Tuesday, November 11, 2014

This may not have much to do with "Petit Theft" but it'll tell you about Stealing a Controlled Substance in FL / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     I'm being charged with 812.014(13A)--what is this ?   I know its petit theft but --(13A)?   I "stole" a 16oz. can of beer....the store owner filed charges and they have me on tape

Michael Adam Haber


Contributor Level 20


Lawyers agree


Answered There is no such statute.

There is 812.014(2)(c)(13) - which makes it a 3rd degree felony to steal "Any amount of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for theft of a controlled substance under this subparagraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed"

The link to the statute follows:


I hope this has been helpful and wish you good luck.
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