Florida has consolidated its property crimes to include many offenses under the state's legal definition of "theft." Embezzlement is one of the offenses which can be prosecuted using the state's theft laws. In general, theft involves the unauthorized taking or use of another person's property, with the intent to temporarily or permanently deprive the owner of the property. The following chart provides an overview of Florida's embezzlement statutes:
In an embezzlement case, the state does not need to prove that the defendant initially took the victim's property without the victim's consent; entrustment may have happened voluntarily. However, the prosecutor does need to prove that the defendant later intentionally spent, used, or took the entrusted property without the victim's consent.
Embezzlement may be charged as petit theft or grand theft in Florida. The type of theft often depends on the value of the taken property, which also determines whether the state will prosecute an offense as a misdemeanor or a felony.
Theft of property valued between $300 and $20,000 qualifies as grand theft in the third degree. Property valued between $20,000 and $100,000 becomes grand theft in the second degree, while property valued over $100,000 results in a charge of grand theft in the first degree. In Florida, any theft that does not meet the state requirements for a felony prosecution becomes a petit theft charge prosecuted as a misdemeanor.
|Defenses to Embezzlement Charges
- Good faith belief of ownership or right to possess the property
- Consent given by the property owner beyond the initial consent required to entrust the property to the defendant
|Penalties and Sentences
The punishment for embezzlement comes from the Florida laws regarding theft. The severity of the punishment depends on the degree of the theft charge. Florida state laws punish a petit theft as a second degree misdemeanor with a sentence of imprisonment for up to sixty days and a fine in an amount up to $500. If the defendant has a prior conviction for petit theft, the state may prosecute a subsequent offense as a first degree misdemeanor, which may result in a sentence of up to one year and a fine up to $1,000. If the defendant has two or more prior convictions for petit theft, the state may charge a subsequent offense as a third degree felony, which increases the potential term of imprisonment up to five years and the fine up to $5,000.Grand theft in the third degree carries the same punishment as a third degree felony.
Florida laws allow the prosecution of grand theft in the second degree as a second degree felony. A conviction for a second degree felony may be punished with a sentence of imprisonment for a term lasting up to fifteen years and a fine in an amount up to $10,000. Grand theft in the first degree results in a first degree felony charge, which can lead to a term of imprisonment for up to thirty years and a fine in an amount up to $10,000.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Get Legal Help with Your Embezzlement Case in Florida
Given the long prison sentences and hefty fines that can result from an embezzlement prosecution, you'll want professional assistance if you're charged with the crime. So, if you've been charged with embezzlement in Florida, it's best to contact a local criminal defense attorney who can help determine the best option for defense or help you negotiation a favorable plea agreement.