In Dunedin, Clearwater, Palm Harbor or anywhere else in the Sunshine State, the severity of punishment for theft can be based upon the value of the stolen item, the type of item stolen, the circumstances of how the item was stolen and whether the accused has been convicted of theft previously.
Theft Statutes in Florida
Florida statute 812.014 spells out what the elements are to establish the crime of theft. It states:
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors 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 his or her own use or to the use of any person not entitled to the use of the property.
In other words, a person can be convicted of a theft if he or she knows the property they are taking, or using, belongs to someone else and that person did not give permission to take or use the property.
Some other examples of theft in Florida are splicing neighbor Nancy’s cable so that you can get free service, eating at a restaurant and leaving without paying (dining and dashing), or catching a ride on a bus or train without paying the fare.
The least serious theft related charge in Florida is a Petit Theft 2nd degree misdemeanor, where the value of the stolen item is less than $100 and the maximum sentence is 60 days in jail. Contrast that to a Grand Theft 1st degree felony where the property stolen is valued at $100,000 or more and the maximum sentence is 30 years in prison. Most thefts fall somewhere in between, and the chart below will help explain the differences.
Petit Theft, 2nd degree misdemeanor- the value of the property stolen is less than $100. It is punishable by up to 60 days in the county jail, 6 months of probation and a $500 fine.
Petit Theft, 1st degree misdemeanor- the value of the property stolen is between $100 and $750. It is punishable by up to 1 year in the county jail, 1 year of probation and a $1000 fine.
Grand Theft, 3rd degree felony- the value of the property stolen is between $750 and $20,000. It is punishable by up to five years in state prison, 5 years of probation and a $5000 fine. The value of certain items can be less than $750 and still be considered Grand Theft, 3rd degree felony. Some examples are theft of a firearm, theft of a will, theft of over 2000 pieces of citrus fruit or stealing a stop sign.
Grand Theft, 2nd degree misdemeanor- the value of the property stolen is between $20,000 and $100,000. It is punishable by up to 15 years in state prison, 15 years of probation and a fine of $10,000.
Grand Theft, 1st degree felony- the value of the property stolen is $100,000 or over. It is punishable by up to 30 years in state prison, 30 years of probation and a fine of $10,000.
Multiple Petit Thefts- If a person has been previously convicted of a Petit Theft 2nd degree misdemeanor, any future conviction for a Petit Theft will qualify as a Petit Theft 1st degree misdemeanor. If a person has been convicted of two or more Petit Thefts, an additional Petit Theft can be charged as a 3rd degree felony.
Contact Hendry and Parker for Theft Law in Florida
If you have been arrested for a Petit Theft or a Grand Theft in Dunedin, Tarpon Springs, Palm Harbor or anywhere else the Tampa Bay area, call Hendry & Parker, P.A. It is important to understand your rights and potential penalties so that you can make the best decision moving forward. A conviction for any kind of theft is a conviction for a crime of dishonesty and can have profoundly serious consequences. It can keep you from getting a job, can cause you to lose your job and can take away your right to vote or acquire a firearm. If suspected or arrested for a theft crime, call the attorneys at Hendry & Parker, P.A. for a free initial assessment of your case serving Pinellas, Pasco & Hillsborough Counties.