Legal Question in Criminal Law in Florida

Trespass and larceny with relation to utility fixtures

I was recently arrested for receiving the direct benefit from the use of a utility knowing that such direct benefits have resulted from any tampering with any device owned by the utility company. I did not know how the electricity was turned on or by whom but I knew it should have been off. I have never been convicted of any crimes previous and was charged with a first degree misdemeanor but was not taken down to the station to be booked, I was released by the arresting officers. My question is what kind of penalty should i expect and prepare myself for and do i need to seek legal counsel for this offense?


Asked on 12/11/02, 4:18 pm

2 Answers from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Trespass and larceny with relation to utility fixtures

The maximum criminal penalty for that crime is 1 year county jail, and a $1,000.00 fine. However, if the utility decides to sue you, they could recover 3 times the actual amount of the services, or $1,000.00, whichever is greater inaddition to any criminal penalties. Although it seems unlikely that you would receive any jail time for this, your first ever crime, I have seen stranger things happen. You should get an attorney.

Dan

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Answered on 12/12/02, 11:01 am
Eric Dirga Eric J. Dirga, PA

Re: Trespass and larceny with relation to utility fixtures

You case is a common one. As a former prosecutor I have seen these cases prosecuted. There are matters of proof that may be in your favor (that you did not do the actual tampering, etc.). There are other issues also. You should hire an attorney to look closely at this case and advise you of your situation

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Answered on 12/14/02, 11:10 am


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