Theft Charges in Florida
Florida divides the crime of Theft into two categories and then further separates them by 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.
Defenses to Theft
Other than alleging a false accusation, there are three primary defenses to the crime of Theft:
Good Faith Possession
Under Florida law, the crime of theft requires proof of a taking with the intent to steal. So 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. [1]
Equal Ownership
A co-owner of property cannot be held guilty of larceny of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property. [2]
Valueless Property
Simply put, it is impossible to steal trash. This is because Florida law only criminalizes the stealing of "property." Property is defined as "anything of value" and the Value is defined as "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." Thus if someone places something by the road, it has become trash that presumably has no value. [3]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of theft in Central Florida, please 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.