How Are Florida Theft Penalties Determined?

The statute for theft, robbery, and related crimes in Florida is relatively broad, encompassing many different types of criminal acts. The specific offense of theft, which can be charged under Section 812.014 of the Florida Statutes, is an offense that can be charged for a wide range of theft-related offenses, from shoplifting to large-scale fraud schemes. The statute explains that “a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently,” either “deprive the other person of a right to the property or a benefit from the property,” or “appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

In general, penalties depend on the value of the item stolen or appropriated, but there are also other factors to consider, which our Tampa theft defense lawyers can explain in more detail.

Factors for Determining the Penalties for a Theft Offense in Florida

Under the Florida Statutes, there are various factors that can affect whether a person is facing misdemeanor or felony charges for theft, and the severity of those misdemeanor or felony charges. The following are all factors identified in the statute that impact how a theft offense is charged:

• Value of the property: This is the most obvious factor that impacts how a theft offense is charged and the severity of the penalty. If property is valued at under $750, it is charged as a misdemeanor. As soon as property is valued at $750 or more, then the person will be facing charges for grand theft, which is always charged as a felony. Lower-value grand theft charges (generally between $750 and $20,000 in value) may be charged as a felony of the third degree. Higher property values result in more serious felony charges, all the way up to a felony of the first degree.
• Type of property: The type of property can determine the severity of the charges in some cases. For example, if a person is accused of stealing a semitrailer deployed by law enforcement, emergency medical equipment, law enforcement equipment, and more. For certain types of property, a person can face more serious charges than they otherwise would have, such as facing felony charges of the second degree or first degree based on the type of property.
• Location of the property: When property is allegedly taken from specific locations, the severity of the charges can increase. For example, when property is allegedly stolen from a dwelling, if the property is valued at $40 or more, the person can face charges for a felony of the third degree. Or, for instance, if property is stolen during a riot or a state of emergency, then the person can face charges for a felony of the second degree.

Contact a Tampa Criminal Defense Lawyer for Assistance Building a Defense to the Theft Charges You Are Facing in Florida 

Given that the language of theft in Florida encompasses many different types of criminal acts that can be alleged and charged, it can be difficult to understand the penalties you may be facing if you are convicted of theft in the state. An experienced Tampa theft crimes defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can begin working with you today on your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html