Theft and Grand Theft Charges

Theft is one of the most commonly charged offenses in Florida courts. Florida Statute 812.014 defines theft and establishes a tiered system of charges based primarily on the value of the property or services involved. Understanding this structure is relevant to anyone facing a theft charge in Indian River County or elsewhere in Florida.

Definition of Theft Under Florida Statute 812.014

Florida Statute 812.014 defines theft as knowingly obtaining or using, or endeavoring to obtain or use, the property of another with the intent to temporarily or permanently deprive that person of the property or to appropriate the property to one’s own use or the use of another not entitled to it.

The statute covers a broad range of conduct, including taking physical property, obtaining services without payment, and using another person’s property without authorization. The definition of “obтaining or using” includes taking, carrying away, misappropriating, or exercising control over property.

Theft Classifications Based on Value

The degree of the theft charge in Florida is determined primarily by the value of the property or services involved:

• Petit theft, second degree (second-degree misdemeanor): Property valued at less than $100.
• Petit theft, first degree (first-degree misdemeanor): Property valued at $100 or more but less than $750.
• Grand theft, third degree (third-degree felony): Property valued at $750 or more but less than $20,000.
• Grand theft, second degree (second-degree felony): Property valued at $20,000 or more but less than $100,000, or property such as a motor vehicle, firearm, or certain other designated items, regardless of value.
• Grand theft, first degree (first-degree felony): Property valued at $100,000 or more, or theft that causes significant damage exceeding $1,000 in the course of taking.

Enhanced Penalties

Florida Statute 812.014 provides for enhanced penalties in certain circumstances. A defendant with two or more prior theft convictions faces a mandatory minimum sentence of 10 days in jail for a third or subsequent conviction, regardless of the value of the property involved. Theft of certain designated property, including law enforcement equipment, emergency medical equipment, or property from a person over age 65, carries enhanced penalties under the statute.

Retail Theft

Florida Statute 812.015 addresses retail theft, also referred to as shoplifting. The statute provides for civil recovery by merchants and establishes criminal penalties consistent with the general theft classification system. A merchant or merchant’s employee may detain a person reasonably suspected of retail theft in a reasonable manner for a reasonable time for the purpose of investigating the suspected theft.

Court Procedures

Misdemeanor theft cases in Indian River County are heard in the county court division of the 19th Judicial Circuit. Felony grand theft cases are heard in the circuit court division. Following the arrest, the defendant appears at a first appearance hearing and then an arraignment. The case then proceeds through pretrial motions and, if not resolved, to trial.

Right to Legal Representation

Any person charged with theft, grand theft, or a related property offense in Florida has the right to legal representation at all stages of the criminal proceeding. This right applies to misdemeanor and felony charges alike.

Contacting a Criminal Defense Attorney

Florida law provides individuals the right to legal representation when facing criminal charges. Anyone charged with theft or grand theft in Vero Beach or Indian River County may contact a qualified criminal defense attorney to discuss their situation and legal rights.

To speak with a criminal defense attorney in Vero Beach,  call 772-WIN-CASE or send an email inquiry.