Legal Question in Criminal Law in Florida
My brother is incarcerated for felony retail theft, the amount of the items on sale were $290 which would make it a misdemeanor the regular price was $305 which takes it to a felony,if the items were on the sale at the time of the theft are they allowed to charge him with the regular price of the items(shoes). If he would have actually purchased the shoes he would have been charged the sale price.
1 Answer from Attorneys
You are correct that the correct value of the property is under $300. The reason is because the value is assessed at the fair market value, that is to say, how much people pay for a thing. Being that it is presently on sale at a lower amount, the lower amount is what is used for the criminal case. At $290, this is a petit theft first degree misdemeanor. He needs an attorney to address this issue.
Of course, a petit theft can still be a felony if there are two prior theft convictions.
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