Theft Charges

What Is Considered Theft Under Florida Law?

Florida Statute §812.014 defines theft as knowingly obtaining or using—or attempting to obtain or use—someone else’s property with the intent to permanently or temporarily:

• Deprive the other person of the property, or

• Convert it for personal use or someone else’s use without authorization.

The statute classifies theft offenses based on the value of the property and the circumstances of the crime, which can dramatically affect potential penalties.

Types of Theft Charges in Florida

Florida recognizes several degrees and variations of theft, including:

Petit Theft (Misdemeanor Theft)

• Second-degree misdemeanor (property value under $100): Up to 60 days in jail and a $500 fine.

• First-degree misdemeanor (property value between $100 and $749): Up to one year in jail and a $1,000 fine.

A conviction may also result in a driver’s license suspension and civil penalties, especially for retail theft.

Grand Theft (Felony Theft)

• Third-degree felony: Property valued at $750–$20,000 (includes firearms and motor vehicles). Penalty: Up to 5 years in prison and a $5,000 fine.

• Second-degree felony: Property valued at $20,000–$100,000. Penalty: Up to 15 years in prison and a $10,000 fine.

• First-degree felony: Property valued over $100,000 or involving specific aggravating factors. Penalty: Up to 30 years in prison and a $10,000 fine.

Common Theft-Related Offenses We Defend

Our Bradenton and Sarasota theft attorneys are experienced in handling a wide range of theft cases, including:

• Shoplifting/retail theft

• Auto theft

• Burglary or robbery (often charged separately under Chapter 810)

• Credit card fraud

• Check fraud

• Employee theft

• Dealing in stolen property

• Identity theft

• Scheme to defraud

Penalties and Long-Term Consequences

The consequences of a theft conviction go far beyond fines or incarceration. You may face:

• A permanent criminal record that affects employment and housing

• Loss of professional licenses

• Immigration consequences for non-citizens

• Civil lawsuits by victims of the alleged theft

Because theft is considered a “crime of dishonesty,” even minor offenses can have a lasting impact on your reputation.

Legal Defenses to Theft Charges

At McNary Law, we develop tailored defense strategies depending on the facts of your case. Common defenses include:

• Lack of intent to steal (no criminal intent)

• Mistaken identity

• Consent from the alleged victim

• Property ownership disputes

• Entrapment

• Unlawful search or seizure

We evaluate every detail, from surveillance footage to witness credibility, to determine how best to challenge the prosecution’s case.

Can I Get My Theft Charges Dropped or Reduced?

Yes—depending on your record and the circumstances, options may include:

• Diversion programs (especially for first-time offenders)

• Pretrial intervention or probation

• Plea negotiations to lesser charges

• Withholding adjudication (in limited cases, which avoids a formal conviction)

Our attorneys are skilled negotiators who work hard to resolve cases in ways that minimize long-term damage.

How McNary Law Can Help

Our team provides aggressive, compassionate legal representation to individuals accused of theft in Bradenton and Sarasota. We:

• Conduct a thorough investigation of the allegations

• Examine the legality of searches, seizures, and evidence

• Identify weaknesses in the prosecution’s case

• Advocate for dismissal, reduced charges, or diversion where appropriate

• Represent you at trial when necessary

We understand the emotional and financial strain a theft accusation can cause, and we’re here to help you move forward.

Why Choose McNary Law?

At McNary Law, we are more than just defense attorneys—we’re problem solvers, advocates, and trusted allies. Our values guide everything we do:

• Honesty & Integrity: We’ll give you clear, upfront advice.

• Compassion: We know this is a difficult time—and we don’t judge.

• Accountability: We deliver on what we promise, period.

• Community-Focused: Based in Bradenton, we care deeply about our neighbors in Sarasota and the surrounding areas.

We also handle domestic violence, DUI, drug charges, juvenile offenses, and family law matters such as divorce and child custody—ensuring seamless support when your case involves overlapping legal issues.

Let’s Talk About Your Defense Strategy

If you’re facing theft charges in Bradenton or Sarasota, don’t wait. Early intervention by an experienced theft attorney can make all the difference. Let’s discuss your options, protect your rights, and start building your defense.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.