As of Oct. 1, the threshold for felony home theft convictions is much lower, and new restrictions have been placed on patterns of theft with House Bill 549. The state has cited a rise in crime as reason for the change while news outlets describe a 30% drop in theft convictions over the last year.
In addition to a decrease in the threshold for felony theft, the state also added punishments for repeat offenders and increased the “frequent theft period” from 30 to 120 days.
Porch Pirating
New Threshold
Previously, the threshold for felony home theft was $750 or more. Now, however, the threshold for grand theft in the third degree theft is just $40, if the item is stolen from the home. Grand theft in the third degree is punishable as a felony in the third degree. This means that stealing the wrong package can land you up to 5 years in prison and/or a $5,000 fine.
Petit theft in the second degree has also been removed when the items are taken from a home. Instead, theft of items under $40 from a home is now a first degree misdemeanor instead of the previous second-degree misdemeanor. However, any repeat offense will result in a third-degree felony conviction.
Mass Theft Offenses
In addition to the lowered threshold, the state has also placed a penalty on “mass theft events,” where the thief takes items from more than 20 homes. These items could be located within the home or on the porch – the bill does not make a distinction.
The penalty for engaging in mass theft is a second-degree felony, punishable by up to 10 years in prison.
Increased Theft Period
The period for retail theft events has been increased from 30 days to 120 days. Typically, stores wait until shoplifters steal a threshold amount of goods – usually a felony level, or wait until the period has ended and prosecute the shoplifter based on how much was stolen during those 30 days.
Now, stores can wait up to 3 months before prosecuting – meaning that shoplifters are much more likely to receive a felony conviction, even if the theft events are spread out over three months.
Additionally, the crime may now be treated as a third-degree felony if the number of thefts are 3, down from 5, in the 3 month period.
Concerted Theft
HB 549 also makes it a crime to work with 5 or more people to commit theft. The idea behind this change is that showing up as a large group is intended to frighten or overwhelm the response of a merchant, employee or law enforcement officer to avoid detection. This kind of crime is a third-degree felony.
It is also a second-degree felony to solicit the participation of another person via social media.
Analysis
These changes are aimed at reducing theft crimes by significantly enhancing the associated penalties. The idea is that criminals are far less likely to consider stealing from a store or a home if they are more or less automatically facing a felony conviction, rather than a misdemeanor.
In reality, the state may instead be created more criminals with these enhanced penalties. It is also possible that newly minted felons will return to crime after their sentence ends as they have difficulty finding work.
Contact a Criminal Defense Attorney for Theft in Brevard County, Fl
If you have been charged with a theft crime, including shoplifting, theft of a vehicle, or any other crime related to unlawful taking, you need to contact Mark Germain immediately. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
