Charged With Looting After Hurricane Helene: What Are My Options?

Looting is something that the State of Florida takes very seriously, and local law enforcement has considerable experience with this offense. Communities have seen plenty of storms and hurricanes over the years, and there are always those who feel the need to steal during the lawlessness that follows. While you may feel like you had no other choice but to loot in order to survive, authorities in Florida will take a very different view. What can you do if you were charged with looting after Hurricane Helene?

Florida Has Taken a Tough Stance Against Looting 

Florida has recently amended its theft laws to specifically target looters – especially after flooding and other emergencies. As a result, you can expect serious penalties if you have been accused of looting after Hurricane Helene.

Speaking about this issue, Governor DeSantis noted:

“We actually have even stronger, enhanced penalties when people try to do this stuff on the heels of a major storm like this. So just understand this is a law-and-order state. You don’t want to try anything like this because you’ll end up in the clutches of Johnny Law.”

 The enhanced penalties DeSantis is referring to increase the “degree” of a felony by one level if the offense occurs during a state of emergency. As a result, it is relatively easy to face a second-degree felony for what would normally be a third-degree felony. You could face many years in prison for looting items of a relatively low value.

Potential Defenses Against Looting 

There are various potential defense strategies that may apply to looting charges. Perhaps the most obvious strategy is to claim a case of mistaken identity. Police may have arrested you on the basis of rumors or grainy surveillance footage. Eyewitnesses may have been mistaken. Whatever the case may be, you can challenge the reliability of this evidence and show that someone else probably committed the looting.

Another viable defense is to claim that you accidentally took the stolen items. For example, you might have stumbled upon various items that were washed out of a store due to flooding. If you take these items, prosecutors may struggle to convict you of looting. After all, you had no idea where they came from.

Another option is to pursue a plea deal, and this may be a viable strategy if you face overwhelming evidence. Speak with your defense lawyer to determine whether this might be the right choice.

Can a Fort Myers Defense Attorney Help With Looting Charges? 

A Fort Myers defense criminal attorney may be able to help those who face looting charges after Hurricane Helene. While the State of Florida has taken a decidedly tough stance against looting, serious consequences may not be guaranteed. With help from The Foley & Wilson Law Firm, you can fight for your rights with confidence. Remember, prosecutors must prove your guilt beyond reasonable doubt – so book your consultation today to get started with a defense strategy.

Sources: 

floridapolitics.com/archives/699229-gov-desantis-johnny-law/

fortmyersbeachtalk.com/2024/09/30/photos-of-hurricane-helenes-impact-on-fort-myers-beach/