West Palm Beach Property and Theft Defense Attorneys

What is Theft in Florida?

Florida statutes distinguish theft as petit theft or grand theft. Depending on which type of theft you are charged with, the state will prosecute the offense as a misdemeanor or a felony. And whether charged as petit or grand theft depends on the value of the property.

Florida state law reads:

A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

Thus, according to Florida law, theft involves the unauthorized taking or use of another person’s property. Crimes that come under the legal heading of theft include larceny, stealing, misappropriation of funds, etc.

In order to be charged with the crime of theft, it must be established that the alleged defendant had criminal intent at the time he or she took, or attempted to take, the property of another and that he or she also intended to deprive the owner of possession or use of the property either temporarily or permanently.

Petit Theft

The precise charges are usually related to the value of the property taken. The lowest level theft offense in Florida is called “petit theft.” If the stolen property is valued at less than $100, the crime is classified as petit theft of the second degree. Stolen property that is valued between $100 and $300 is classified as petit theft of the first degree. Both charges are misdemeanors. A second degree misdemeanor can be punished with imprisonment for up to 60 days and a fine of up to $500. A first degree misdemeanor conviction can result in a sentence of up to one year and a fine of up to $1,000.

In addition, if the defendant has a prior conviction for petit theft of the second degree, the state may prosecute a new offense as a first degree misdemeanor. If he or she has two or more prior convictions for petit theft, the state may charge a subsequent offense as a third degree felony. In such a case, the potential term of imprisonment may be up to five years and the fine up to $5,000.

Grand Theft

Theft of property valued at more than $300 is classified as “grand theft” and is considered a felony under Florida law. Grand theft in the third degree is charged when the value of the stolen property is between $300 and $20,000. Grand theft in the second degree is charged when the value of the stolen property is between $20,000 and $100,000. Property valued over $100,000 will result in a charge of grand theft in the first degree. (In addition, the state of Florida is required to charge grand theft in the first degree for any crime in which a motor vehicle is used during the commission of the crime, other than its use as a getaway car.)

As stated, a third degree felony theft charge carries a potential prison term of up to five years and a fine of up to $5,000. A second degree felony theft charge carries a potential prison term of up to 15 years and fine of up to $10,000. Grand theft in the first degree carries a potential prison term of up to 30 years and a fine up to $10,000. In addition, if in the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000, he or she can be charged with a first degree felony.

Frequently asked questions about theft charges in Florida

Is theft a felony in Florida? 

Theft is a felony in Florida when the property is worth $750 or more. That is grand theft, a third degree felony with up to 5 years in prison (Fla. Stat. 812.014). $20,000 or more is a second degree felony, $100,000 or more a first degree felony. Under $750 is petit theft, a misdemeanor, though a third petit theft charge becomes a felony regardless of value. The State has to prove the value, and how the store or owner arrived at a number is often contested.

Will I go to jail for a first shoplifting charge in Florida?

Jail is rare for a first shoplifting charge in Florida. Shoplifting under $100 is a second degree misdemeanor with up to 60 days in jail; $100 to $749 is a first degree misdemeanor with up to 1 year. Neither carries mandatory jail, and a first offense commonly ends in diversion, probation with restitution, or a fine. The lasting penalties are the ones people do not expect: a civil demand letter from the store, a theft conviction on every background check, and a record that employers and licensing boards treat as a crime of dishonesty.

Is there a diversion program for first time theft charges in West Palm Beach?

Yes, there is diversion for first time theft charges in West Palm Beach. Florida's pretrial intervention statute lets a first offender, or someone with no more than one prior nonviolent misdemeanor, who is charged with a misdemeanor or a third degree felony such as petit theft or basic grand theft complete a program and have the charge dismissed, with the consent of the State Attorney, the victim and the judge (Fla. Stat. 948.08). The State Attorney's Office in West Palm Beach weighs diversion when it decides what to file. Conditions usually include a class, community service and restitution. A dismissed charge can then be expunged.d.

Can a petit theft conviction affect my job or immigration status? 

Yes, a petit theft conviction can affect your job and your immigration status more than most misdemeanors. Theft is a "crime of dishonesty," which means employers, licensing boards, and the military treat it differently from other minor offenses, and it can be used to attack your credibility if you ever testify in court. For non-citizens, theft is generally treated as a crime involving moral turpitude, which can affect a visa, a green card, or naturalization. Any non-citizen facing a theft charge should have a criminal lawyer and an immigration lawyer talk before any plea.

Should I talk to store security or the police about a shoplifting accusation? 

No, do not talk to store security or the police about a shoplifting accusation. Loss prevention officers are not police, but they are trained to get a written admission and a signature before the police arrive, and that statement becomes the State's best evidence. You are not required to sign anything or answer questions. Be polite, ask for a lawyer, and say nothing else. The civil demand letter the store sends later is a separate matter from the criminal case and should not be paid without advice.

What is the difference between theft, robbery and burglary in Florida?

In Florida, theft is taking property, robbery is taking it from a person by force, and burglary is entering a place to commit a crime inside. Robbery requires force or the threat of it; burglary requires entering a structure, home or vehicle with intent, whether or not anything is taken. Robbery is always a felony (Fla. Stat. 812.13), and so is burglary (Fla. Stat. 810.02). The three are charged differently and carry very different sentences: a $50 shoplifting is a misdemeanor, the same item taken from someone's hand is a felony robbery, and taking it from inside a parked car is felony burglary. Read more about robbery charges and burglary charges. [link both]

Is there a statute of limitations on theft in Florida? 

Yes, Florida has a statute of limitations on theft. First degree felony grand theft ($100,000 or more) must be charged within 4 years, other felony grand theft within 3 years, first degree misdemeanor petit theft within 2 years, and second degree misdemeanor petit theft within 1 year (Fla. Stat. 775.15). Theft discovered late, such as an employee theft found in an audit, may get extra time under the exception for offenses based on fraud or breach of fiduciary duty. If a store or employer waits too long, the charge can be dismissed.

Contact an aggressive, experienced criminal defense lawyer that is experienced with petit and grand theft charges in West Palm Beach

If you have questions regarding theft charges, please do not hesitate to contact us for a free consultation so we can review your case. We are happy to meet or speak with you anytime.

Our legal team is experienced, aggressive, compassionate, and will fight for your rights!