- By Longwell Lawyers
Theft charges in Central Florida can escalate quickly, even when the alleged incident seems minor. Florida law defines theft broadly, penalties depend heavily on property value and intent, and early decisions by law enforcement and prosecutors often shape the entire case. Understanding how theft charges work, what the State must prove, and why experienced criminal defense representation matters can make a meaningful difference in how a case unfolds.
Theft Charges in Central Florida Are More Complex Than Many People Expect
In Central Florida, theft charges are prosecuted aggressively across Orange, Osceola, Seminole, and surrounding counties. These cases arise in many everyday situations: retail stores, workplaces, shared housing, online transactions, or disputes involving borrowed or transferred property.
What surprises many people is how easily a misunderstanding or accusation can turn into a criminal charge. Florida’s theft statutes are written broadly, giving prosecutors wide discretion in how cases are charged and pursued.
For individuals facing these allegations, the legal system can feel overwhelming from the very first interaction with law enforcement.
How Florida Law Defines Theft
Under Florida law, theft is primarily governed by Florida Statute § 812.014. In general terms, theft involves knowingly obtaining or using another person’s property with the intent to deprive the owner of their rights to that property, either temporarily or permanently.
Several important concepts are built into this definition:
- The act must be knowing, not purely accidental
- The law covers both obtaining and using property
- The intent to deprive can be temporary or permanent
Because of this broad wording, theft charges can apply to a wide range of situations, including those where intent is disputed or misunderstood.
Retail Theft (Shoplifting) Is Treated as a Separate Category
Many Central Florida theft cases involve allegations of retail theft, commonly referred to as shoplifting. These cases are addressed under Florida Statute § 812.015.
Retail theft allegations do not require someone to leave a store with merchandise. Prosecutors may rely on allegations involving:
- Altering or removing price tags
- Transferring merchandise to different containers
- Concealing items
- Attempting to deprive a retailer of the full value of merchandise
Florida law also allows merchants to detain individuals under specific circumstances when retail theft is suspected. Whether that detention was lawful, how evidence was collected, and what statements were made often become key issues later in a case.
Why the Value of the Property Matters So Much
One of the most important factors in any Florida theft case is the alleged value of the property.
Florida distinguishes between:
- Petit theft, generally charged as a misdemeanor
- Grand theft, charged as a felony when certain value thresholds or circumstances are met
As the alleged value increases, so do the potential penalties. Grand theft charges can result in long-term consequences, including incarceration, probation, fines, and a permanent felony record.
In practice, value is not always as straightforward as it sounds. Disputes may arise over fair market value, depreciation, retail pricing, or whether the prosecution’s evidence actually supports the charged level. These issues frequently become central points of litigation in theft cases.
Potential Penalties for Theft Charges in Florida
Florida’s general criminal penalty statute, Florida Statute § 775.082, outlines the maximum penalties based on the degree of the offense. At a high level:
- Third-degree felonies can carry up to five years in prison
- Second-degree felonies can carry up to fifteen years
- First-degree felonies can carry up to thirty years
Misdemeanor theft charges may involve jail time, probation, fines, and restitution.
It is important to understand that these are statutory maximums, not automatic outcomes. The actual consequences in any case depend on the charge level, prior history, and the specific facts alleged.
Theft vs. Dealing in Stolen Property
Not all theft-related cases are charged as simple theft. In some situations, prosecutors pursue charges for dealing in stolen property under Florida Statute § 812.019.
This statute focuses on trafficking or attempting to traffic property that a person knew or should have known was stolen. These allegations often arise in cases involving:
- Pawn transactions
- Online resale platforms
- Alleged organized retail theft activity
Dealing in stolen property is typically charged as a felony and carries serious potential penalties. Whether the facts support a theft charge, a trafficking charge, or both is a highly case-specific issue.
Common Issues That Arise in Theft Defense Cases
While every case is different, theft allegations in Central Florida often raise recurring legal and factual questions. Understanding these themes helps explain why experienced criminal defense representation matters.
Intent Is Often Disputed
Theft requires intent. Prosecutors must show that the accused knowingly acted with the intent to deprive the owner of property. In many cases, the defense focuses on whether the State can actually prove that intent beyond a reasonable doubt.
Ownership and Permission Disputes
Some cases involve disagreements over who owned the property or whether the accused believed they had permission to use or possess it. These situations can arise in shared households, workplaces, or business relationships.
Proof of Value
As discussed earlier, the value of the property is not just a detail. It is an element of the charge. Courts have repeatedly addressed cases where value evidence was insufficient or unclear, resulting in reduced charges or other outcomes.
Evidence Collection and Detention Issues
In retail theft cases, how evidence was gathered matters. Surveillance footage, loss prevention reports, witness statements, and the circumstances of any detention can all become critical points of review.
What the Theft Case Process Often Looks Like
Although no two cases are the same, theft cases in Central Florida often follow a similar procedural path:
An investigation or arrest may occur following a complaint, store detention, or police response. Charges are then filed based on the alleged conduct, property value, and applicable statutes.
From there, cases typically move through arraignment, discovery, motions, negotiations, and potentially trial. Throughout this process, legal arguments may focus on intent, value, identification, and the reliability of the State’s evidence.
Understanding this process helps individuals see why early legal guidance can be so important, even before a case formally advances.
How Longwell Lawyers Helps Clients Facing Theft Charges
Longwell Lawyers focuses on criminal defense representation for individuals facing serious charges in Central Florida, including theft-related offenses.
The firm’s approach emphasizes careful analysis of the prosecution’s evidence, close attention to statutory requirements, and strategic defense planning tailored to the specific circumstances of each case. Theft cases often involve nuanced factual disputes, and experienced defense counsel plays a critical role in identifying weaknesses in the State’s case.
Whether the allegation involves petit theft, grand theft, retail theft, or related offenses, having a defense team that understands Florida law and local court practices is essential.
Moving Forward After a Theft Arrest or Charge
Facing a theft charge can be stressful, confusing, and intimidating. Florida’s theft laws are complex, and even misdemeanor cases can carry consequences that extend far beyond the courtroom.
Understanding the legal framework, the role of intent and value, and the importance of a well-prepared defense helps individuals make informed decisions about their next steps.
If you or someone you care about is facing theft charges in Central Florida, speaking with a qualified criminal defense attorney can help clarify the situation and explain available options.
To learn more or to request a confidential consultation, or call (407) 537-5597.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
