What happens if someone presses charges on you for theft? You do not have to prove your innocence. The state has to prove every element of the theft beyond a reasonable doubt, and a defense lawyer's job is to test whether it can. Whether this is a first charge or not, the team at Weinstein Legal Team can review the case. Matthew Shafran, partner and head of the criminal defense division, handles theft cases across South Florida.
A conviction for theft in Florida can have a lasting impact on your life. However, all hope is not lost if you are facing charges. There is help available to you no matter your circumstances. An experienced criminal defense attorney can gather evidence on your behalf and negotiate with the state attorney's office, which is the office that decides whether to reduce or drop a charge. Judges do not negotiate pleas.
How to Know You Have Been Charged with Theft
A theft charge does not always begin with handcuffs. Officers can arrest you, but under Fla. R. Crim. P. 3.125 they can also issue a notice to appear for a misdemeanor theft, and the state can file an information later and have the court issue a summons or a capias. Miranda warnings are not required at every arrest either. They are required before custodial questioning, so an officer who books you and asks nothing is not obliged to read them. Either way, contact a theft lawyer early. The right to stay silent and to have counsel present during custodial questioning comes from the Fifth Amendment, and once you clearly ask for a lawyer the questioning has to stop until one is there.
Once you are arrested and charged with theft, the courts must make you aware of the specific charge against you. Penalties for theft charges can range from misdemeanors to felonies and can carry significant prison time and hefty fines. At arraignment the court reads the information or indictment to you, or you waive the reading, and you enter a plea. Fla. R. Crim. P. 3.170 allows three: not guilty, guilty, or nolo contendere, which means no contest. Most defense lawyers file a written plea of not guilty and waive the appearance so the case can move on to discovery.
Fla. R. Crim. P. 3.130 requires a first appearance before a judge within 24 hours of arrest, and most people charged with theft are released on bond or on their own recognizance at that hearing. Some are not. These circumstances may include a violation of probation, the charge being a repeat offense, your inability to pay for bail, and more. If you have a loved one who is currently waiting on their arraignment from jail, contact Weinstein Legal Team today. Our team may be able to help and can advocate for your loved one's release.
What Does Florida Law Say About Theft?
Florida Statute s. 812.014(1) sets out the offense: "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: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property."
Whether the charge is a misdemeanor or a felony depends first on the value of the property, and the line is $750, not $1,000. Under Fla. Stat. s. 812.014, theft of property worth less than $100 is petit theft of the second degree, a second degree misdemeanor under s. 812.014(3)(a). Property worth $100 or more but less than $750 is petit theft of the first degree, a first degree misdemeanor under s. 812.014(2)(f). At $750 the offense becomes grand theft of the third degree, a third degree felony under s. 812.014(2)(c)1., and it stays third degree up to $20,000. From $20,000 to under $100,000 it is grand theft of the second degree under s. 812.014(2)(b), and at $100,000 or more it is grand theft of the first degree under s. 812.014(2)(a). Value is not the only route to a felony: a theft committed during a riot or within a county under a declared state of emergency is reclassified upward regardless of value.
The kind of property matters as much as its value. Under Fla. Stat. s. 812.014(2)(c) it is grand theft of the third degree regardless of value to steal a will, codicil or other testamentary instrument, a firearm, a motor vehicle, a fire extinguisher that was installed in a building for fire prevention and control, a stop sign, anhydrous ammonia, or any amount of a controlled substance. Law enforcement equipment worth $300 or more taken from an authorized emergency vehicle, and emergency medical equipment worth $300 or more taken from a licensed facility, are grand theft of the second degree under s. 812.014(2)(b)4. and 3. Since ch. 2024-69 took effect on October 1, 2024, s. 812.014(2)(d)1. also makes it grand theft of the third degree to steal property worth as little as $40 from a dwelling or the unenclosed curtilage of a dwelling, which is the provision that covers package theft from a porch.
A theft that happens alongside another offense usually brings a separate charge rather than an upgraded one. If force, violence, assault or putting the victim in fear is used in the taking, the offense becomes robbery under Fla. Stat. s. 812.13. Entering a structure or conveyance to commit the theft is burglary under s. 810.02, which is the charge Florida uses in place of the common law term breaking and entering.
Sentencing for Theft Charges in Florida
The maximum sentence follows the grade of the charge. Under Fla. Stat. s. 775.082 and s. 775.083, a second degree misdemeanor carries up to 60 days in jail and a fine of up to $500, a first degree misdemeanor up to one year and $1,000, a third degree felony up to five years and $5,000, a second degree felony up to 15 years and $10,000, and a first degree felony up to 30 years and $10,000. Where a case lands within that range depends on the facts and on the sentencing scoresheet.
Additionally, the courts will consider factors such as whether or not this is your first offense as well as the circumstances surrounding the rest of your criminal history, whether anyone was physically harmed in the process of the crime, and more.
Possible sentencing consequences for theft charges include jail or prison time, court fees and fines, a mandate to complete community service or a drug and alcohol rehabilitation program if the courts believe substance abuse problems may have played a role in the theft. A theft conviction will remain on your permanent criminal record and a felony conviction will have far-reaching consequences for many years to come.
If you are wondering what happens if someone presses charges on you for theft, contact a criminal defense attorney such as Matt Shafran at Weinstein Legal Team today. There are many factors that can impact the severity of your charges as well as possible sentencing. Do not face the courts alone, there is help available to you.
How a Theft Defense Attorney Can Help
If you are looking for answers regarding what happens if someone presses charges on you for theft, contact Weinstein Legal Team today and ask for criminal defense attorney Matt Shafran. Our team will provide you with a free case evaluation with absolutely no obligation to review the facts surrounding your case.
The team at Weinstein Legal Team works with subject matter experts and private investigators to build a defense, and starts on the first day. The burden of proof never shifts to you.
Should you find yourself facing theft charges in Florida, do not wait. Contact the team at Weinstein Legal Team today. There is never a time when your call will go unanswered and you will have access to your attorney around-the-clock. Criminal defense lawyer Matthew Shafran represents people facing theft charges in Florida.
Whether you are a repeat offender or this is your first brush with the law, Weinstein Legal Team is here for you. Mr. Shafran represents people facing both misdemeanor and felony theft charges. Outcomes turn on the facts of each case, and past results do not guarantee a similar outcome in a future case. A theft conviction can have lasting effects on your life, landing you in jail, costing you employment opportunities, and more. There is legal help available to you when you call Weinstein Legal Team. Call 954-845-0505 and ask for Matt Shafran.
