Theft Crimes

If you’re facing theft charges in Florida, it’s normal to feel overwhelmed. These charges are taken seriously here, and a conviction could lead to heavy fines or even jail time. Theft offenses range from misdemeanors, which carry lighter penalties, to felonies that can result in more severe consequences.

Sometimes even small details can make the difference between being charged with misdemeanor or felony theft. It’s important to understand the different types of theft, the potential consequences, your options for defense, and how a theft defense lawyer can protect your rights.

Melbourne Theft Crimes Lawyer

If you have been charged with a theft crime, including shoplifting, theft of a vehicle, or any other crime related to unlawful taking, you need to contact Mark Germain immediately. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.

• Definition of Theft
• Specific Offenses
• Maximum Jail Time and Fines
• What Are Potential Defenses to Theft Charges?
• Criminal Process for Theft Charges in Florida
• Collateral Consequences of a Theft Conviction
• What Are Potential Non-Jail Alternatives for Theft?
• Can a Theft Lawyer Defend Me?
• Additional Resources
• Hire a Lawyer for Theft Charges in Brevard County Florida

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Definition of Theft

Theft is the unlawful act of taking another person’s property with the intent to deprive the owner of their rights to the property. This can involve physical possessions, money, or services and can be committed through various means such as force, fraud, or deception.

Key Terms

• Obtains or Uses: Any act of taking control over, transferring, or making unauthorized use of property.
• Property: Includes both tangible items (physical goods) and intangible items (rights, privileges, or services).
• Services: Anything of value resulting from a person’s physical or mental labor, skill, or use of property.
• Intent: The purpose or plan to permanently or temporarily take away the owner’s rights to their property.
• Deprive: To deny the owner the right to use or benefit from their property, either temporarily or permanently.

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Specific Offenses

Theft (Generally) – Florida Statues Section 812.014

Types of Theft Offenses

• Giving a Worthless Check – Florida Statutes Section 832.05 – This offense occurs when someone writes or uses a check, draft, or debit card to pay for something, knowing they don’t have enough money in the bank to cover it. If the amount is less than $150, it’s considered a first-degree misdemeanor. If the amount is $150 or more, it becomes a third-degree felony.
• Retail Theft / Shoplifting – Florida Statutes Section 812.015 – Retail theft is when a person steals items from a store, changes price tags, or tries to leave without paying for what they took. If the stolen items’ value is $750 or more, or if the person has committed similar thefts before, this act is classified as a third-degree felony. The penalty increases to a second-degree felony if the theft is part of a larger organized effort, or if the person has previous convictions or uses social media to plan the theft.
• Carjacking – Florida Statutes Section 812.133 – Carjacking is when someone forcefully takes a car from another person, intending to keep it or use it temporarily. If the person uses a gun or deadly weapon while doing this, it’s a first-degree felony, which can lead to life in prison. If no weapon is involved, it’s still a first-degree felony but with slightly lesser penalties. The act covers not only the moment the car is taken but also any actions right before or after the car is taken if they are part of the same event.
• Grand Theft Auto | Auto Theft – Florida Statutes Section 812.014 – Grand Theft Auto is when a person takes a vehicle without the owner’s permission, intending to keep it or use it unlawfully. This crime is classified as a felony of the third degree. If the vehicle is valued at $100,000 or more, or certain aggravating factors are present, it can be elevated to a first-degree felony.
• Providing False Information to a Pawnbroker – Florida Statutes Section 539.001(12)(i) – This offense occurs when someone knowingly gives false information about their ownership of property or presents fake or altered identification to a pawnbroker when selling or pawning an item. It is classified as a felony. If the amount received from the pawnbroker is less than $300, it is a third-degree felony. If the amount is $300 or more, it is a second-degree felony.
• Dealing in Stolen Property – Florida Statutes Section 812.019 – This statute criminalizes the trafficking or attempted trafficking of stolen property, with knowledge or reason to know it was stolen. Trafficking in stolen property is a second-degree felony, while organizing or managing theft and trafficking is a first-degree felony.

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Maximum Jail Time and Fines

• 2nd-Degree Misdemeanor: 60 days jail, $500 fine.
• 1st-Degree Misdemeanor: 1 year jail, $1,000 fine.
• 3rd-Degree Felony: 5 years prison, $5,000 fine.
• 2nd-Degree Felony: 15 years prison, $10,000 fine.
• 1st-Degree Felony: 30 years prison, $10,000 fine.
• Life Felony: Life imprisonment, $15,000 fine.

Actual penalties vary based on the offense, the individual’s criminal history, and any aggravating circumstances. Misdemeanors are heard in county court, while felonies are heard in circuit court.

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What Are Potential Defenses to Theft Charges?

• Lack of Intent: A key element in any theft charge is the intent to steal. If a person took property without intending to permanently keep it, they might not be guilty of theft. For example, if someone intended to return another’s property after borrowing it, this could serve as a defense.
• Mistake of Fact: If a person honestly believed that the property they took belonged to them or that they had a right to it, this belief could serve as a defense. The mistake must be reasonable and relate directly to the ownership or right to the property.
• Consent: If the owner of the property gave permission for the person to take or use the property, it is not theft. This defense can apply if there is evidence that the property owner allowed the person to take the item in question.
• Ownership or Right of Possession: A person cannot be guilty of theft if they were the true owner of the property or had a right to possess it. This defense is applicable if the person charged can show that they legally owned the property or had a valid claim to it.
• Duress: If a person committed the theft because they were forced or threatened with harm, they might be able to use duress as a defense. This applies if the person was in a situation where they believed they had no other choice but to commit the theft to avoid serious harm.
• Entrapment: If law enforcement officers induced a person to commit theft that they otherwise would not have committed, entrapment can be a defense. This defense is used when it can be shown that the idea of committing the theft originated with the authorities and not the accused.
• False Accusation: In some cases, a person may be falsely accused of theft. This can happen because of misunderstandings, mistaken identity, or deliberate lies.
• Alibi: An alibi defense involves showing that the accused was somewhere else when the theft occurred. If it can be proven that the person was not present at the location of the theft when it happened, they cannot be guilty of the crime.
• Value Dispute: In some theft cases, the value of the stolen property is a critical factor in determining the severity of the charge. If there is a dispute over the value of the property, this can be used to challenge the level of the charge, potentially reducing it from a felony to a misdemeanor.

For a conviction, the prosecution must prove every element of the theft charge beyond a reasonable doubt. If there is not enough evidence to establish all the necessary elements, the case should be dismissed.

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Criminal Process for Theft Charges in Florida

Arrest and Booking for Theft

The process typically begins with an arrest if law enforcement believes there is sufficient evidence to charge someone with theft. This could result from being caught in the act, a report made by a victim, or an investigation. After the arrest, the person is taken to jail, where they go through booking. During booking, fingerprints, photographs, and personal details are collected.

First Appearance

Within 24 hours of being arrested, the individual must appear before a judge. This is known as the first appearance. At this stage, the judge informs the accused of the theft charges against them. The judge also decides on bail, which allows the person to be released while awaiting trial. When determining bail, the judge considers the nature of the theft, the value of the stolen property, any prior criminal history, and the accused’s ties to the community.

Arraignment for Theft Charges

At the arraignment, the person formally hears the theft charges and must enter a plea. The plea options are guilty, not guilty, or no contest. Pleading guilty admits to the theft, pleading not guilty denies the charges, and no contest means accepting the penalty without admitting guilt.

Discovery in Theft Cases

During the discovery phase, both the defense and the prosecution share the evidence they plan to present at trial. This can include surveillance footage, witness statements, and physical evidence related to the stolen property. In Florida, theft cases often hinge on the value of the stolen items, so both sides will focus on proving or disputing this value during discovery.

Pre-Trial Motions Specific to Theft

Before the trial, either side may file motions to address legal issues specific to the theft charges. These motions can include requests to dismiss the case, exclude certain evidence (like improperly obtained confessions or surveillance footage), or challenge the way the value of the stolen property was determined. The judge’s rulings on these motions can significantly affect the case.

Plea Bargaining in Theft Cases

In Florida, many theft cases are resolved through plea bargaining. Here, the defense and prosecution negotiate a deal to avoid going to trial. The accused might agree to plead guilty to a lesser theft charge or receive a reduced sentence. For example, a grand theft charge could be reduced to petit theft as part of a plea deal, which carries lighter penalties.

Trial for Theft Charges

If the case proceeds to trial, it is heard by a judge or jury. During the trial, the prosecution must prove that the accused committed theft beyond a reasonable doubt. The defense may argue that the accused did not intend to steal, that the property was taken by mistake, or that the value of the stolen items does not meet the threshold for the specific theft charge.

Sentencing for Theft

If found guilty, the person moves to the sentencing phase. Sentencing for theft in Florida is influenced by the value of the stolen property and the individual’s prior criminal history.

Appeals in Theft Cases

If the accused is convicted, they may appeal the decision to a higher court. The grounds for appeal are usually limited to legal errors made during the trial, such as improper admission of evidence or incorrect jury instructions. However, appealing a theft conviction is a complex process and is only available under certain circumstances.

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Collateral Consequences of a Theft Conviction

Employment Challenges

A theft conviction on one’s record can be a major hurdle in securing a job. Many employers conduct background checks, and a conviction for theft may lead to automatic disqualification for certain positions. Jobs that involve handling money, sensitive information, or goods are particularly difficult to obtain, as employers may view a theft conviction as a risk and a sign of dishonesty. Even in positions where such responsibilities are not central, the presence of a theft conviction can raise concerns about trustworthiness and reliability.

Housing Difficulties

Finding housing can become more complicated with a theft conviction. Landlords often perform background checks, and many are reluctant to rent to individuals with a criminal record. This can lead to limited housing options and might force individuals to live in less desirable areas or face higher rent prices. In some cases, those with theft convictions might find it challenging to secure a lease at all.

Educational Barriers

Pursuing higher education may also be impacted by a theft conviction. Some educational institutions may deny admission to applicants with a criminal record. Additionally, students who are already enrolled and convicted of theft might lose scholarships, financial aid, or even face expulsion, depending on the school’s policies. This can disrupt educational plans and make it harder to achieve long-term goals.

Social and Family Strain

A theft conviction can lead to feelings of shame and isolation. Friends and family members might be less supportive or may distance themselves, particularly if the theft was committed against someone within the social circle. The emotional toll of these strained relationships can be significant, leading to stress and mental health challenges.

Civil Theft Lawsuits

Florida has a unique provision where victims of theft can pursue civil remedies in addition to criminal prosecution. Under Florida law, victims can file a civil lawsuit and potentially recover more than their actual damages, plus attorney’s fees. This process creates additional pressure on defendants, as they may face both criminal penalties and financial liabilities in civil court.

Professional Licenses and Certifications

For those in professions that require licenses or certifications, a theft conviction can be particularly damaging. Many licensing boards review criminal records as part of their approval process, and a theft conviction might lead to the denial, suspension, or revocation of a professional license. This can be especially impactful for careers in healthcare, law, finance, and other fields where ethics and trust are paramount.

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What Are Potential Non-Jail Alternatives for Theft?

• Probation: Under Florida law, probation allows a person convicted of theft to serve their sentence outside of jail under specific conditions, such as regular meetings with a probation officer.
• Pretrial Intervention Program: First-time offenders charged with non-violent theft crimes may qualify for a pretrial intervention program. Completion of this program can result in the charges being dropped.
• Restitution: Restitution requires the person convicted of theft to pay back the victim for their losses.
• Deferred Prosecution Agreement: For eligible cases, the prosecutor may agree to defer prosecution in exchange for the defendant completing certain conditions, such as counseling or community service.
• House Arrest: House arrest allows a person to serve their sentence at home under strict monitoring, often with an electronic ankle monitor.

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Can a Theft Lawyer Defend Me?

1. Explaining the Legal Process: The legal system can be confusing and overwhelming, especially if this is your first time dealing with it. A theft defense lawyer will walk you through each step of the process, explaining what’s happening and what to expect next.
2. Communicating with the Court and Prosecutors: Your lawyer will handle all communication with the court and the prosecution on your behalf. This includes filing paperwork, responding to legal motions, and negotiating with the prosecution. They know the language of the courtroom and can effectively communicate your position.
3. Protecting Your Rights: Your lawyer’s job is to make sure your rights are protected throughout the legal process. They will keep an eye on whether the police followed proper procedures during your arrest and investigation, and they will challenge any evidence that was obtained illegally.
4. Gathering and Examining Evidence: A key part of building your defense involves gathering evidence that supports your case. Your lawyer will work to collect relevant information, including witness statements, surveillance footage, and any other materials that could help challenge the prosecution’s case against you.
5. Advising You on Your Options: Theft charges can come with serious consequences, and it’s important to understand all your options. Your lawyer will explain the potential outcomes of your case, including the risks and benefits of going to trial versus accepting a plea deal or a diversion program.
6. Negotiating Plea Deals: If it makes sense for your situation, your lawyer can negotiate with the prosecution to try to reduce your charges or penalties. This might involve agreeing to a plea deal, where you might plead guilty to a lesser charge in exchange for a lighter sentence.
7. Preparing You for Court: If your case goes to trial, your theft attorney will prepare you for what’s to come. This includes helping you understand how to present yourself, what questions you might be asked, and how to respond.
8. Advocating for You in Court: Should your case go to trial, your lawyer will represent you in court, making arguments on your behalf, questioning witnesses, and working to create reasonable doubt about your guilt.
9. Supporting You Through a Difficult Time: Facing theft charges can be stressful and scary. Having a lawyer by your side gives you someone to lean on during this challenging time. They will offer you guidance, support, and reassurance throughout the legal process.

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Additional Resources

Florida Statutes Chapter 812 – This is Florida law on theft, robbery, and related crimes in Florida. It outlines various offenses such as grand theft, robbery, and carjacking. The law also covers the penalties for these offenses, including reclassification for certain crimes committed against individuals 65 years or older.