Theft Offenses

Theft offenses are some of the most common reasons why people are arrested or charged with a crime in Fort Lauderdale (Broward County, Florida).  In fact, they are so common, that most prosecutor offices have diversion programs for first offenders accused of theft offenses.  However, before we delve into that, it is important to understand the types of theft offenses exist under Florida law as well as understand their differences.

Grand Theft and Petit Theft

In Fort Lauderdale, Florida (Broward County), theft charges are very common and can vary in severity from misdemeanors to first degree felonies, depending on the type of property and value of the property at issue. While all theft charges carry the possibility of incarceration, most cases are resolved with probation, assuming you have a good criminal attorney who knows what he/she is doing.

Types of Theft Offenses

Theft can be prosecuted in a variety of ways, depending on the specific facts present in your case. These the most common types of theft cases:

• Petit Theft
• Grand Theft
• Dealing in Stolen Property
• Grand Theft Auto
• Theft of a Firearm

What Am I Facing in a Theft Case?

Petit Theft, 1st Degree

• Max Jail:  364 Days
• Max Probation:  12 Months
• Typical Penalty:  Withhold Adjudication (no conviction) and Court Costs

Petit Theft, 2nd Degree

• Max Jail:  60 Days 
• Max Probation:  6 Months
• Typical Penalty:  Withhold Adjudication (no conviction) and Court Costs

Grand Theft 3^rd Degree:

• Max Prison:  5 Years 
• Max Probation:  5 Years
• Typical Penalty:  18-36 Months Probation

Grand Theft 2^nd Degree:

• Max Prison:  15 Years 
• Max Probation:  15 Years
• Typical Penalty:  Probation (duration varies according to case specifics)

Grand Theft 1^st Degree:

• Max Prison:  30 Years 
• Max Probation:  30 Years
• Typical Penalty:  Varies according to case specifics

Grand Theft and Petit Theft Explained

I. Grand Theft (Felony):

Theft cases are initially divided into two main categories: misdemeanors and felonies. Grand theft is always a felony and petit theft is always a misdemeanor.

There are two ways stealing something can result in felony charges for grand theft. First, if the property is worth more than $300 at the time it was stolen, then you can be charged with a felony for grand theft.

The second way depends on the type of property stolen. Certain items are always a felony to steal, no matter how much they are worth. For example, it is always felony grand theft to steal a car or to steal a gun.

Once you have determined if your case is a grand theft case or a petit theft case (more or less than $300 or special items), the next step is to determine what degree.

Grand theft comes in three degrees: 1^st Degree Grand Theft, 2^nd Degree Grand Theft, and 3^rd Degree Grand Theft. The most common type of grand theft is third degree grand theft. Here is the breakdown of grand theft and its varying degrees:

1st Degree Grand Theft:

• Stolen Item(s) valued at $100,000 and up

2nd Degree Grand Theft:  

• Stolen Item(s) valued at $20,000 – $99,999.99

3rd Degree Grand Theft:  

• Stolen Item(s) valued at $300 – $19,999.99

While the penalties for grand theft can vary in severity, most people get probation, especially if they have the ability to pay restitution. However, in cases that involve violation of trust or position of authority, offenders have been known to be sentenced to prison. Every case is different and the outcome of yours does not depend on the outcome of others. This is why hiring the right criminal attorney is so important.

II. Petit Theft , 1^st Degree (Misdemeanor):

Even more common than 3^rd degree grand theft is the crime of petit theft – which usually concerns acts of “shoplifting.” Like grand theft, there are varying degrees of petit theft. Specifically, petit theft is divided into two degrees: 1^st Degree Petit Theft and 2^nd Degree Petit Theft.

In order to be charged with 1^st Degree Petit Theft, the stolen item must be worth $100-$299.

All first degree misdemeanors are punishable by up to 364 days in the county jail or up to 12 months probation.

III. Petit Theft , 2^nd Degree (Misdemeanor)

The final type of theft charge is 2^nd Degree Petit Theft, which is also most commonly prosecuted for “shoplifting.” To sustain a charge of 2^nd Degree Petit Theft, the items at issue must be worth up to $99.

All second degree misdemeanors are punishable by up to 60 days in the county jail or up to 6 months probation.

Exceptions

The following conditions may serve to enhance a theft crime to a higher degree (such as from a misdemeanor to a felony):

• Prior convictions for theft
• Theft during a state of emergency
• Theft from a dwelling

The Prosecutor’s Burden of Proof

Pursuant to Florida Statute §812.014, a prosecutor must prove the following basic elements to prove the crime of theft:

That the defendant knowingly obtained or used, or endeavored 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 the defendant’s own use or to the use of any other person not entitled to the use of the property.

Once the above elements have been proven by the prosecutor, the next step is to determine what kind of theft case is at issue. In most instances, this is rather straightforward. If you stole a car, it is grand theft auto, if you stole a gun, it is grand theft firearm.