Being charged with a theft crime in Florida can be overwhelming and confusing. Understanding the specific type of theft crime you’ve been accused of is the first step toward building a strong defense and protecting your future. Florida laws classify theft offenses into several categories, depending on factors like the value of the stolen property, the method of theft, and the circumstances under which it occurred.
If you’re facing theft charges, it’s critical to understand the legal definitions and potential consequences of these crimes. This article will provide an overview of the most common types of theft crimes in Florida, offering clarity and guidance to help you move forward.
What is Theft in Florida?
Under Florida law, theft is broadly defined as knowingly obtaining or using (or attempting to obtain or use) another person’s property with the intent to permanently or temporarily:
- Deprive the owner of their property.
- Appropriate the property for the offender’s own use or someone else's use.
The severity of theft charges depends on the nature of the offense and the value of the property involved. Below, we’ll explore the primary types of theft crimes in Florida.
1. Petit Theft
Petit theft refers to cases where the value of the stolen property is relatively low. This is often associated with minor theft offenses, but the consequences can still be serious.
- Petit Theft in the 2nd Degree: Occurs when the stolen property is valued at less than $100. This is classified as a second-degree misdemeanor, which may result in up to 60 days in jail and a fine of up to $500.
- Petit Theft in the 1st Degree: Applies when the value of the stolen property is between $100 and $749. This is a first-degree misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000.
It’s important to note that being convicted of multiple petit theft offenses can lead to enhanced charges and penalties.
2. Grand Theft
Grand theft involves stealing property of higher value or specific types of property, and it carries more severe penalties. Florida law breaks grand theft down into three degrees:
- Grand Theft in the 3rd Degree: This charge applies to property valued between $750 and $19,999, as well as items such as motor vehicles, firearms, and certain controlled substances. Third-degree felony penalties include up to 5 years in prison and a fine of up to $5,000.
- Grand Theft in the 2nd Degree: This applies to property worth between $20,000 and $99,999, or theft involving cargo valued less than $50,000 that is in transit. Second-degree felonies carry penalties of up to 15 years in prison and a fine of up to $10,000.
- Grand Theft in the 1st Degree: This is the most serious grand theft charge, applying to property worth $100,000 or more, or theft resulting in damage to property or injury. A first-degree felony is punishable by up to 30 years in prison and a fine of up to $10,000.
The value of the property involved plays a crucial role in determining which degree of grand theft is charged.
3. Retail Theft (Shoplifting)
Retail theft, commonly referred to as shoplifting, involves stealing merchandise from a store or altering/removing price tags with the intent to avoid payment. This crime can range from petit theft to grand theft, depending on the value of the stolen items.
Shoplifting charges can escalate based on prior convictions and value thresholds:
- Merchandise under $100 is typically charged as petit theft.
- Merchandise valued at $750 or more could result in a felony charge.
Retail theft can also lead to civil penalties, as store owners may seek compensation for damages.
4. Burglary vs. Theft
While burglary often overlaps with theft, it is a distinct crime in Florida. Burglary refers to unlawfully entering or remaining on someone else’s property with the intent to commit a crime inside, such as theft. Theft may occur during a burglary, but the act of entering unlawfully is the defining aspect of this crime.
Burglary is classified as a felony in Florida and may range from a third-degree felony (up to 5 years in prison) to a first-degree felony (up to life imprisonment), depending on whether the crime involved a weapon or resulted in injury.
Consequences of a Theft Conviction
A theft conviction in Florida can have long-lasting consequences, including:
- Jail or prison time, depending on the severity of the offense.
- Heavy fines and restitution payments to victims.
- A permanent criminal record that can impact future employment opportunities.
- Additional penalties in certain cases.
Given the potential stakes, it’s crucial to approach theft charges with the guidance of an experienced attorney.
What To Do if You’ve Been Charged with Theft in Florida
Being charged with theft does not mean you're guilty, nor does it mean your future is compromised. Every case is unique, and legal strategies vary based on the specifics of your situation. With the right legal representation and a good defense strategy, you can approach this challenge with confidence and a clear strategy.
At The Law Offices of Kate Mesic, P.A., we have a proven track record of successfully defending clients accused of theft crimes in Duval County. We fight aggressively on your behalf in order to accomplish the results you deserve. If you are facing theft-related charges in Florida, take the first step toward protecting your rights by consulting The Law Offices of Kate Mesic, P.A..
Contact us at (904) 615-8950 to schedule a free consultation with our Jacksonville theft crime attorney. Your future matters, and we’re here to help.