What are Theft Crime Penalties in Florida? Fort Lauderdale Criminal Defense Attorney Explains

What are Theft Crime Penalties in Florida? Fort Lauderdale Criminal Defense Attorney Explains

First of all: What is a Theft Crime in South Florida?

Theft is defined as intentionally stealing or attempting to steal an item that does not belong to you.

The legal definition of theft is when a person: Purposefully acquires or uses, or attempts to acquire or to use, the property of another with the intention of temporarily or permanently:

1. Preventing the other person from a right to the property or a utility from the property.

OR

2. Seize the item for their own use or to the use of anyone else who does not have the right to the use of the item, as stated by the Florida Statute 812.014.

An important thing to remember is that theft charges are based on how much the stolen items are worth. The charge is not based on what your actions were. This is where Florida Theft charges can have life altering consequences.

COMMON THEFT CRIMES & THEFT CRIME PENALTIES IN SOUTH FLORIDA  

There are a wide variety of theft crimes and unique classifications.

Theft crimes are categorized by the value of the item that was attempted to be stolen or was stolen. There are different penalties and fines for each different theft crime depending on the severity of the theft.

Keep reading to learn more information about petit theft, grand theft, employee theft, dealing in stolen property, failing to return leased property, insurance fraud, giving false information to a pawnbroker, and being in possession of an anti-shoplifting device.  Learn more about what these crimes are and what penalties you could face if you are convicted of any of these crimes in Florida.

Petit theft

Petit theft is when someone knowingly steals or attempts to steal, something that doesn’t belong to them that is valued up to $750.

• Minimum & Maximum Penalty for Petit Theft in Florida
• Petit theft is a second-degree misdemeanor with up to 6 months of jail or probation.
• If petit theft occurs for the second time, it is charged as a first-degree misdemeanor and results in possibly 1 year of jail time or probation.

Grand theft

Grand theft is when someone knowingly steals or attempts to steal, something that doesn’t belong to them that is valued more than $750.

• Minimum & Maximum Penalty for Grand Theft in Florida
• Grand theft is a first-degree felony with up to 30 years in prison in Florida possible.

Employee Theft

Employee Theft in Florida is very similar to petit theft and grand theft. They all are defined as unlawfully taking money or property from an employer with the intent to permanently deprive them of their money or property.

• Minimum & Maximum Penalty for Employee Theft in Florida
• If the theft is over $300 but under $20,000, it is a third-degree felony with up to 5 years in prison or probation time.
• If the theft is over $20,000 but under $100,000, it is charged as a second-degree felony with 15 years in prison or probation time.
• If the theft is $100,000 or more, it is considered a first-degree felony with 30 years in prison or probation time possible.

Dealing in Stolen Property

Dealing in stolen property in Florida is defined as someone who traffics in, or attempts to traffic in, property that they know or should know was stolen.

• Minimum & Maximum Penalty for Dealing in Stolen Property in Florida
• This is charged as a second-degree felony with up to 15 years of prison time or probation.

Failure to Return Leased Property

Failure to Return Leased or Rented Property in Florida occurs where a defendant knowingly refuses to return the personal property back to the owner/victim at the conclusion of a lease or rental period.

• Minimum & Maximum Penalty for Failing to Return Leased Property in Florida
• If the property is worth less than $300, it is charged as a second-degree misdemeanor with up to 6 months of probation or 60 days in jail.
• If the property is worth over $300, it is considered a third-degree felony where the charged faces up to 5 years of prison or probation time.

Insurance Fraud

Insurance fraud in Florida occurs when a person makes false insurance claims in order to obtain compensation or benefits to which they do not qualify for.

• Minimum & Maximum Penalty for Insurance Fraud in Florida
• The consequence of soft fraud is a minimum jail sentence of 1 year.
• The consequence of hard fraud is facing up to 30 years in prison.

Giving False Information to a Pawnbroker 

Giving False Information or Verification to a Pawnbroker in Florida occurs where a defendant knowingly and falsely verifies that he or she is the rightful owner of the property in order to pawn the property and receive money in exchange.

• Minimum & Maximum Penalty for Giving False Information to a Pawnbroker in Florida
• If the transaction is under $300, it is considered a third-degree felony in Florida with up to 5 years in prison possible.
• If the transaction is above $300, it is considered a second-degree felony in Florida with up to 15 years in prison possible.

Possession of an anti-shoplifting device 

Possession of an anti-shoplifting device in Florida is a third-degree felony. An anti-shoplifting or inventory control device is a device intended for the purpose of removing something from an item in an establishment that sells goods with specially marked or tagged merchandise.

• Minimum & Maximum Penalty for Possessing an Anti-Shoplifting Device in Florida
• This theft is charged as a third-degree felony with up to 5 years in prison possible.

FINES & FEES ASSOCIATED WITH THEFT CRIME CONVICTIONS IN FLORIDA

Petit theft

• Those charged with petit theft face a fine of up to $500.
• If this theft occurs for the second time, the accused faces up to a $1,000 fine

Grand theft

• Grand theft results in a possible maximum fine of $10,000.

Employee Theft

• If the theft is over $300 dollars but under $20,000, there is a fine of up to $5,000.
• If the theft is over $20,000 but under $100,000, the accused faces a fine of $10,000. If the theft is $100,000 or more, there is a fine of up to $10,000.

Dealing in Stolen Property

• A stolen property charge can come with up to a $10,000 fine.

Failure to Return Leased Property

• If the property is worth less than $300, the accused pays a fine of up to $500.
• If the property is worth more than $300, there is up to a $5,000 fine

Insurance Fraud

• The consequence of soft fraud (exaggerating damage) is a minimum fine of $5,000.
• The consequence of hard fraud (making up completely false information) $50,000 in fines.

Giving False Information to a Pawnbroker 

• If the transaction is under $300, there is up to a  $5,000 fine possible .
• If the transaction is above $300, the fine could be up to $10,000.

Possession of an anti-shoplifting device 

• This theft results in a fine of up to $5,000.

CONCLUSION

To conclude, Florida theft crimes can have a wide range of penalties and fines. This is one of the many reasons why you need a great criminal defense attorney on your side to protect your rights and your future. .

If you find yourself in trouble, call us to schedule a free strategy session – we’ll take the time to listen to your story and come up with a defense strategy in the very first meeting.

One mistake should not define the rest of your life – we can help ensure that it doesn’t.

We take the time and effort to fight for your rights and to provide the best legal support.

Call any of our offices to schedule a free consultation :

Fort Lauderdale: 754-206-6200

Sunrise: 754-999-2499

Boca Raton: 561-880-8181

Related: Learn more about Theft conviction penalties in Florida as well as theft diversion programs and theft charge expungement options in Florida.

HOW ROSSEN LAW FIRM WINS THEFT CASES IN SOUTH FLORIDA

• Learn how we fought for two years to get a Felony Grand Theft Auto charge DROPPED in Davie, Florida.
• Learn how Rossen Law Firm got a Petit Theft charge DROPPED and criminal record expunged in Plantation, Florida.