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Theft Crimes in Florida

Under Florida law, larceny is another legal term for theft. Larceny is defined as the unlawful taking away of someone else's tangible property. Under Florida law, however, larceny is defined under the theft statute.

Theft encompasses a wide variety of criminal offenses under Florida law. Theft crimes may range from simple petit theft to first-degree felony robbery. The most common theft crime is a misdemeanor charge of shoplifting where the property stolen is valued at less than $300. Shoplifting can also be a felony offense if the value of the property is $300 or more. Most theft offenses are charged based on the value of the property stolen.

Little do most people know, theft crimes are considered crimes of dishonesty and can affect your ability to get certain jobs or licenses. The consequences of a conviction can last long after the criminal case is resolved.

Attorney for Theft Crimes in Miami, FL

Considering that there are multiple crimes that qualify as theft under Florida law, having an experienced criminal defense attorney who can explain which charges could affect you is invaluable. Call criminal defense attorney E.J Hubbs for more information on robbery, burglary, grand theft, or petit theft.

Call criminal defense attorney E.J Hubbs for more information about how to fight theft charges. E.J. Hubbs has offices in South Miami on Sunset Drive and in North Miami on 123rd Street. E.J. Hubbs takes theft cases throughout Miami-Dade County, in cities like Coral Gables, South Miami, Pinecrest, Dadeland, Kendall, The Crossings, and Palmetto Bay, Florida.

Call (305) 615-5945 now to schedule an appointment to speak one-on-one with attorney E.J Hubbs.


Different Kinds of Theft under Florida Law

Florida Chapter 812 defines the different kinds of theft offenses. The most common theft crimes include:


Elements of Theft under Fla. Stat. § 812.014

To prove theft under Florida Statute §812.014, the prosecutor must prove, beyond a reasonable doubt, the following:

  1. the defendant knowingly and unlawfully obtained, used or tried to obtain or use another person's property;
  2. the defendant did so with intent to, either temporarily or permanently, deprive the victim of the property or his or hers rights to it, or
  3. the defendant acted with the intent to appropriate the property to his or her own use, or to a person's use who was not entitled to it.

The value of the property stolen will determine whether the charge is a misdemeanor or felony.


Grand Theft in Miami, Florida

Grand theft is felony theft under Florida law. Misdemeanor theft is petit theft. Grand theft may be charged as third-degree, second-degree, or a first-degree felony. The most serious offense is first-degree felony theft.

First-Degree Felony Grand Theft

Stealing any one of the following items constitutes a first-degree felony:

Additionally, theft can be charged as a first-degree felony if the offender commits grand theft and in the course of committing the offense, the defendant does any of the following:

or

The punishment for a first-degree felony is up to thirty (30) years of prison (or probation) and up to $20,000 in fines.


Defenses to Theft Charges in Florida

One defense to theft charges prosecuted in Florida courts is good faith. Good faith is a valid defense if a jury finds that the defendant had an honest, good faith belief that he or she had the right to possess the allegedly stolen property, even a mistaken belief, then he or she is not guilty of theft. See Cliff Berry Inc., v. State, 116 So. 3d 394 (Fla. 3d. DCA 2012).


Additional Resources

Miami-Dade Police Department - Visit the Miami-Dade Police Department, specifically the Economic Crimes Bureau, for more information on organized schemes, special investigations for major frauds, and embezzlement in Miami, Florida.

Fla. Stat. § 812.014 - Visit Online Sunshine, the official website of the Florida Legislature for the full statutory language of theft. Also, find out the value of stolen property that constitutes petit theft versus grand theft.


Finding an Attorney for Theft Crimes in Miami-Dade County, Florida

Whether you or someone you know has been charged with a scheme to defraud or robbery, having an experienced criminal defense attorney to explain the difference between those crimes is imperative. Understanding your charges helps you understand the kind of attorney you need.

Call attorney E.J. Hubbs for more information about how to build a defense against theft charges. E.J. Hubbs takes cases for a variety of serious property crimes in Miami-Dade County and in surrounding cities of South Miami Heights, Cutler Bay, Princeton, Redland, Leisure City, Homestead, and Florida City, FL.

Call (305) 615-5945 now to schedule an appointment to speak one-on-one with attorney E.J Hubbs.


This article was last updated on Friday, June 9, 2017.

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