ORLANDO THEFT DEFENSE ATTORNEY

Theft charges in Florida can range from misdemeanor Petit Theft to serious felony Grand Theft offenses punishable by up to 30 years in prison. Whether a person is accused of Petit Theft, Motor Vehicle Theft, or Grand Theft, a theft conviction can have serious consequences, including jail or prison, probation, and lifelong consequences of a permanent record of a theft related criminal offense. Theft is a crime of dishonesty, which can have serious ramifications for employment, housing, and a person’s credibility. Florida prosecutors aggressively pursue theft offenses, and the severity of the charge depends on the value of the property, the type of property, where it was taken from, how it was taken, and if the accused has any prior theft related convictions.

what must the state prove in a theft case?

To convict someone of a Theft offense under Florida law (Florida Statute 812.014), prosecutors must prove beyond a reasonable doubt that the accused knowingly and unlawfully obtained, used, or attempted to obtain or use the property of another person with the intent to temporarily or permanently deprive the owner of their rights to the property or its benefits. Theft is a specific intent crime, this means that a mistake, misunderstanding, or accident may create important defenses. Because intent is often contested in a theft case, these charges often hinge on whether or not the prosecution can prove that the accused intended to steal the item in question.

Petit Theft vs. Grand theft in Florida

Theft offenses in Florida can vary based on the value of the property allegedly stolen, the type of property, the manner in which it was allegedly stolen, and the accused’s prior criminal history.

Petit Theft

Theft is referred to as Petit Theft in Florida and typically charged as a misdemeanor if the accused does not have a prior theft conviction and the property allegedly stolen is worth less than $750. Petit Theft a 1st degree misdemeanor punishable by 1 year in county jail and a fine of up to $1,000.

Grand Theft

Theft is referred to as Grand Theft and charged as either 1st, 2nd, or 3rd degree felony depending on the circumstances:

3rd degree felony Grand Theft is punishable by up to 5 years in prison and a fine of up to $5,000. This charge applies when the property allegedly stolen is:

• Valued between $750 and $20,000;
• A will or other testamentary instrument;
• A firearm;
• A motor vehicle;
• A commercially farmed animal;
• A fire extinguisher;
• Stolen from a construction site;
• Any stop sign;
• A controlled substance
• Taken from a dwelling or the unenclosed curtilage of a dwelling

2nd degree felony Grand Theft is punishable by up to 15 years in prison and a $10,000 fine. This charge applies when the property allegedly stolen is:

• Valued between $20,000 and $100,000;
• Cargo valued at less than $50,000;
• Emergency medical equipment or law enforcement equipment valued at over $300 removed from an emergency vehicle;

1st degree felony Grand Theft is punishable by 30 years in prison and a fine of up to $10,000 if the property allegedly stolen is:

• Valued at $100,000 or more;
• A semitrailer deployed by law enforcement;
• Cargo valued at $50,000 or more;
• Taken and the accused uses a vehicle as an instrument other than a getaway vehicle;
• Taken and the accused allegedly causes more than $1,000 in property damage in the process

Defenses to Theft Charges in Florida

Theft cases are fact specific, and defenses will vary by case, but some defenses include a lack of intent and challenging the valuation of the allegedly stolen property. Charges often hinge on these two elements, so having experienced legal representation on the case can make a major difference.

Central Florida Justice can help

Central Florida Justice founder Ben Baxter is a former prosecutor and criminal defense attorney with over a decade of experience in criminal law. As a former prosecutor, he knows how the State of Florida investigates, charges, and prosecutes Theft cases. Now he uses that knowledge to defend his clients and fight for the best possible outcome in their cases.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been charged with a Theft related offense, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.