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Theft Charges

Theft, or crimes involving the wrongful obtaining of property, is often underestimated in terms of how serious the situation can be. In reality, theft charges can lead to harsh penalties and life-long consequences. If you’re being investigated for theft, it’s time to get an experienced theft charges defense lawyer on your side. Contact Will Hanlon with Hanlon Law in Kissimmee today to schedule a free consultation. 


What is Theft?


Theft is defined by Florida Statute 812.014 as knowingly obtaining and/or using (or endeavoring to obtain and/or use) another person’s property without that person’s consent, either permanently or temporarily. 


“Obtaining and/or using” is further described as depriving the victim of their right to their property, depriving the victim of their right to benefit from their property, appropriating the victim’s property for your own use, and/or appropriating the victim’s property for the use of any person not entitled to it. 


It’s important to note the inclusion of the word “knowingly.” This means you must have intended to commit theft in order for the act to qualify as theft. For example, say you wrote a check, and that check bounced because you forgot about another withdrawal from that account. You did not intend to write a bad check, and were not intentionally trying to steal from the person receiving the check, which does not legally qualify as theft.


Common Types of Theft


Theft comes in many different shapes and sizes. It can be something as simple as shoplifting, or something as complicated as long-term embezzlement. Even something as innocent as writing a worthless check can count as theft if you do so knowingly and intentionally. 


Depending on the value of the property in question, theft charges are categorized as either ‘petit’ or ‘grand.’ Generally speaking, petit theft occurs when the property is valued at less than $750, and grand theft occurs when the property is valued at more than $750. 


What are the Consequences of Theft Charges? 


While the $750 mark separates petit theft from grand theft, and the actual value will determine what specific form of petit or grand theft you’re charged with, and subsequently, what you’ll be sentenced to. 


Second-Degree Petit Theft 


The property is valued under $100. Charged as a second-degree misdemeanor. Punishable by up to 60 days in jail (or up to 6 months of probation) and a $500 fine.


First-Degree Petit Theft


The property is valued between $100 and $750. Charged as a first-degree misdemeanor. Punishable by up to 12 months in jail (or up to 12 months of probation) and a $1,000 fine. 


Felony Petit Theft


Property is valued under $750, and the perpetrator has 2 or more prior theft convictions. Charged as a third-degree felony. Punishable by up to 5 years in prison (or up to 5 years of probation) and a $5,000 fine. 


Third-Degree Grand Theft


Property is valued between $750 and $20,000. Charged as a third-degree felony. Punishable by up to 5 years in prison (or up to 5 years of probation) and a $5,000 fine. 


A theft may also be considered third-degree grand theft if the value of the stolen property is less than $750, but the stolen property is:


  • A will, codicil, or other testamentary instrument
  • A firearm
  • A motor vehicle
  • Any commercially farmed animal
  • Any fire extinguisher
  • 2,000 or more individual pieces of citrus fruit
  • Any stop sign
  • A controlled substance above a certain amount
  • Taken from a designated construction site (if that construction site is property identified by posted sign)
  • Taken from a dwelling or enclosed curtilage of a dwelling

Second-Degree Grand Theft 


The property in question is valued between $20,000 and $100,000. Charged as a second-degree felony. Punishable by up to 15 years in prison (or up to 15 years of probation) and a $10,000 fine. 


A theft may also be considered second-degree grand theft if the property in question is:


  • Cargo that has “entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock” (so long as that cargo is valued at less than $50,000)
  • Emergency medical equipment taken from a licensed facility, aircraft, or vehicle (so long as the equipment is valued at $300 or more)
  • Law enforcement equipment taken from an authorized emergency vehicle (so long as that equipment is valued at $300 or more)

First-Degree Grand Theft 


Property in question is valued at $100,000 or more. Charged as a first-degree felony. Punishable by up to 30 years in prison (or up to 30 years of probation) and a fine of $10,000. 


A theft may also be considered a first-degree theft if the property in question is:


  • A semitrailer deployed by a law enforcement officer
  • Cargo that has “entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock” (so long as that cargo is valued at $50,000 or more)


Any grand theft may be considered first-degree grand theft if the offender caused more than $1,000 in damages to any real property of another, or if the offender used a motor vehicle during the crime that caused damage to real property of any amount. 


Kissimmee Criminal Defense Lawyers 


Despite such severe consequences, all hope is not lost. There are plenty of possible defense strategies to take against theft charges, including things like a lack of intent to steal, extenuating circumstances that necessitated the theft, or even renunciation/abandonment, meaning you willingly abandoned and renounced the theft before actually completing it. With these and many other choices, it’s vital to have an experienced defense attorney to help advise you through the process. 


Will Hanlon with Hanlon Law has nearly two decades of experience in the courtroom. The entire Hanlon team will work tirelessly on your behalf to help you secure the best possible outcome. Don’t wait; contact Will Hanlon at Hanlon Law today in Kissimmee to schedule a free consultation.

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