Florida Theft Property Crimes Hub

Florida Theft & Property Crimes Defense

Theft and property crime allegations in Florida are prosecuted aggressively and can carry significant criminal penalties, long-term professional consequences, and lasting reputational harm. Even cases that begin as misdemeanor retail theft allegations can escalate into felony charges depending on value calculations, prior record, or alleged surrounding circumstances. Prosecutors routinely pursue enhanced penalties when they believe aggravating factors are present.

Attorney Jason Goldsmith represents individuals charged with theft and property crimes throughout Florida. As a former Broward County prosecutor, he understands how these cases are screened, formally charged, negotiated, and tried. He understands how loss amounts are calculated, how surveillance evidence is evaluated, and how prosecutors assess credibility, restitution, and sentencing exposure under Florida law.

Statutory authority commonly implicated includes Chapter 812 (Theft, Robbery, Burglary, and Related Crimes), § 812.014 (Theft), § 812.015 (Retail Theft), § 812.019 (Dealing in Stolen Property), § 812.13 (Robbery), § 812.135 (Home Invasion Robbery), § 817.034 (Scheme to Defraud), § 817.61 (Credit Card Fraud), and § 806.13 (Criminal Mischief). The exact statute applied depends on the alleged conduct, value thresholds, prior criminal history, and whether additional factors such as force, entry into a structure, or organized conduct are alleged.

Florida Theft & Property Crimes: How These Cases Begin

Theft investigations frequently begin with retail loss prevention detention, internal corporate investigation, inventory audits, fraud complaints, or police response to a reported burglary. In many situations, businesses conduct detailed internal reviews before law enforcement is contacted. By the time an arrest occurs, surveillance footage, transaction logs, witness statements, and written reports may already be compiled.

Investigations may include body-worn camera footage, store surveillance systems, electronic transaction histories, digital communications, financial records, and recorded interviews. In fraud-related property cases, forensic accounting, IP address tracking, and banking analysis may be involved.

From a defense perspective, early issues often include identification reliability, proof of intent, valuation methodology, chain of custody of evidence, alleged admissions, and whether the State can prove each statutory element beyond a reasonable doubt.

Key Florida Theft Classifications and Value Thresholds

Florida theft charges are primarily value-driven. Property valued under $750 is generally charged as petit theft, while property valued at $750 or more may qualify as grand theft. Grand theft is divided into degrees depending on value level and specific property types.

Certain categories of property—including firearms, motor vehicles, emergency medical equipment, law enforcement property, and cargo—may elevate the charge regardless of monetary value. Disputes over fair market value, depreciation, wholesale versus retail pricing, and loss calculation methods can significantly impact charge severity.

Burglary, Robbery, and Related Property Offenses

Burglary involves entering or remaining in a structure or dwelling with intent to commit an offense inside. The offense inside does not need to be theft, but theft is often alleged. Burglary of a dwelling, burglary with a weapon, or burglary involving assault can substantially increase sentencing exposure.

Robbery differs from theft in that it involves the use of force, violence, assault, or putting a person in fear during the taking of property. Robbery charges are classified as violent felonies and carry significantly higher penalties than simple theft.

Sentencing Exposure and the Florida Criminal Punishment Code

Felony theft offenses are scored under Florida’s Criminal Punishment Code. Points are assigned based on the primary offense, additional offenses, prior record, victim injury, and enhancements. If the total score exceeds certain thresholds, prison becomes permissible or likely.

Third-degree felonies carry up to five years of imprisonment. Second-degree felonies carry up to fifteen years. First-degree felonies carry up to thirty years. Habitual offender designations may increase potential exposure in qualifying cases.

Collateral Consequences Beyond the Courtroom

Theft-related convictions may impact employment opportunities, professional licensing, housing applications, financial industry eligibility, and immigration status. Because theft is often categorized as a crime involving dishonesty, it may carry reputational consequences beyond court-imposed penalties.

How a Former Broward Prosecutor Approaches Theft Defense

A former prosecutor understands how charging decisions are made, how valuation disputes are evaluated internally, and how restitution considerations influence negotiations. This experience provides insight into identifying evidentiary weaknesses, inconsistencies in loss calculations, unreliable witness statements, or procedural issues that may affect admissibility.

Questions People Ask About Florida Theft Charges

What must the State prove in a Florida theft case?

The State must prove beyond a reasonable doubt that the accused knowingly obtained or used property belonging to another with intent to permanently or temporarily deprive the owner of its use or benefit. Identity, intent, and value are central components of the prosecution’s burden.

How is fair market value determined?

Fair market value is typically based on the property’s value at the time of the alleged offense. Retail price, depreciation, wholesale cost, and replacement value may all be debated in court.

What is petit theft in Florida?

Petit theft generally involves property valued under $750. Depending on prior record, it may be charged as a first- or second-degree misdemeanor.

What is grand theft in Florida?

Grand theft involves property valued at $750 or more. Degree increases as value rises, potentially resulting in felony exposure.

Can theft charges be dismissed?

Dismissal may occur if the State cannot prove an essential element, if evidence is suppressed, or if identification is unreliable. Each case depends on specific facts.

Does paying restitution automatically drop charges?

Restitution may influence negotiations but does not automatically eliminate criminal liability.

How serious is burglary compared to theft?

Burglary is generally more serious because it involves unlawful entry with intent to commit an offense inside. Penalties are typically felony-level.

Will a theft conviction show up on a background check?

Yes. Theft convictions typically appear on criminal background checks and may affect employment screening.

Can first-time offenders avoid jail?

In certain circumstances, alternative sentencing options may be available depending on record, value, and prosecutorial discretion.

Should I speak with investigators before hiring a lawyer?

You have constitutional rights, including the right to remain silent. Statements may significantly impact case direction and should be made cautiously after consulting counsel.

How long do theft cases take to resolve?

Resolution timelines vary depending on complexity, court scheduling, discovery volume, and negotiation posture.

How does a former prosecutor’s experience help?

Former prosecutorial experience provides insight into internal case evaluation, plea negotiation strategy, and trial risk assessment.

Statewide Florida Representation

Attorney Jason Goldsmith provides statewide representation for theft and property crime allegations throughout Florida. The main office is located in Broward County, Florida.

Legal Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney–client relationship. Every case is different and outcomes depend on specific facts, evidence, and applicable law.