Theft Charges in Florida

The crime of Theft involves the taking of another person’s property.

Florida divides the crime of Theft into two categories and then further separates them by degree:

• Petit Theft
  • Petit Theft of the First Degree
  • Petit Theft of the Second Degree
• Grand Theft
  • Grand Theft of the First Degree
  • Grand Theft of the Second Degree
  • Grand Theft of the Third Degree

Definition of Theft

The crime of Theft involves the taking of another person’s property with the intent to either temporarily or permanently:

• Deprive the person of a right to the property or benefit the property provides; or
• Appropriates the property for personal use or for the use of another person not entitled to the use of the property.

Penalties for Theft

The penalties for the crime of theft depend on either the value of the property taken or on the type of property taken.

Generally though, Grand Theft involves the taking of property valued at more than $300 and is punishable as a felony; additionally, the degree of the felony increases as the value of the property taken increases.

Petit Theft involves the taking of property valued less than $300 and is punishable as a misdemeanor.

Statute of Limitations for Theft

Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crimes of Petit Theft, Grand Theft, and Dealing in Stolen Property. This specific statute of limitations controls over the general statute of limitations otherwise applicable to all criminal cases under section 775.15.

As a result, a prosecution for even the most minor theft offense, such as Petit Theft, can be brought up to five years after being committed (and even longer in some cases). [1]

Defenses to Theft

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Theft are:

1. Equal Ownership
2. Good Faith Possession
3. Valueless Property
4. Voluntary Abandonment

Equal Ownership

A co-owner of property cannot be convicted of Theft for taking the property unless the complaining co-owner had a superior legal interest in the property. [2]

Good Faith Possession

Under Florida law, the crime of Petit Theft requires proof of a taking with the intent to steal. A person who takes possession of an item with the good faith belief in the right to the property lacks the requisite intent to commit theft. As a result, a well-founded belief in one’s right to allegedly stolen property constitutes a complete defense to the crime of Theft. [3]

Mere Presence

Under Florida law, mere presence at the scene of a crime, mere knowledge that an offense is being committed, or even a display of questionable behavior after the commission of a crime is insufficient, standing alone, to establish participation in the crime. [4]

As a result, if you are out with a friend who commits a theft, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the crime of Theft.

Valueless Property

Simply put, it is impossible to steal trash because Florida law only criminalizes the stealing of “property.”

Property is defined as “anything of value” and the value is the “the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” [5]

Thus if someone places something by the road, it has become trash that presumably has no value.

Voluntary Abandonment

It is a defense to the crime of Theft that a defendant abandoned the attempt to commit the theft under circumstances indicating a complete and voluntary renunciation of the criminal purpose. [6]

Involuntary Abandonment

While voluntary abandonment is a defense to the crime of Theft, involuntary abandonment is not a defense. The distinguishing characteristic between the two is the reason for abandoning the theft. [7]

A voluntary abandonment occurs when your conscious, unprompted by encountered circumstances, causes you to withdraw from the attempted theft.

On the other hand, an involuntary abandonment occurs when unanticipated circumstances (i.e. belief scheme discovered) causes a person to withdraw from the attempted theft.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Theft in Central Florida or the greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

1. Schuster v. State, 21 So. 3d 117, 118 (Fla. 5th DCA 2009)
2. Russ v. State, 830 So. 2d 268 (Fla. 1st DCA 2002)
3. Bartlett v. State, 765 So. 2d 799 (Fla. 1st DCA 2000)
4. Gabriel v. State, 254 So. 3d 558 (Fla. 4th DCA 2018)
5. Holloway v. State, 755 So. 2d 169 (Fla. 4th DCA 2000)
6. Longval v. State, 914 So. 2d 1098 (Fla. 4th DCA 2005)
7. Carroll v. State, 680 So. 2d 1065 (Fla. 3d DCA 1996)