Theft & Robbery Defense Attorney, South Florida

Florida Theft Laws, Understanding the Charge

Florida Statute § 812.014 defines theft as knowingly obtaining, using, or endeavoring to obtain the property of another with the intent to deprive them of it. The severity of the charge depends on the value of the property allegedly stolen. Petit theft involves property valued under $750 and is a misdemeanor. Grand theft begins at $750 and is a felony, the higher the value, the more serious the felony degree.

Retail theft (shoplifting) is charged under § 812.015. First-offense retail theft under $100 is a second-degree misdemeanor. Between $100 and $750, it is a first-degree misdemeanor. Over $750, it becomes grand theft felony. Retailers in Florida are permitted to civilly detain suspected shoplifters, but improper detention creates its own legal issues.

Grand Theft, Felony Consequences

Grand theft in the third degree (property valued between $750 and $20,000) is a felony punishable by up to five years in prison. Grand theft in the second degree ($20,000 to $100,000) carries up to 15 years. Grand theft in the first degree (over $100,000) carries up to 30 years. A felony theft conviction can permanently disqualify you from licensed professions in Florida, including real estate, nursing, contracting, and financial services.

Robbery vs. Theft

Robbery under § 812.13 is theft with force, violence, assault, or putting the person in fear. It is a second-degree felony carrying up to 15 years. Armed robbery, robbery with a weapon, is a first-degree felony carrying up to life in prison. If a firearm was used, Florida's 10-20-Life mandatory minimum applies.

Robert distinguishes robbery from lesser theft charges, challenges the identification evidence (eyewitness testimony is notoriously unreliable), and examines the surveillance footage, physical evidence, and any lineup or show-up procedures that may have been suggestive.

Defense Strategies

Theft cases often turn on intent. The State must prove you intended to permanently deprive the owner of the property, not that you borrowed it, took it by mistake, or had a good-faith belief you had a right to it. Robert investigates the circumstances, any witnesses, and whether the State can actually prove every element beyond a reasonable doubt.

For first-time offenders, Broward County offers civil restitution and diversion programs that can result in dismissed charges. Robert pursues these options aggressively for eligible clients, because avoiding a conviction entirely is always the first priority.

Frequently Asked Questions