Resisting Recovery of Stolen Property
Theft is in itself a criminal offense, but an alleged offender who prevents stolen property from being recovered can face additional criminal charges. Florida state law allows charges of theft and resisting recovery of stolen property to be tried concurrently (at the same time).
Resisting recovery of stolen property is a misdemeanor offense, but it is taken very seriously by prosecutors because the crime is essentially an obstruction of justice. For this reason, prosecutors can be inclined to pursue maximum punishments in such cases.
Lawyer for Resisting Recovery of Stolen Property Arrests in Broward County, FL
Were you arrested in South Florida for allegedly resisting recovery of stolen property? Do not say anything to authorities without first contacting The Hoffman Firm.
Fort Lauderdale criminal defense attorney Evan A. Hoffman defends clients charged with robbery or theft crimes in communities all over Broward County, including Hallandale Beach, Cooper City, Coral Springs, Dania Beach, Fort Lauderdale, and many others.
You can have our lawyer provide an honest and thorough evaluation of your case as soon as you call (954) 524-4474 to set up a free, confidential consultation.
Overview of Resisting Recovery of Stolen Property in Fort Lauderdale
- How does a person commit a resisting recovery of stolen property crime?
- What are the possible punishments for people convicted of resisting recovery of stolen property?
- Where can I learn more about resisting recovery of stolen property in Broward County?
The criminal offense of resisting recovery of stolen property is established under Florida Statute § 787.02(2). Chapter 15.5 of the Florida Standard Jury Instructions asserts that the State must prove the following five elements beyond a reasonable doubt in order to prove the crime of resisting recovery of stolen property:
- The alleged offender was committing or had committed theft of property from the alleged victim;
- During or after the theft, the alleged victim made a reasonable effort to recover the property;
- The alleged offender resisted the alleged victim’s effort to recover the property;
- At the time of the alleged offender's resistance, the alleged victim had probable cause to believe the alleged offender had concealed or removed the property from its place of display or place where the property had been kept; and
- At the time of the resistance, the alleged victim was a merchant, merchant’s employee, or law enforcement officer.
Under Florida Statute § 812.014(1), a theft occurs when someone knowingly and unlawfully obtains or uses, or endeavors to obtain or to use, the property of another and does so with intent to, either temporarily or permanently, deprive the person of his or her right to the property or any benefit from it or to appropriate the property to his or her own use or to the use of any person not entitled to it.
Criminal charges for theft crimes can vary, depending on the type of property and value of the property stolen. Retail theft (shoplifting) offenses involving property valued at less than $300 are typically misdemeanor petit theft crimes. When the property is valued at $300 or more, the crime is the felony offense of grand theft.
Resisting recovery of the stolen property itself is a first-degree misdemeanor. A conviction is punishable by up to one year in jail and a fine of up to $1,000.
Because resisting recovery of stolen property charges can be tried concurrently with the underlying theft offenses, the criminal penalties for a theft conviction can often be much more severe. Depending on the type and value of the property allegedly stolen, a person could receive any of the following sentences:
- Less Than $100 — a Second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500;
- $100 or More, But Less Than $300 — First-degree misdemeanor punishable by up to one year in jail and a fine of up to $1,000;
- $300 or More, But Less Than $20,000 — Third-degree felony punishable by up to five years in prison and a fine of up to $5,000;
- $20,000 or More, But Less Than $100,000 — Second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000; and
- $100,000 or More — First-degree felony punishable by up to 30 years in prison and a fine of up to $10,000.
Certain exceptions do apply to these general provisions. For example, theft of a firearm is a third-degree felony even if it is valued at less than $300.
Fort Lauderdale Police Department (FLPD) | Crime Statistics — Visit this section of the FLPD website to access various crime reports. You can find a citywide report, reports by district, and city and districts annual comparisons. The website also has a homeowner association year-to-date report, monthly comparisons, and annual comparisons.
Broward County, FL | National Association for Shoplifting Prevention (NASP) — NASP is a nonprofit 501(c)(3) organization originally founded as Shoplifters Anonymous, Inc. View the results of a NASP recidivism study using information provided by the Broward County Clerk’s Office in Fort Lauderdale to determine the effectiveness of the Shoplifters Alternative Course (SA Course) in preventing future adult shoplifting offenses. The study found that 97.9 percent of 824 adult shoplifting offenders who completed the SA Course over a three-year period were not arrested for shoplifting again, translating to a recidivism rate of 2.1 percent.
Find a Resisting Recovery of Stolen Property Defense Attorney in Fort Lauderdale, FL
If you were arrested for resisting recovery of stolen property in Broward County, it is in your best interest to immediately seek legal representation. The Hoffman Firm represents individuals in Pompano Beach, Hollywood, Lauderhill, Margate, Miramar, and many other nearby areas of South Florida.
Evan A. Hoffman is an experienced criminal defense lawyer in Fort Lauderdale who can fight to possibly get your criminal charges reduced or dismissed. He can review your case and help you understand all of your legal options when you call (954) 524-4474 or complete an online contact form to schedule a free initial consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
Attorney featured on:
If you received any kind of traffic violation in the Broward County area call The Hoffman Firm today.Find out more