Theft Crimes Attorney in Orlando

Florida Theft Charges & Penalties

Florida Statute 812.014 defines theft as knowingly obtaining or using another person’s property with intent to deprive them of it, whether temporarily or permanently. The severity of the charge depends primarily on the value of the property involved.

Petit Theft Penalties

Petit theft applies to property valued under $750. Property valued under $100 is a second-degree misdemeanor, carrying up to 60 days in jail and a $500 fine. Property valued between $100 and $749 is a first-degree misdemeanor, with up to one year in jail and a $1,000 fine. A third petit theft conviction, regardless of the value involved in the third offense, is automatically upgraded to a third-degree felony under Florida law.

Grand Theft Penalties

Grand theft begins at $750. The tiers are:

• Third-degree felony: $750 to $19,999, up to 5 years in prison and a $5,000 fine
• Second-degree felony: $20,000 to $99,999, up to 15 years in prison and a $10,000 fine
• First-degree felony: $100,000 or more, up to 30 years in prison and a $10,000 fine

Florida’s $750 grand theft threshold is among the lowest in the country, meaning a single mid-range consumer item can produce a felony charge. Certain property types trigger grand theft regardless of dollar value: firearms, motor vehicles, controlled substances, and property taken directly from a person.

Retail Theft & Civil Exposure

Retail theft carries its own civil exposure. Under Florida Statute 772.11, a merchant may pursue a civil claim for threefold the actual damages sustained, with minimum damages of $200, plus reasonable attorney’s fees and court costs. Civil demand letters are separate from the criminal case. Don’t respond to one without first consulting a defense attorney.

Theft Defense Strategies in Orange County Cases

Theft is a specific intent crime in Florida. The prosecution must prove the defendant knowingly obtained property intending to deprive the owner of it. That intent requirement opens several lines of defense depending on the facts of the case.

Challenging Property Value

Florida law requires property value to be measured by fair market value at the time and place of the offense, not retail price or replacement cost. When the prosecution’s valuation is inflated or unsupported, the charge tier may be reduced from a felony to a misdemeanor, which can eliminate state prison exposure.

Lack of Intent

Evidence of mistake, accident, or a good-faith belief of ownership can negate the intent element. A claim of right defense applies when the defendant had a genuine belief they had an ownership or possessory interest in the property, even if that belief was mistaken.

Unlawful Stop or Detention

In retail theft cases, the circumstances of the detention and any search that followed are subject to constitutional review. The shopkeeper’s privilege under Florida Statute 812.015(3) permits a merchant to detain a suspected shoplifter for a reasonable time, but the detention must be reasonable in time, manner, and place. Evidence obtained through an unlawful detention or coerced confession may be suppressible.

Concealment Timing

In shoplifting cases, concealing merchandise inside a store doesn’t constitute theft until the defendant passes the last point of sale with intent to leave without paying. Where that element is in dispute, the charge may not hold.

Collateral Consequences & Paths to Record Relief

A theft conviction is treated as a crime of moral turpitude and a crime of dishonesty under Florida and federal law. That classification can trigger employment background check failures, rejection for housing applications, and adverse immigration consequences including deportation or inadmissibility for non-citizens. Professional licensing boards may deny or revoke licenses based on theft convictions, including misdemeanor offenses.

Several paths to avoiding or minimizing a conviction may be available depending on the case and the defendant’s history:

• Pretrial diversion: The Orange County State Attorney’s Office offers pretrial diversion for eligible first-time petit theft offenders. Completion of community service, a theft awareness class, and restitution can result in dismissal of the charge, which may then be eligible for expungement under Florida Statute 943.0585.
• Withhold of adjudication: A withhold prevents a formal conviction and preserves eligibility for record sealing under Florida Statute 943.059. Many employers and licensing boards treat a withhold differently from a conviction.
• Charge reduction: Negotiating a felony grand theft charge down to misdemeanor petit theft may be possible in many cases, particularly when the value of the property is near the $750 threshold and the prosecution’s evidence of value is debatable.

How Theft Cases Move Through Orange County Courts

Petit theft cases are heard in County Court. Grand theft cases are heard in Circuit Court as part of the Ninth Judicial Circuit, with proceedings at the Orange County Courthouse in Orlando. The path through the system depends on the charge level, the defendant’s history, and the strength of the evidence.

First-time petit theft defendants may be offered pretrial diversion through the Orange County State Attorney’s Office before the case proceeds further. Defendants who don’t qualify for diversion or decline it move through arraignment, pretrial conferences, and potentially trial. In grand theft cases, discovery may include surveillance footage, inventory records, forensic accounting in embezzlement matters, and digital evidence.

Orange County prosecutors handle high volumes of theft cases and may be willing to negotiate, particularly for first-time offenders. That willingness depends significantly on the strength of the defense presented. A theft lawyer in Orlando who reviews the evidence early, identifies weaknesses, and enters negotiations from a position of preparation can change the dynamic of that conversation.