rather than a one-off, you have prior charges and/or are on probation. Continue reading

November 22, 2018

Fort Lauderdale Defense Lawyer: Stolen Car Conviction Requires Evidence Defendant Knew Property Stolen

By The Law Offices of Richard Ansara, P.A.

If you are arrested on possession of any type of grand theft, the state needs to show at least some evidence you knew the property was stolen, or else evidence you are unable to “satisfactorily explain” why you are in possession of property recently stolen. F.S. 812.022 states there is an inference that one in possession of recently-stolen property knew or should have known that property was stolen “unless satisfactorily explained.” Part of the job of a Fort Lauderdale defense lawyer in a grand theft case will be to show that if you are in possession of recently-stolen property, you did have a satisfactory explanation for it.

The inference is one that is rebuttable, and it’s important your Fort Lauderdale defense lawyer do so because grand theft, as outlined in F.S. 812.014, is a felony charge. Theft of a motor vehicle, assuming it wasn’t damaged, is a third-degree felony, punishable by up to five years in prison. Numerous variables can result in heightened penalties for Florida auto theft, but it’s a serious offense for anyone – including a juvenile.

Fort Lauderdale Defense Lawyer Challenges Inference of Guilt in Possession of Stolen Property Conviction

This issue arose on appeal a few years ago in a juvenile criminal case a few years ago before Florida’s 3rd District Court of Appeal. In C.T. v. State of Florida, an adjudicatory hearing was held in late 2016 on the question of whether defendant juvenile knew or should have known the car hew was driving when he was pulled over by police was stolen. Continue reading

September 12, 2018

Florida Frequently Ground Zero for Emerging New Fraud Types

By The Law Offices of Richard Ansara, P.A.

Many new types of fraud are either born or become big-time in Florida – South Florida in particular. A top agent for the Internal Revenue Service speculated it was a combination of factors: Beautiful weather and beaches a lot of people in general. Older folks – especially vulnerable to almost all kinds of fraud – often retire here. Florida also truly embodies the U.S. “melting pot,” with organized crime sprouting up from all ethnic groups.

The Federal Trade Commission reported earlier this year that Florida is the scam capitol of the country (based on both crime statistics and complaints made directly to the commission) with seniors the primary prey – at least in terms of dollars. Although there were more younger people who reported losing money to fraud, victims over 70 sustained higher median losses.

Whatever the reason, our Fort Lauderdale fraud attorneys know crimes of fraud, often referred to as “white collar crimes,” are often penalized severely, with defendants facing either state or federal charges, the distinction usually being the method of the scam, how much money it involved and whether it affected people in other states. Continue reading

June 17, 2018

U.S. Supreme Court: No Warrant? No Driveway Search.

By The Law Offices of Richard Ansara, P.A.

People in the U.S. have a number of Constitutional rights that ensure (among other things) due process as they go about their lives. One of those, as outlined in the Fourth Amendment to the U.S. Constitution, is the freedom from unreasonable search and seizure. It has long been established that warrants are generally required to initiate a non-consensual search of one’s person or property. However, there is an automobile exception that allows warrantless searches if the vehicle is traveling on a public road and the law enforcement officer has reasonable suspicion of a crime.

Now, in what’s being hailed a win for privacy rights, the U.S. Supreme Court has just handed down an 8-1 decision holding police are not allowed to search the area around a private home absent a warrant – even if they believe they’ve seen stolen property on site. A motorcycle in a driveway was was started this particular case.

Officers at a county police agency in Virginia say they attempted to initiate a traffic stop of a motorcycle rider on two different occasions, but both times, the driver evaded. Police were able to learn from those encounters that the motorcycle in question was stolen. A suspect was identified, based on Facebook photos the suspect had posted of the motorcycle in question, which was parked at suspect’s girlfriend’s home. An officer went to that location, where a motorcycle was spotted – covered by a tarp – in the driveway. The officer – who did not have a warrant and was not invited onto the property – removed the tarp. Based on the information he gathered, he identified the bike as stolen and arrested the suspect – who claimed he purchased the motorcycle without a title. He was charged with receiving stolen property. Continue reading

August 25, 2017

Fake Credit Card Arrests in Florida Spike

By The Law Offices of Richard Ansara, P.A.

A number of recent criminal cases in South Florida have involved counterfeit checks.

Florida Statute F.S. 817.60(6) deals specifically with forgery of credit cards. Violation of this statute is punishable under F.S. 817.67, which classifies it as a third-degree felony, punishable by up to five years in prison.

A strong criminal defense is required in these cases. Continue reading

July 18, 2017

Broward Teens Accused of Stealing Man’s Life Savings, Porsche, Guns

By The Law Offices of Richard Ansara, P.A.

Six teenagers, ages 14 to 16, are accused of breaking into a man’s Fort Pierce home, stealing a safe containing $200,000 in cash, as well as a Porsche and two handguns. When authorities questioned the boys about the alleged crimes, they reportedly admitted to the theft, and said they had spent the money on gold jewelry, gold teeth, and high and cars and cash gifts for themselves and their mothers.

Their arrests came at the close of an investigation that began after an April home break-in. Authorities say the homeowner returned to his residence to find his garage door open, and his $60,000 Porsche missing. When he went inside, he discovered his safe with $200,000 in cash – his life savings – and two firearms were missing. The teens reportedly left the vehicle at a local gas station, and while there, one of them pried open the safe and discovered the money, contained in plastic Ziploc bags, inside.

The teens reportedly blew threw the cash, buying gold, vehicles and other gifts. One teen said he had been robbed of the cash. One said he threw away the two guns in a garbage can outside a mall in Fort Lauderdale. When police found the stolen Porsche, they discovered the safe still inside – along with paperwork belonging to one of the teens. This led them to one of the suspects, which led to all of them. Fingerprints from the stolen vehicle were traced to each of the teens. Continue reading

June 14, 2017

Defending Theft Charges in Broward County

By The Law Offices of Richard Ansara, P.A.

In the State of Florida, criminal code Section 812.014 governs the laws pertaining to the crime of theft. Theft is classified as either petit theft or grand theft, depending on the value of the property that was allegedly stolen. It is then broken down in specific degrees of petit theft or grand theft based on the value of the property.

For example, if you are accused of stealing any property that is valued at more than $300, it will be considered grand theft according to the law. However, this does not mean you will actually be charged with grand theft, as the prosecutors typically have discretion to charge even a grand theft a lesser included offense of petit theft. Continue reading