St. Petersburg Resisting Recovery of Stolen Property Defense Lawyer

Bringing Decades of Combined Criminal Law Experience to Your Defense

If you are suspected of having committed a theft of merchandise or property, the store owner, an employee, or law enforcement can make a reasonable attempt to recover and return the property to its rightful owner. Should you resist that attempt, you can face charges not only of the theft but also of resisting the recovery of the stolen property. Your resistance can be seen as an obstruction of justice. You can then be tried for both offenses with the prosecutor commonly seeking the maximum penalties because of the two concurrent crimes.

When facing these charges, it is in your best interests to seek a trusted criminal defense lawyer who practices in the local courts. At Morris Law Firm, P.A., we have deep experience in handling the defense of these criminal charges. Our founding attorney, Melinda Morris, has worked such cases both as a former prosecutor for the State Attorney’s Office in Pinellas County and as a criminal defense attorney for clients throughout the greater St. Petersburg area and surrounding counties. We understand the stakes of facing multiple charges and how convictions on both counts can negatively impact your future. That is why we do everything possible under the law to help you achieve the best possible case result.

Reach out to us at (727) 592-5885 for legal assistance with your defense. You can also contact us online for a case evaluation. 

Resisting Recovery of Stolen Property Charges in Florida

Resisting recovery of stolen property contains five elements as a crime that must be proven beyond a reasonable doubt by the prosecution’s case in order for you to be convicted.

These five elements include:

• You did commit the crime of property theft from the property owner or merchant.
• After or during the incident, the property owner tried to recover the stolen property from you.
• You put up a resistance to the potential recovery.
• When you were resisting, the property owner had probable cause to think that you had hidden or removed the property from where it had been in place.
• During this incident of resistance, the victim in the matter was law enforcement, a merchant, or the merchant’s employee.

Penalties for Resisting Recovery of Stolen Property

Under Florida law, resisting recovery of stolen property is charged as a first-degree misdemeanor that carries penalties of up to a year in jail and/or a fine of up to $1,000. You will also be facing the underlying theft charges that carry penalties according to the value of the property or merchandise stolen.

The charges for property theft can range from second-degree misdemeanors all the way up to first-degree felonies. For example, if the theft of property was valued under $100, a second-degree misdemeanor charge carries up to 60 days in jail and/or a fine of up to $500. Theft of property valued between $100 and $300 results in first-degree misdemeanor charges carrying up to a year in jail and/or a fine of up to $1,000. Property valued above this amount may be charged as third-degree, second-degree, or first-degree felonies carrying prison terms ranging from five up to 30 years and fines ranging from $5,000 up to $10,000.

Furthermore, theft of property valued at $300 or more become third-degree felonies under other circumstances as well, such as stealing property from more than one location at a time within 48 hours or coordinating with others to commit theft. Charges can also be increased in cases where you have previous convictions.

Turn to Our St. Petersburg Resisting Recovery of Stolen Property Defense Attorneys

As in any case, defenses do exist when being charged with resisting recovery of stolen property. However, you will need an attorney who is well-versed in the law and who has experience deconstructing the prosecution’s case against you and crafting an effective defense. The burden of proof for defending against these charges will be on you and your attorney. At Morris Law Firm, P.A., we can rely on our many years of investigating and building defense cases for our clients facing a wide range of criminal charges. We urge you to take advantage of our firm’s outstanding experience, reputation, and dedication to helping you achieve a favorable outcome.

Connect with our legal team by calling (727) 592-5885 for a consultation today.