West Palm
Beach Theft
Attorney
A theft charge in Florida can carry consequences far beyond what most people expect. Depending on the value of the property involved, what begins as a misdemeanor can quickly become a felony, resulting in prison time, heavy fines, and a permanent record that affects your employment, housing, and reputation for years to come.
If you have been charged with theft in South Florida, do not delay. Call Jeacoma Law today for a confidential consultation.
24/7
Emergency line
Free
Consultation
500+
Criminal Cases Defended
- Theft in Florida
How Florida Defines Theft
Under § 812.014, Fla. Stat., a person commits theft when they knowingly obtain or use, or endeavor to obtain or use, the property of another with the intent, either temporarily or permanently, to deprive the other person of a right to or benefit from the property, or to appropriate it to their own use or to the use of someone not entitled to it.
That definition is broad. You do not have to leave a store with merchandise in your pocket. An attempt is enough. The charge does not require that the property actually change hands.
How Theft Is Classified in Florida
- Petit Theft, Second Degree: A second-degree misdemeanor for property valued at less than $100. It carries up to 60 days in jail and a $500 fine.
- Petit Theft, First Degree: A first-degree misdemeanor for property valued at $100 or more but less than $750. It carries up to one year in jail and a $1,000 fine.
- Grand Theft, Third Degree: A third-degree felony for property valued at $750 or more but less than $20,000. It also applies to specific categories of property regardless of value, including a firearm, a motor vehicle, a will, a stop sign, any amount of a controlled substance, and commercially farmed animals. It carries up to five years in prison and a $5,000 fine.
- Grand Theft, Second Degree: A second-degree felony for property valued at $20,000 or more but less than $100,000. It carries a maximum of fifteen years in prison and a $10,000 fine.
- Grand Theft, First Degree: A first-degree felony applies to property valued at $100,000 or more, or to cargo valued at $50,000 or more. It also applies to any grand theft in which the offender causes more than $1,000 in damage to someone else’s property, or uses a motor vehicle as an instrument of the theft (other than merely as a getaway vehicle) and damages someone else’s real property. It carries up to thirty years in prison and a $10,000 fine.
Beyond the Dollar Amount
The property’s value is not the only factor that determines the charge. Florida law treats certain categories of property more seriously, regardless of value. Theft of a firearm, a motor vehicle, a will or other testamentary instrument, or any amount of a controlled substance is grand theft, no matter what it is worth. Theft of emergency medical equipment or law enforcement equipment valued at $300 or more is grand theft of the second degree. Theft committed during a riot or a declared state of emergency, when made easier by conditions arising from it, is reclassified to a higher degree, and a person arrested for it cannot be released until first appearance.
Florida also treats theft from a home more harshly. Taking property valued at $40 or more from a dwelling or its unenclosed curtilage, such as a porch or yard, is third-degree grand theft, a felony. Taking property valued at less than $40 from a dwelling remains a first-degree misdemeanor.
Prior theft convictions also matter. A petit theft by someone with any prior theft conviction is a first-degree misdemeanor, even if the property is worth less than $100. With two or more prior theft convictions, any new petit theft is a third-degree felony.
Common Defenses
Diversion and Protecting Your Record
For many clients, the goal isn’t just to avoid jail. It is to keep a theft conviction off your record entirely.
First offenders, and people with no more than one prior nonviolent misdemeanor, who are charged with a misdemeanor or third-degree felony may be eligible for pretrial intervention under § 948.08(2), Fla. Stat. The program requires the consent of the State Attorney, the judge, and the victim, and successful completion leads to dismissal of the charges.
Even when a case is not dismissed, a withhold of adjudication on a theft charge can often be sealed if you are otherwise eligible. Your path depends on your record and how the case is handled from the start.
Andrew Jeacoma evaluates every theft case for diversion and sealing eligibility during the first consultation and builds the defense to protect your record. Call (561) 603-2203 to find out where you stand.
What a Conviction Can Cost You
Beyond fines and jail time, a theft conviction carries collateral consequences that can outlast the sentence. Employers, landlords, and licensing boards treat theft convictions seriously, and some professions become difficult or impossible to enter.
Florida’s evidence code also treats theft as a crime of dishonesty. That means a theft conviction, even for petit theft, can be used to attack your credibility if you ever testify in court.
Talk to a Theft Defense Attorney
The value of what was taken should not determine how you approach the charge. A misdemeanor theft conviction remains a theft conviction and stays on your record. An attorney who gets involved early has more ways to end the case: a reduction, a diversion, or a dismissal.
Call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, and St. Lucie counties.
- Protect Your Future