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Orlando Florida Criminal Lawyer - Theft Offenses:
Cases involving theft can range from misdemeanor to felony offenses, however,
even in misdemeanor cases the penalties can be severe, including jail and the
loss of your driving privileges if convicted. If you have been arrested for a
criminal offense involving theft you should speak with an experienced criminal
defense attorney at your earliest opportunity to learn about your rights and the
defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested for theft, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding theft offenses:
Theft is a violation of Florida Statute 812.014 and occurs when a person knowingly obtains or uses, or endeavors
to obtain or to use, the property of another with intent to, either temporarily or permanently: 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.
Petit Theft/Shoplifting is generally a 1st Degree Misdemeanor punishable by up to 1 year in the county jail if the
property stolen is valued at $100 or more, but less than $300. Theft of any property worth less than $100 is generally
a second degree misdemeanor punishable by up to 60 days in the county jail. The levels of offense and penalties for
petit theft can increase, however, depending on the circumstances involved in the case. For instance, a person with
two previous petit theft convictions, accused of a third faces a 3rd Degree felony punishable by up to 5 years in jail.
Grand Theft These are Felony offenses and involve either stolen property with a value of $300 or more, or they
involve specific types or amounts of property. The penalties and level of the offense can vary greatly depending on
either the type of property stolen or the monetary value of the property stolen.
The following Florida Statures provides some more information about crimes involving theft.
Florida Statute 812.014 - Theft.
(1) 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.
(2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law
enforcement officer; or
2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate
commerce from the shipper’s loading platform to the consignee’s receiving dock; or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely
as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or
b. In the course of committing the offense the offender causes damage to the real or personal property of another in
excess of $1,000,
the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s.
775.082, s. 775.083, or s. 775.084.
(b)1. If the property stolen is valued at $20,000 or more, but less than $100,000;
2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate
commerce from the shipper’s loading platform to the consignee’s receiving dock;
3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility
licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or
4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized
emergency vehicle, as defined in s. 316.003, the offender commits grand theft in the second degree, punishable as a
felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(9)
or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any
law enforcement officer as defined in s. 943.10 in the officer’s official business. However, if the property is stolen
within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is
committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions
arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power
outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first
responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is
reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (a).
7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing
animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is
aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.
However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor
under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft
is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less
than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than
$20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the
emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the
presence of or the response time for first responders or homeland security personnel. For purposes of sentencing
under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking
under s. 921.0022 or s. 921.0023 of the offense committed.
(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a
dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the
offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s.
775.082 or s. 775.083.
(3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as
applicable.
(b) A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A person who commits petit theft and who has previously been convicted two or more times of any theft commits
a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(d)1. Every judgment of guilty or not guilty of a petit theft shall be in writing, signed by the judge, and recorded by the
clerk of the circuit court. The judge shall cause to be affixed to every such written judgment of guilty of petit theft, in
open court and in the presence of such judge, the fingerprints of the defendant against whom such judgment is
rendered. Such fingerprints shall be affixed beneath the judge’s signature to such judgment. Beneath such
fingerprints shall be appended a certificate to the following effect:
“I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, ____,
and that they were placed thereon by said defendant in my presence, in open court, this the ____ day of ____, (year)
.”
Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.”
2. Any such written judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the
courts of this state as prima facie evidence that the fingerprints appearing thereon and certified by the judge are the
fingerprints of the defendant against whom such judgment of guilty of a petit theft was rendered.
(4) Failure to comply with the terms of a lease when the lease is for a term of 1 year or longer shall not constitute a
violation of this section unless demand for the return of the property leased has been made in writing and the lessee
has failed to return the property within 7 days of his or her receipt of the demand for return of the property. A demand
mailed by certified or registered mail, evidenced by return receipt, to the last known address of the lessee shall be
deemed sufficient and equivalent to the demand having been received by the lessee, whether such demand shall be
returned undelivered or not.
(5)(a) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which
gasoline offered for retail sale was dispensed into the fuel tank of such motor vehicle unless the payment of
authorized charge for the gasoline dispensed has been made.
(b) In addition to the penalties prescribed in paragraph (3)(a), every judgment of guilty of a petit theft for property
described in this subsection shall provide for the suspension of the convicted person’s driver’s license. The court
shall forward the driver’s license to the Department of Highway Safety and Motor Vehicles in accordance with s.
322.25.
1. The first suspension of a driver’s license under this subsection shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver’s license under this subsection shall be for a period of 1 year.
(6) A person who individually, or in concert with one or more other persons, coordinates the activities of one or more
persons in committing theft under this section where the stolen property has a value in excess of $3,000 commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 812.0155 - Suspension of driver’s license following an adjudication of guilt for theft.
(1) Except as provided in subsections (2) and (3), the court may order the suspension of the driver’s license of each
person adjudicated guilty of any misdemeanor violation of s. 812.014 or s. 812.015, regardless of the value of the
property stolen. The court shall order the suspension of the driver’s license of each person adjudicated guilty of any
misdemeanor violation of s. 812.014 or s. 812.015 who has previously been convicted of such an offense. Upon
ordering the suspension of the driver’s license of the person adjudicated guilty, the court shall forward the driver’s
license of the person adjudicated guilty to the Department of Highway Safety and Motor Vehicles in accordance with
s. 322.25.
(a) The first suspension of a driver’s license under this subsection shall be for a period of up to 6 months.
(b) A second or subsequent suspension of a driver’s license under this subsection shall be for 1 year.
(2) The court may revoke, suspend, or withhold issuance of a driver’s license of a person less than 18 years of age
who violates s. 812.014 or s. 812.015 as an alternative to sentencing the person to:
(a) Probation as defined in s. 985.03 or commitment to the Department of Juvenile Justice, if the person is
adjudicated delinquent for such violation and has not previously been convicted of or adjudicated delinquent for any
criminal offense, regardless of whether adjudication was withheld.
(b) Probation as defined in s. 985.03, commitment to the Department of Juvenile Justice, probation as defined in
chapter 948, community control, or incarceration, if the person is convicted as an adult of such violation and has not
previously been convicted of or adjudicated delinquent for any criminal offense, regardless of whether adjudication
was withheld.
(3) As used in this subsection, the term “department” means the Department of Highway Safety and Motor Vehicles.
A court that revokes, suspends, or withholds issuance of a driver’s license under subsection (2) shall:
(a) If the person is eligible by reason of age for a driver’s license or driving privilege, direct the department to revoke
or withhold issuance of the person’s driver’s license or driving privilege for not less than 6 months and not more than
1 year;
(b) If the person’s driver’s license is under suspension or revocation for any reason, direct the department to extend
the period of suspension or revocation by not less than 6 months and not more than 1 year; or
(c) If the person is ineligible by reason of age for a driver’s license or driving privilege, direct the department to
withhold issuance of the person’s driver’s license or driving privilege for not less than 6 months and not more than 1
year after the date on which the person would otherwise become eligible.
(4) Subsections (2) and (3) do not preclude the court from imposing any sanction specified or not specified in
subsection (2) or subsection (3).
Florida Statute 812.0145 - Theft from persons 65 years of age or older; reclassification of offenses.
(1) A person who is convicted of theft of more than $1,000 from a person 65 years of age or older shall be ordered
by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community
service work. Restitution and community service work shall be in addition to any fine or sentence which may be
imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing theft from a person 65 years of age or older, when he or she
knows or has reason to believe that the victim was 65 years of age or older, the offense for which the person is
charged shall be reclassified as follows:
(a) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $50,000
or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000
or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(c) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $300 or
more, but less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Florida Statute 812.015 - Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment;
detention and arrest; exemption from liability for false arrest; resisting arrest; penalties.
(1) As used in this section:
(a) “Merchandise” means any personal property, capable of manual delivery, displayed, held, or offered for retail
sale by a merchant.
(b) “Merchant” means an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or
operator, of any premises or apparatus used for retail purchase or sale of any merchandise.
(c) “Value of merchandise” means the sale price of the merchandise at the time it was stolen or otherwise
removed, depriving the owner of her or his lawful right to ownership and sale of said item.
(d) “Retail theft” means the taking possession of or carrying away of merchandise, property, money, or negotiable
documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one
container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or
full retail value.
(e) “Farm produce” means livestock or any item grown, produced, or manufactured by a person owning, renting, or
leasing land for the purpose of growing, producing, or manufacturing items for sale or personal use, either part time
or full time.
(f) “Farmer” means a person who is engaging in the growing or producing of farm produce, milk products, eggs, or
meat, either part time or full time, for personal consumption or for sale and who is the owner or lessee of the land or
a person designated in writing by the owner or lessee to act as her or his agent. No person defined as a farm labor
contractor pursuant to s. 450.28 shall be designated to act as an agent for purposes of this section.
(g) “Farm theft” means the unlawful taking possession of any items that are grown or produced on land owned,
rented, or leased by another person.
(h) “Antishoplifting or inventory control device” means a mechanism or other device designed and operated for the
purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area
within such an enclosure, of specially marked or tagged merchandise. The term includes any electronic or digital
imaging or any video recording or other film used for security purposes and the cash register tape or other record
made of the register receipt.
(i) “Antishoplifting or inventory control device countermeasure” means any item or device which is designed,
manufactured, modified, or altered to defeat any antishoplifting or inventory control device.
(j) “Transit fare evasion” means the unlawful refusal to pay the appropriate fare for transportation upon a mass
transit vehicle, or to evade the payment of such fare, or to enter any mass transit vehicle or facility by any door,
passageway, or gate, except as provided for the entry of fare-paying passengers, and shall constitute petit theft as
proscribed by this chapter.
(k) “Mass transit vehicle” means buses, rail cars, or fixed-guideway mover systems operated by, or under contract
to, state agencies, political subdivisions of the state, or municipalities for the transportation of fare-paying
passengers.
(l) “Transit agency” means any state agency, political subdivision of the state, or municipality which operates mass
transit vehicles.
(m) “Trespass” means the violation as described in s. 810.08.
(2) Upon a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency, the offender
shall be punished as provided in s. 812.014(3), except that the court shall impose a fine of not less than $50 or more
than $1,000. However, in lieu of such fine, the court may require the offender to perform public services designated by
the court. In no event shall any such offender be required to perform fewer than the number of hours of public service
necessary to satisfy the fine assessed by the court, as provided by this subsection, at the minimum wage prevailing
in the state at the time of sentencing.
(3)(a) A law enforcement officer, a merchant, a farmer, or a transit agency’s employee or agent, who has probable
cause to believe that a retail theft, farm theft, a transit fare evasion, or trespass, or unlawful use or attempted use of
any antishoplifting or inventory control device countermeasure, has been committed by a person and, in the case of
retail or farm theft, that the property can be recovered by taking the offender into custody may, for the purpose of
attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a
reasonable manner for a reasonable length of time. In the case of a farmer, taking into custody shall be effectuated
only on property owned or leased by the farmer. In the event the merchant, merchant’s employee, farmer, or a transit
agency’s employee or agent takes the person into custody, a law enforcement officer shall be called to the scene
immediately after the person has been taken into custody.
(b) The activation of an antishoplifting or inventory control device as a result of a person exiting an establishment or
a protected area within an establishment shall constitute reasonable cause for the detention of the person so exiting
by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient
notice has been posted to advise the patrons that such a device is being utilized. Each such detention shall be made
only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances
surrounding the activation of the device.
(c) The taking into custody and detention by a law enforcement officer, merchant, merchant’s employee, farmer, or a
transit agency’s employee or agent, if done in compliance with all the requirements of this subsection, shall not
render such law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or
agent, criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(4) Any law enforcement officer may arrest, either on or off the premises and without warrant, any person the officer
has probable cause to believe unlawfully possesses, or is unlawfully using or attempting to use or has used or
attempted to use, any antishoplifting or inventory control device countermeasure or has committed theft in a retail or
wholesale establishment or on commercial or private farm lands of a farmer or transit fare evasion or trespass.
(5)(a) A merchant, merchant’s employee, farmer, or a transit agency’s employee or agent who takes a person into
custody, as provided in subsection (3), or who causes an arrest, as provided in subsection (4), of a person for retail
theft, farm theft, transit fare evasion, or trespass shall not be criminally or civilly liable for false arrest or false
imprisonment when the merchant, merchant’s employee, farmer, or a transit agency’s employee or agent has
probable cause to believe that the person committed retail theft, farm theft, transit fare evasion, or trespass.
(b) If a merchant or merchant’s employee takes a person into custody as provided in this section, or acts as a
witness with respect to any person taken into custody as provided in this section, the merchant or merchant’s
employee may provide his or her business address rather than home address to any investigating law enforcement
officer.
(6) An individual who, while committing or after committing theft of property, transit fare evasion, or trespass, resists
the reasonable effort of a law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s
employee or agent to recover the property or cause the individual to pay the proper transit fare or vacate the transit
facility which the law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or
agent had probable cause to believe the individual had concealed or removed from its place of display or elsewhere
or perpetrated a transit fare evasion or trespass commits a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083, unless the individual did not know, or did not have reason to know, that the person
seeking to recover the property was a law enforcement officer, merchant, merchant’s employee, farmer, or a transit
agency’s employee or agent. For purposes of this section the charge of theft and the charge of resisting may be tried
concurrently.
(7) It is unlawful to possess, or use or attempt to use, any antishoplifting or inventory control device
countermeasure within any premises used for the retail purchase or sale of any merchandise. Any person who
possesses any antishoplifting or inventory control device countermeasure within any premises used for the retail
purchase or sale of any merchandise commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. Any person who uses or attempts to use any antishoplifting or inventory control device
countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) Except as provided in subsection (9), a person who commits retail theft commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $300 or more, and
the person:
(a) Individually, or in concert with one or more other persons, coordinates the activities of one or more individuals in
committing the offense, in which case the amount of each individual theft is aggregated to determine the value of the
property stolen;
(b) Commits theft from more than one location within a 48-hour period, in which case the amount of each individual
theft is aggregated to determine the value of the property stolen;
(c) Acts in concert with one or more other individuals within one or more establishments to distract the merchant,
merchant’s employee, or law enforcement officer in order to carry out the offense, or acts in other ways to coordinate
efforts to carry out the offense; or
(d) Commits the offense through the purchase of merchandise in a package or box that contains merchandise
other than, or in addition to, the merchandise purported to be contained in the package or box.
(9) A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the person:
(a) Violates subsection (8) and has previously been convicted of a violation of subsection (8); or
(b) Individually, or in concert with one or more other persons, coordinates the activities of one or more persons in
committing the offense of retail theft where the stolen property has a value in excess of $3,000.
Florida Statute 812.145 - Theft of copper or other nonferrous metals.
(1) As used in this section, the terms:
(a) “Communications services” means the transmission, conveyance, or routing of voice, data, audio, video, or any
other information or signals, including cable services, to a point, or between or among points, by or through any
electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter
devised, regardless of the protocol used for such transmission or conveyance. The term includes such
transmission, conveyance, or routing in which computer processing applications are used to act on the form, code,
or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service
is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission
as enhanced or value-added.
(b) “Communications services provider” includes any person, firm, corporation, or political subdivision, whether
private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of
communications services.
(c) “Copper or other nonferrous metals” means metals not containing significant quantities of iron or steel,
including, without limitation, copper, copper alloy, copper utility or communications service wire, brass, aluminum,
bronze, lead, zinc, nickel, and alloys thereof.
(d) “Utility” includes any person, firm, corporation, association, or political subdivision, whether private, municipal,
county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas or electricity services.
(e) “Utility service” means electricity for light, heat, or power and natural or manufactured gas for light, heat, or
power, including the transportation, delivery, transmission, and distribution of electricity or natural or manufactured
gas.
(2) A person who knowingly and intentionally takes copper or other nonferrous metals from a utility or
communications services provider, thereby causing damage to the facilities of a utility or communications services
provider, interrupting or interfering with utility service or communications services, or interfering with the ability of a
utility or communications services provider to provide service, commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Cases involving theft can range from misdemeanor to felony offenses, however,
even in misdemeanor cases the penalties can be severe, including jail and the
loss of your driving privileges if convicted. If you have been arrested for a
criminal offense involving theft you should speak with an experienced criminal
defense attorney at your earliest opportunity to learn about your rights and the
defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested for theft, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding theft offenses:
Theft is a violation of Florida Statute 812.014 and occurs when a person knowingly obtains or uses, or endeavors
to obtain or to use, the property of another with intent to, either temporarily or permanently: 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.
Petit Theft/Shoplifting is generally a 1st Degree Misdemeanor punishable by up to 1 year in the county jail if the
property stolen is valued at $100 or more, but less than $300. Theft of any property worth less than $100 is generally
a second degree misdemeanor punishable by up to 60 days in the county jail. The levels of offense and penalties for
petit theft can increase, however, depending on the circumstances involved in the case. For instance, a person with
two previous petit theft convictions, accused of a third faces a 3rd Degree felony punishable by up to 5 years in jail.
Grand Theft These are Felony offenses and involve either stolen property with a value of $300 or more, or they
involve specific types or amounts of property. The penalties and level of the offense can vary greatly depending on
either the type of property stolen or the monetary value of the property stolen.
The following Florida Statures provides some more information about crimes involving theft.
Florida Statute 812.014 - Theft.
(1) 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.
(2)(a)1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law
enforcement officer; or
2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate
commerce from the shipper’s loading platform to the consignee’s receiving dock; or
3. If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely
as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or
b. In the course of committing the offense the offender causes damage to the real or personal property of another in
excess of $1,000,
the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s.
775.082, s. 775.083, or s. 775.084.
(b)1. If the property stolen is valued at $20,000 or more, but less than $100,000;
2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate
commerce from the shipper’s loading platform to the consignee’s receiving dock;
3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility
licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or
4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized
emergency vehicle, as defined in s. 316.003, the offender commits grand theft in the second degree, punishable as a
felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(9)
or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any
law enforcement officer as defined in s. 943.10 in the officer’s official business. However, if the property is stolen
within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is
committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions
arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power
outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first
responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is
reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (a).
7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing
animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is
aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.
However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor
under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft
is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less
than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than
$20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the
emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the
presence of or the response time for first responders or homeland security personnel. For purposes of sentencing
under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking
under s. 921.0022 or s. 921.0023 of the offense committed.
(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a
dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the
offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s.
775.082 or s. 775.083.
(3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as
applicable.
(b) A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A person who commits petit theft and who has previously been convicted two or more times of any theft commits
a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(d)1. Every judgment of guilty or not guilty of a petit theft shall be in writing, signed by the judge, and recorded by the
clerk of the circuit court. The judge shall cause to be affixed to every such written judgment of guilty of petit theft, in
open court and in the presence of such judge, the fingerprints of the defendant against whom such judgment is
rendered. Such fingerprints shall be affixed beneath the judge’s signature to such judgment. Beneath such
fingerprints shall be appended a certificate to the following effect:
“I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, ____,
and that they were placed thereon by said defendant in my presence, in open court, this the ____ day of ____, (year)
.”
Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.”
2. Any such written judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the
courts of this state as prima facie evidence that the fingerprints appearing thereon and certified by the judge are the
fingerprints of the defendant against whom such judgment of guilty of a petit theft was rendered.
(4) Failure to comply with the terms of a lease when the lease is for a term of 1 year or longer shall not constitute a
violation of this section unless demand for the return of the property leased has been made in writing and the lessee
has failed to return the property within 7 days of his or her receipt of the demand for return of the property. A demand
mailed by certified or registered mail, evidenced by return receipt, to the last known address of the lessee shall be
deemed sufficient and equivalent to the demand having been received by the lessee, whether such demand shall be
returned undelivered or not.
(5)(a) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which
gasoline offered for retail sale was dispensed into the fuel tank of such motor vehicle unless the payment of
authorized charge for the gasoline dispensed has been made.
(b) In addition to the penalties prescribed in paragraph (3)(a), every judgment of guilty of a petit theft for property
described in this subsection shall provide for the suspension of the convicted person’s driver’s license. The court
shall forward the driver’s license to the Department of Highway Safety and Motor Vehicles in accordance with s.
322.25.
1. The first suspension of a driver’s license under this subsection shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver’s license under this subsection shall be for a period of 1 year.
(6) A person who individually, or in concert with one or more other persons, coordinates the activities of one or more
persons in committing theft under this section where the stolen property has a value in excess of $3,000 commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 812.0155 - Suspension of driver’s license following an adjudication of guilt for theft.
(1) Except as provided in subsections (2) and (3), the court may order the suspension of the driver’s license of each
person adjudicated guilty of any misdemeanor violation of s. 812.014 or s. 812.015, regardless of the value of the
property stolen. The court shall order the suspension of the driver’s license of each person adjudicated guilty of any
misdemeanor violation of s. 812.014 or s. 812.015 who has previously been convicted of such an offense. Upon
ordering the suspension of the driver’s license of the person adjudicated guilty, the court shall forward the driver’s
license of the person adjudicated guilty to the Department of Highway Safety and Motor Vehicles in accordance with
s. 322.25.
(a) The first suspension of a driver’s license under this subsection shall be for a period of up to 6 months.
(b) A second or subsequent suspension of a driver’s license under this subsection shall be for 1 year.
(2) The court may revoke, suspend, or withhold issuance of a driver’s license of a person less than 18 years of age
who violates s. 812.014 or s. 812.015 as an alternative to sentencing the person to:
(a) Probation as defined in s. 985.03 or commitment to the Department of Juvenile Justice, if the person is
adjudicated delinquent for such violation and has not previously been convicted of or adjudicated delinquent for any
criminal offense, regardless of whether adjudication was withheld.
(b) Probation as defined in s. 985.03, commitment to the Department of Juvenile Justice, probation as defined in
chapter 948, community control, or incarceration, if the person is convicted as an adult of such violation and has not
previously been convicted of or adjudicated delinquent for any criminal offense, regardless of whether adjudication
was withheld.
(3) As used in this subsection, the term “department” means the Department of Highway Safety and Motor Vehicles.
A court that revokes, suspends, or withholds issuance of a driver’s license under subsection (2) shall:
(a) If the person is eligible by reason of age for a driver’s license or driving privilege, direct the department to revoke
or withhold issuance of the person’s driver’s license or driving privilege for not less than 6 months and not more than
1 year;
(b) If the person’s driver’s license is under suspension or revocation for any reason, direct the department to extend
the period of suspension or revocation by not less than 6 months and not more than 1 year; or
(c) If the person is ineligible by reason of age for a driver’s license or driving privilege, direct the department to
withhold issuance of the person’s driver’s license or driving privilege for not less than 6 months and not more than 1
year after the date on which the person would otherwise become eligible.
(4) Subsections (2) and (3) do not preclude the court from imposing any sanction specified or not specified in
subsection (2) or subsection (3).
Florida Statute 812.0145 - Theft from persons 65 years of age or older; reclassification of offenses.
(1) A person who is convicted of theft of more than $1,000 from a person 65 years of age or older shall be ordered
by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community
service work. Restitution and community service work shall be in addition to any fine or sentence which may be
imposed and shall not be in lieu thereof.
(2) Whenever a person is charged with committing theft from a person 65 years of age or older, when he or she
knows or has reason to believe that the victim was 65 years of age or older, the offense for which the person is
charged shall be reclassified as follows:
(a) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $50,000
or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000
or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(c) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $300 or
more, but less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Florida Statute 812.015 - Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment;
detention and arrest; exemption from liability for false arrest; resisting arrest; penalties.
(1) As used in this section:
(a) “Merchandise” means any personal property, capable of manual delivery, displayed, held, or offered for retail
sale by a merchant.
(b) “Merchant” means an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or
operator, of any premises or apparatus used for retail purchase or sale of any merchandise.
(c) “Value of merchandise” means the sale price of the merchandise at the time it was stolen or otherwise
removed, depriving the owner of her or his lawful right to ownership and sale of said item.
(d) “Retail theft” means the taking possession of or carrying away of merchandise, property, money, or negotiable
documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one
container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or
full retail value.
(e) “Farm produce” means livestock or any item grown, produced, or manufactured by a person owning, renting, or
leasing land for the purpose of growing, producing, or manufacturing items for sale or personal use, either part time
or full time.
(f) “Farmer” means a person who is engaging in the growing or producing of farm produce, milk products, eggs, or
meat, either part time or full time, for personal consumption or for sale and who is the owner or lessee of the land or
a person designated in writing by the owner or lessee to act as her or his agent. No person defined as a farm labor
contractor pursuant to s. 450.28 shall be designated to act as an agent for purposes of this section.
(g) “Farm theft” means the unlawful taking possession of any items that are grown or produced on land owned,
rented, or leased by another person.
(h) “Antishoplifting or inventory control device” means a mechanism or other device designed and operated for the
purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area
within such an enclosure, of specially marked or tagged merchandise. The term includes any electronic or digital
imaging or any video recording or other film used for security purposes and the cash register tape or other record
made of the register receipt.
(i) “Antishoplifting or inventory control device countermeasure” means any item or device which is designed,
manufactured, modified, or altered to defeat any antishoplifting or inventory control device.
(j) “Transit fare evasion” means the unlawful refusal to pay the appropriate fare for transportation upon a mass
transit vehicle, or to evade the payment of such fare, or to enter any mass transit vehicle or facility by any door,
passageway, or gate, except as provided for the entry of fare-paying passengers, and shall constitute petit theft as
proscribed by this chapter.
(k) “Mass transit vehicle” means buses, rail cars, or fixed-guideway mover systems operated by, or under contract
to, state agencies, political subdivisions of the state, or municipalities for the transportation of fare-paying
passengers.
(l) “Transit agency” means any state agency, political subdivision of the state, or municipality which operates mass
transit vehicles.
(m) “Trespass” means the violation as described in s. 810.08.
(2) Upon a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency, the offender
shall be punished as provided in s. 812.014(3), except that the court shall impose a fine of not less than $50 or more
than $1,000. However, in lieu of such fine, the court may require the offender to perform public services designated by
the court. In no event shall any such offender be required to perform fewer than the number of hours of public service
necessary to satisfy the fine assessed by the court, as provided by this subsection, at the minimum wage prevailing
in the state at the time of sentencing.
(3)(a) A law enforcement officer, a merchant, a farmer, or a transit agency’s employee or agent, who has probable
cause to believe that a retail theft, farm theft, a transit fare evasion, or trespass, or unlawful use or attempted use of
any antishoplifting or inventory control device countermeasure, has been committed by a person and, in the case of
retail or farm theft, that the property can be recovered by taking the offender into custody may, for the purpose of
attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a
reasonable manner for a reasonable length of time. In the case of a farmer, taking into custody shall be effectuated
only on property owned or leased by the farmer. In the event the merchant, merchant’s employee, farmer, or a transit
agency’s employee or agent takes the person into custody, a law enforcement officer shall be called to the scene
immediately after the person has been taken into custody.
(b) The activation of an antishoplifting or inventory control device as a result of a person exiting an establishment or
a protected area within an establishment shall constitute reasonable cause for the detention of the person so exiting
by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient
notice has been posted to advise the patrons that such a device is being utilized. Each such detention shall be made
only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances
surrounding the activation of the device.
(c) The taking into custody and detention by a law enforcement officer, merchant, merchant’s employee, farmer, or a
transit agency’s employee or agent, if done in compliance with all the requirements of this subsection, shall not
render such law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or
agent, criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(4) Any law enforcement officer may arrest, either on or off the premises and without warrant, any person the officer
has probable cause to believe unlawfully possesses, or is unlawfully using or attempting to use or has used or
attempted to use, any antishoplifting or inventory control device countermeasure or has committed theft in a retail or
wholesale establishment or on commercial or private farm lands of a farmer or transit fare evasion or trespass.
(5)(a) A merchant, merchant’s employee, farmer, or a transit agency’s employee or agent who takes a person into
custody, as provided in subsection (3), or who causes an arrest, as provided in subsection (4), of a person for retail
theft, farm theft, transit fare evasion, or trespass shall not be criminally or civilly liable for false arrest or false
imprisonment when the merchant, merchant’s employee, farmer, or a transit agency’s employee or agent has
probable cause to believe that the person committed retail theft, farm theft, transit fare evasion, or trespass.
(b) If a merchant or merchant’s employee takes a person into custody as provided in this section, or acts as a
witness with respect to any person taken into custody as provided in this section, the merchant or merchant’s
employee may provide his or her business address rather than home address to any investigating law enforcement
officer.
(6) An individual who, while committing or after committing theft of property, transit fare evasion, or trespass, resists
the reasonable effort of a law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s
employee or agent to recover the property or cause the individual to pay the proper transit fare or vacate the transit
facility which the law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or
agent had probable cause to believe the individual had concealed or removed from its place of display or elsewhere
or perpetrated a transit fare evasion or trespass commits a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083, unless the individual did not know, or did not have reason to know, that the person
seeking to recover the property was a law enforcement officer, merchant, merchant’s employee, farmer, or a transit
agency’s employee or agent. For purposes of this section the charge of theft and the charge of resisting may be tried
concurrently.
(7) It is unlawful to possess, or use or attempt to use, any antishoplifting or inventory control device
countermeasure within any premises used for the retail purchase or sale of any merchandise. Any person who
possesses any antishoplifting or inventory control device countermeasure within any premises used for the retail
purchase or sale of any merchandise commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. Any person who uses or attempts to use any antishoplifting or inventory control device
countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) Except as provided in subsection (9), a person who commits retail theft commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $300 or more, and
the person:
(a) Individually, or in concert with one or more other persons, coordinates the activities of one or more individuals in
committing the offense, in which case the amount of each individual theft is aggregated to determine the value of the
property stolen;
(b) Commits theft from more than one location within a 48-hour period, in which case the amount of each individual
theft is aggregated to determine the value of the property stolen;
(c) Acts in concert with one or more other individuals within one or more establishments to distract the merchant,
merchant’s employee, or law enforcement officer in order to carry out the offense, or acts in other ways to coordinate
efforts to carry out the offense; or
(d) Commits the offense through the purchase of merchandise in a package or box that contains merchandise
other than, or in addition to, the merchandise purported to be contained in the package or box.
(9) A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the person:
(a) Violates subsection (8) and has previously been convicted of a violation of subsection (8); or
(b) Individually, or in concert with one or more other persons, coordinates the activities of one or more persons in
committing the offense of retail theft where the stolen property has a value in excess of $3,000.
Florida Statute 812.145 - Theft of copper or other nonferrous metals.
(1) As used in this section, the terms:
(a) “Communications services” means the transmission, conveyance, or routing of voice, data, audio, video, or any
other information or signals, including cable services, to a point, or between or among points, by or through any
electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter
devised, regardless of the protocol used for such transmission or conveyance. The term includes such
transmission, conveyance, or routing in which computer processing applications are used to act on the form, code,
or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service
is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission
as enhanced or value-added.
(b) “Communications services provider” includes any person, firm, corporation, or political subdivision, whether
private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of
communications services.
(c) “Copper or other nonferrous metals” means metals not containing significant quantities of iron or steel,
including, without limitation, copper, copper alloy, copper utility or communications service wire, brass, aluminum,
bronze, lead, zinc, nickel, and alloys thereof.
(d) “Utility” includes any person, firm, corporation, association, or political subdivision, whether private, municipal,
county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas or electricity services.
(e) “Utility service” means electricity for light, heat, or power and natural or manufactured gas for light, heat, or
power, including the transportation, delivery, transmission, and distribution of electricity or natural or manufactured
gas.
(2) A person who knowingly and intentionally takes copper or other nonferrous metals from a utility or
communications services provider, thereby causing damage to the facilities of a utility or communications services
provider, interrupting or interfering with utility service or communications services, or interfering with the ability of a
utility or communications services provider to provide service, commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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