How A Skilled Florida Theft Defense Attorney Can Challenge The Evidence, Protect Your Rights, And Seek Dismissal Or Reduction Of Your Charges
Understanding theft charges in Florida
As a Florida Theft Defense Attorney, I’ve seen how a single accusation of theft can turn someone’s world upside down. Whether the charge involves shoplifting, employee theft, or a misunderstanding over property ownership, the stakes are serious. Florida law defines theft broadly, and even a small mistake can lead to criminal penalties that follow you for life.
Under Florida Statute §812.014, theft occurs when a person “knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or a benefit from the property, or to appropriate the property to his or her own use or to the use of any person not entitled to it.”
This single statute covers everything from minor shoplifting to high-value property crimes. The charge’s severity depends on the value of the property, the type of property, and any prior convictions.
I often tell clients that theft is not always about money. It’s about intent. The state must prove you intended to take property that wasn’t yours. Many cases I handle involve misunderstandings, confusion, or false accusations that never should have resulted in an arrest.
Florida Statute §812.014 – Text of the law
812.014 Theft.—
(1) 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, or
(b) Appropriate the property to his or her own use or to the use of any person not entitled to it.
(2) A person who commits theft of property valued at:
(a) $100,000 or more commits grand theft in the first degree, a felony of the first degree;
(b) $20,000 or more but less than $100,000 commits grand theft in the second degree, a felony of the second degree;
(c) $750 or more but less than $20,000 commits grand theft in the third degree, a felony of the third degree;
(3) Property valued at less than $750 constitutes petit theft, a misdemeanor offense.
How theft is classified in Florida
Florida classifies theft offenses primarily by the value of the property involved:
- Petit theft, second degree: Property valued under $100, punishable by up to 60 days in jail and a $500 fine.
- Petit theft, first degree: Property valued between $100 and $749, punishable by up to one year in jail and a $1,000 fine.
- Grand theft, third degree: Property valued between $750 and $19,999, punishable by up to five years in prison and a $5,000 fine.
- Grand theft, second degree: Property valued between $20,000 and $99,999, punishable by up to 15 years in prison.
- Grand theft, first degree: Property valued at $100,000 or more, punishable by up to 30 years in prison.
It’s important to remember that certain items automatically elevate the charge to grand theft even if they are low in value. Examples include firearms, motor vehicles, controlled substances, or law enforcement equipment.
How theft accusations often occur
Theft allegations can arise in many forms—shoplifting, failing to return rented property, employee embezzlement, or even an argument over ownership. In many cases, I handle, the accused never intended to steal.
For example, I once defended a single mother accused of theft at a grocery store in Fort Myers. She had paid for most of her items, but a small child’s toy under the cart wasn’t scanned. Store security detained her and called the police, resulting in a misdemeanor charge. I gathered surveillance footage and receipts showing she paid for everything else and cooperated fully. The prosecutor agreed to dismiss the charge after a short diversion program.
That case demonstrates how easy it is for a simple oversight to become a criminal accusation—and how a prompt, well-prepared defense can make the difference between dismissal and a conviction that could haunt someone for years.
Why intent matters
Intent is the core of every theft case. The prosecution must prove beyond a reasonable doubt that you intended to deprive the rightful owner of property. Without clear intent, there is no theft.
Many theft arrests stem from misunderstandings: an item left in a cart, a mis-scanned barcode, or confusion in a shared workspace. I have successfully challenged theft charges by showing that my client lacked the criminal intent required by§812.014.
Private attorneys play a vital role in developing these defenses early. Unlike public defenders who are often overloaded, I can dedicate the time necessary to review every second of video footage, interview witnesses, and obtain store or employment records that may clear your name before trial.
Common defenses in Florida theft cases
As a Florida Theft Defense Attorney, I evaluate each case to determine which defenses apply, such as:
- Lack of intent: You did not intend to steal or permanently deprive the owner of property.
- Mistaken identity: You were misidentified by a witness or store camera.
- Ownership or right of possession: You believed you had a right to the property.
- Consent: The owner gave permission for you to use or borrow the item.
- Value dispute: The item’s value was incorrectly calculated, affecting the charge’s severity.
- Unlawful search or seizure: Police violated your constitutional rights during arrest or investigation.
When we find weaknesses in the prosecution’s case, we can push for dismissal or negotiate a reduction to a non-criminal infraction, helping you avoid a damaging record.
The importance of a private defense attorney
Having private representation can mean the difference between a conviction and a clean record. Theft charges may seem minor, but they are considered crimes of dishonesty, which employers, licensing boards, and landlords take seriously. Even a misdemeanor conviction can impact your ability to obtain employment, housing, or professional licenses.
A private attorney can intervene before the case is formally filed, contacting the prosecutor’s office to present exculpatory evidence or negotiate pretrial diversion. Early action often prevents felony filings or leads to case dismissal.
I take pride in personally handling every case, from initial consultation to courtroom argument, ensuring that my client’s side is heard clearly and forcefully.
How theft charges affect your criminal record
A theft conviction can never be sealed or expunged if you are adjudicated guilty. That means the record is permanent. Employers performing background checks will see it indefinitely.
However, if your case is dismissed or you receive a withhold of adjudication, you may be eligible to seal or expunge the record under Florida Statute §943.0585. This process can restore your privacy and help you move forward. I often advise clients to pursue this step immediately after resolution to protect their future opportunities.
Additional Florida statutes relevant to theft
- §812.015 – Retail Theft: Covers shoplifting and organized retail theft rings.
- §812.0145 – Theft From Elderly or Disabled Adults: Increases penalties if the victim is vulnerable.
- §812.019 – Dealing in Stolen Property: Makes it a second-degree felony to sell or traffic stolen goods.
- §775.084 – Habitual Felony Offenders: Allows enhanced sentencing for repeat offenders.
These statutes demonstrate how theft-related conduct can escalate quickly. Even minor cases can be prosecuted aggressively if the state believes there’s a pattern of conduct or vulnerable victims.
How penalties can escalate
In Florida, penalties increase for repeat offenses. A second conviction for petit theft can result in a driver’s license suspension for up to six months. A third offense can be charged as a felony, even if the property value is small.
That’s why it’s critical to fight every charge, no matter how minor it seems. Letting a first offense go uncontested can expose you to harsher penalties later.
Why early legal intervention is critical
When someone contacts me immediately after an arrest, I can often intervene before formal charges are filed. By gathering receipts, contacting witnesses, and reviewing police reports, I sometimes persuade prosecutors not to move forward.
If charges are filed, I focus on building leverage for dismissal or reduced penalties through motions to suppress evidence or pretrial diversion.
Time is crucial, and waiting until your first court appearance can limit your options. Early representation is your best opportunity to protect your future.
Real case example
One client I represented in Miami was charged with grand theft in the third degree for allegedly stealing electronics from his employer, valued at around $2,500. The client insisted he was framed by a coworker after a workplace dispute. I obtained surveillance footage and phone records showing that my client wasn’t present when the items disappeared.
After confronting the prosecutor with the evidence, the state dropped the felony charges entirely. My client was later able to have the record expunged and continue working in his profession without restriction.
That case illustrates how proper investigation and persistence can expose false allegations and save careers.
Long-term consequences of a theft conviction
The penalties for theft go beyond fines or jail time. A conviction can:
- Damage your professional reputation
- Disqualify you from certain occupations
- Affect immigration status for non-citizens
- Prevent firearm ownership
- Restrict travel to other countries
A theft conviction tells future employers and agencies that you cannot be trusted with property or finances. That’s why fighting these charges is not just about avoiding jail, but about protecting your future.
Florida Theft Defense Frequently Asked Questions
What should I do if I’m accused of theft in Florida?
Do not discuss the allegations with anyone but your attorney. Statements to police or store security can be used against you. Contact a Florida Theft Defense Attorney immediately to review your case and preserve evidence that could prove your innocence.
Can theft charges be dropped before court?
Yes. In many cases, charges can be dropped if your attorney provides evidence showing a lack of intent or ownership disputes. Early legal representation allows negotiation with prosecutors before formal charges are filed, increasing the chance of dismissal.
Will I go to jail for a first-time theft offense?
Not necessarily. First-time offenders may qualify for diversion programs or probation. A skilled attorney can argue for alternative sentencing, such as community service, rather than jail.
Can a theft conviction be expunged?
Only if the case is dismissed or adjudication is withheld. A formal conviction cannot be removed from your record. A Florida Theft Defense Attorney can determine if sealing or expungement applies in your situation.
Is shoplifting always considered theft under Florida law?
Yes, shoplifting falls under Florida’s theft statute. However, value and circumstances determine whether it’s petit theft or grand theft. Even taking an item worth a few dollars can lead to arrest if the intent to steal is alleged.
Can I be charged with theft for borrowing property?
If you had the owner’s permission or intended to return the property, your attorney can argue that there was no intent to permanently deprive the owner. This defense is often successful when supported by text messages, witnesses, or receipts.
How can a Florida Theft Defense Attorney help me?
A private attorney can thoroughly investigate the evidence, challenge the value or intent claimed by the prosecution, and negotiate directly for dismissal or reduced penalties. Every case has unique facts, and personalized attention is key to achieving the best possible outcome.
Call Musca Law for your free consultation with our Florida Theft Defense Attorney
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A., has a team of experienced criminal defense attorneys dedicated to defending people charged with theft and other criminal offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation.
We proudly serve clients across Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and throughout the Florida Panhandle.
If you or a loved one has been accused of theft, don’t wait. The sooner we begin your defense, the greater your chances of dismissal, reduction, or acquittal. Protect your rights, your reputation, and your future by calling Musca Law today.