Theft Defense In Lake County

What is Theft?

Under Florida Statute § 812.014, theft occurs when a person knowingly obtains or uses the property of another with the intent to deprive them of a right to the property. Florida law distinguishes between theft degrees primarily based on the value of the property and the specific type of item stolen.

1. Petit Theft (Misdemeanor)

• Second-Degree Petit Theft: Property valued under $100. Punishable by up to 60 days in jail.

• First-Degree Petit Theft: Property valued between $100 and $749. Punishable by up to 1 year in jail.

• Repeat Offenders: if you have two or more prior theft convictions, a third petit theft can be reclassified as a third-degree felony, regardless of the item's value.

2. Grand Theft (Felony)

The threshold for Grand Theft in Florida is $750.

• Third-Degree Grand Theft ($750 – $19,999): Up to 5 years in prison.

• Second-Degree Grand Theft ($20,000 – $99,999): Up to 15 years in prison.

• First-Degree Grand Theft ($100,000+): Up to 30 years in prison.

• Certain items trigger automatic Grand Theft charges regardless of value, including firearms, motor vehicles, fire extinguishers, and commercially farmed animals.

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Retail Theft & "Smash-and-Grab" Enhancements

Florida has significantly increased penalties for organized retail theft.

• Coordinated Theft: If you act with five or more individuals to steal from a merchant, you face enhanced felony sentencing.

• Social Media Solicitation: Using social media to coordinate a retail theft is now an aggravating factor that prosecutors use to seek maximum prison time.

• Retail Theft with Prior Convictions: Subsequent retail theft arrests now carry mandatory fine increases and potential driver’s license suspensions.

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Collateral Damage: Professional Licenses & Employment

Because theft is a "crime of moral turpitude," a conviction can trigger mandatory reporting requirements for Florida professional boards. We work to protect clients in sensitive fields:

• Healthcare & Nursing: A theft conviction can lead to the immediate suspension of a license by the Department of Health.

• Real Estate & Insurance: The DBPR and DFS often deny license renewals for those with recent theft convictions.

• Education: Teachers and administrators face intense scrutiny and potential loss of credentials.

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Strategic Defense: How We Fight Your Theft Charge

As a former prosecutor, Attorney Lewis looks for the procedural and evidentiary errors that lead to dismissals:

• Challenging Valuation: The State often uses "replacement cost" rather than "fair market value." An independent appraiser can be used sometimes to prove the value is below the felony threshold.

• Lack of Intent: Theft requires specific intent. If the property was taken by mistake, or if you had a "good faith" belief of ownership, a crime has not been committed.

• Pre-Trial Diversion: For first-time offenders, we aggressively negotiate for Diversion Programs that result in a complete dismissal of charges upon completion of community service or restitution.

An arrest in Clermont, Tavares, Leesburg, Groveland, Eustis, Mount Dora, or anywhere in Lake County or Central Florida can be a crisis, but it isn't the end. The sooner Lewis Defense Law can get involved in the "pre-file" stage, the better the chances of convincing the prosecutor to drop or reduce the charges.

Contact Lewis Defense Law today for a free, confidential consultation. Protect your rights. Protect your freedom.