F.S. 812.014 – Theft

Being arrested and charged with theft under Florida Statute 812.014 can upend your life in an instant, threatening your freedom, finances, and reputation. With potential consequences ranging from hefty fines to jail time and a permanent criminal record, understanding your rights is crucial to protecting your future. 

As an experienced Fort Lauderdale criminal defense lawyer, Richard Ansara of The Ansara Law Firm helps clients charged under F.S. 812.014 understand the nuances of the law – and explain potential defense strategies that may be most effective in light of the specific details of your case. Even in situations where there is substantial evidence against you, there are almost always ways that a skilled attorney can minimize the fallout and long-term impact to your life. 

Florida law defines theft as knowingly obtaining or using — or attempting to obtain or use—another's property with the intention to do one or both of the following:

1. Deprive the owner of the property, either temporarily or permanently.
2. Use the property for the accused’s own benefit or someone else’s.

In order to secure a conviction for theft, prosecutors in Florida must establish the following elements beyond a reasonable doubt:

• Ownership. Prosecutors need to show that the property belonged to another person or entity.
• Knowledge and Intent. Simple possession of stolen property isn’t automatically theft (though it can be a lesser offense). To prove theft, prosecutors need to show the accused knowingly and willfully committed the act. 
• Valuation. The state attorney’s office must objectively establish  the property's value. It’s a critical element of the case because it determines the degree/severity of the offense. 

Failure to prove any of these elements can lead to a dismissal or acquittal.

That may sound straightforward, but there are often weak cases that result in conviction because the accused was not represented by a skilled criminal defense lawyer. Some assume that you’ll have a lawyer appointed for you, but that’s only if you’re both facing jail time AND verifiably unable to afford one on your own. Even then, public defenders juggle hefty case loads. Your defense likely won’t receive the same degree of attention with a public defender that it would if you hire a private criminal defense attorney in Fort Lauderdale. 

The seriousness of any theft charge hinges on the value of the property taken, as well as other other aggravating factors. 

Here’s how theft offenses are classified in Florida:

• Petit Theft (Misdemeanor)
• First-degree petit theft applies to property valued at $100 to less than $750.
• Second-degree petit theft involves property under $100.
• Grand Theft (Felony)
• Third-Degree Felony: Property valued at $750 to less than $20,000, a firearm, or motor vehicle parts.
• Second-Degree Felony: Property valued at $20,000 to less than $100,000, emergency medical equipment, or law enforcement equipment.
• First-Degree Felony: Property valued at $100,000 or more, or if the theft caused significant property damage or personal injury during its commission.

Understanding case law precedents like these allows defense attorneys to pinpoint weaknesses in the prosecution’s case.

Each case is unique, but common defenses in criminal theft cases include:

1. Mistaken Ownership. Demonstrating the accused believed they had a legitimate claim to the property.
2. Lack of Intent. Proving there was no intention to deprive the owner.
3. Mistaken Identity. Highlighting procedural errors or unreliable eyewitness testimony.
4. Insufficient Evidence. Challenging the prosecution’s ability to prove every element of the crime beyond a reasonable doubt.

An experienced defense attorney will meticulously analyze the facts, identify weaknesses in the state’s case, and craft a tailored defense strategy.

Navigating Florida’s legal system without experienced representation can feel overwhelming. A criminal defense lawyer does more than argue your case in court. At The Ansara Law Firm, we will:

• Conduct a thorough investigation of the charges.
• Negotiate with prosecutors to potentially reduce or dismiss charges.
• Provide insight into the legal system and ensure your rights are protected throughout.

The consequences of a theft conviction—fines, imprisonment, restitution, and a lasting criminal record—can be devastating. With the right legal team by your side, you have a fighting chance to mitigate these outcomes and safeguard your future.

If you or a loved one faces charges under F.S. 812.014, don’t leave your fate to chance. Contact a Fort Lauderdale criminal defense lawyer who understands the stakes and will work tirelessly to achieve the best possible outcome. Together, we can ensure your side of the story is heard, and your rights are vigorously defended.

If you have been charged with a theft crime in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.