Florida Theft Laws

Like most other jurisdictions, the state of Florida has criminal statutes specifically addressing theft and other related offenses. While the theft of property may not seem like a big deal to some people, it is a serious crime. A conviction can result in possible jail time, fines, and community service.

Florida‘s theft laws can be complex and difficult to understand if you’re unfamiliar with them. There are several degrees of theft in Florida, with each carrying different criminal penalties. In this article, we’ll explain Florida‘s laws regarding these theft offenses, including the potential penalties and defenses to these crimes.

If you’re facing theft charges, consider contacting a local criminal defense attorney for help. Having an attorney can make the difference between a conviction and an acquittal.

How Does the State of Florida Define Theft?

Florida laws use the term “theft” to describe a variety of property crimes, including larceny, stealing, misappropriation, conversion, and other offenses. In simple terms, theft involves the unauthorized taking or use of another person’s property.

Given that Florida‘s criminal code outlines numerous levels of theft, it’s crucial to understand the differences between them and the associated penalties for these criminal offenses. Certain Florida statutes sections define theft, including the penalties and possible defenses.

Under Florida law, A person commits theft if they knowingly obtain or use the property of another with the intent to either:

• Deprive the other person of their right to the property or a benefit from it
• Keep the property for their own use or for the use of any person not entitled to it

The prosecutor must establish that the defendant had specific intent to take or use property belonging to another person. It’s considered theft regardless of whether the taking of the item was meant to be temporary or permanent.

Florida state laws distinguish between petit theft (petty theft) and grand theft. The type of theft determines whether the state will prosecute an offense as a misdemeanor or a felony. The type of theft often depends on the value of the property.

Petty Theft

Florida laws define the degree of theft based on the value of the stolen property. Florida‘s criminal statutes distinguish between grand theft and petty theft, categorizing these offenses by degree.

• First-degree petty theft involves stolen property with a value between $100 and $749. It is a first-degree misdemeanor with a maximum penalty of one year in jail and a $1,000 fine. If a person has two or more prior theft convictions, a new petit theft charge can be elevated to a third-degree felony with a maximum penalty of five years in prison and fines of up to $5,000.
• Petit theft of the second degree applies to stolen property valued less than $100. It is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.

These value thresholds are what determine the penalties for common forms of theft, such as shoplifting (also known as retail theft).

Grand Theft

Grand theft charges apply to higher-value property. The overall value, along with any previous convictions, will dictate the severity of the punishment. The range includes:

• First-degree grand theft applies to stolen property valued at $100,000 or more. It is a first-degree felony punishable by up to 30 years in prison and fines of up to $10,000.
• Second-degree grand theft applies to stolen property valued at $20,000 or more but less than $100,000. It is a second-degree felony punishable by up to 15 years in prison and fines of up to $10,000.
• Grand theft of the third degree applies to stolen property worth $750 or more but less than $20,000. It is a third-degree felony punishable by a maximum of 5 years in jail and a $5,000 fine.

A person may also face third-degree felony charges depending on the type of property they steal. For example, if someone steals a firearm, motor vehicle, commercially farmed animal, fire extinguisher, stop sign, construction sign, anhydrous ammonia, controlled substances, or 2,000 or more individual pieces of citrus fruit, they’ll face third-degree felony charges.

Possible Defenses

The strongest defense against a theft charge is a lack of intent to commit the crime. The prosecution must prove you intended to steal. If you took the property by mistake or accident, you have not committed theft. It can be argued that forgetting an item was on the bottom rack of your shopping cart is not theft because there was no intent to deprive the owner of their property.

Other defenses that may be available in a theft case include:

• Honest belief of ownership or right to possess the property
• Consent

While entrapment is a defense in some states, Florida has specific statutes that exclude the defense. A defendant must prove that law enforcement acted in a manner that would induce an ordinary, law-abiding person to commit a crime.

Charged With Theft? Seek Legal Advice Today

If you’re facing theft charges or other felony charges, contact an experienced Florida criminal defense lawyer. The penalties for theft may not seem all that severe, but a theft conviction will impact both your personal and professional lives.

A skilled criminal defense attorney will help devise a strong defense strategy and strive to achieve an acquittal. If that’s not possible, they’ll work to negotiate a favorable plea bargain with the prosecutor.