What to Do If You’re Accused of Theft: Understanding Defenses and Penalties

Florida law treats theft crimes seriously, but the state also requires prosecutors to prove certain facts beyond a reasonable doubt. That means there’s always room to fight the accusation if the evidence doesn’t hold up.

At Marquez Law, I’ve represented countless individuals accused of theft in Florida. Whether it’s shoplifting, employee theft, or a more serious allegation like grand theft, being charged with a crime involving dishonesty carries serious legal and personal consequences. 

As a criminal defense attorney, I know how these accusations can affect your job, reputation, and future—even before a court makes any decision. Understanding what’s at stake and what options you have is critical if you find yourself in this situation.

I’ve worked with many clients who felt overwhelmed and hopeless at first, only to later discover that their case had strong defenses worth raising.

How Florida Defines Theft

Theft in Florida is defined by statute as knowingly obtaining or using—or trying to obtain or use—someone else’s property with the intent to either temporarily or permanently deprive the person of their right to that property. That definition applies to all theft crimes in the state, whether we’re talking about petit theft or grand theft.

The seriousness of a theft charge depends largely on the value of the property and sometimes the type of property involved. Petit theft usually involves items worth less than $750, while grand theft covers amounts above that or certain protected types of property, like firearms or motor vehicles. 

But even a misdemeanor theft charge can carry jail time and long-term damage to your criminal record, which is why I never downplay the importance of any accusation.

Responding to a Theft Accusation

The first thing I tell clients accused of theft is not to speak to law enforcement without representation. Police officers may sound casual or conversational, but their job is to gather evidence—including statements that might be used against you later. 

I’ve seen many people hurt their criminal defense because they thought they could explain things away without legal support.

If you’re contacted by law enforcement or receive a notice to appear in court, the best move is to speak to a criminal defense attorney immediately. I’ve had cases where quick legal action led to reduced charges, diversion programs, or even dropped charges entirely.

Intent and Mistake as Defenses

One of the most important parts of any theft case is intent. Florida law requires the prosecution to show that you intended to take or use someone else’s property without their permission. If the situation involved a misunderstanding or an honest mistake—like believing the item belonged to you—that can be a strong defense.

I’ve represented clients who were accused of shoplifting when they simply forgot to pay or didn’t realize something was in their cart. 

I’ve also worked with people facing charges after loaning or borrowing property in informal arrangements that later went wrong. In each of those cases, I used my criminal defense experience to argue that the state couldn’t prove criminal intent.

Ownership Disputes and Civil Claims

Sometimes, what appears to be theft is really a civil dispute over ownership. I’ve handled cases where former roommates, friends, or even family members disagreed over who owned a specific item. In those situations, police might press charges based on one person’s version of events, even if the legal ownership is unclear.

When I build a criminal defense in these situations, I focus on documenting the ownership history and challenging the idea that any criminal intent existed. Prosecutors often back down when they realize the case is better suited for civil court than a criminal courtroom.

Entrapment and Illegal Conduct by Others

In rare cases, law enforcement or store personnel may act inappropriately or violate your rights.

If an undercover officer or store security pushes someone into committing a crime they otherwise wouldn’t have committed, that might rise to the level of entrapment. While these cases are hard to prove, they can provide a powerful defense under Florida law when the facts support them.

I’ve also challenged theft charges when store surveillance footage was missing, misleading, or improperly handled. As part of any criminal defense, I look at how the evidence was collected and whether the procedures followed were lawful.

The Consequences of a Theft Conviction

Even a misdemeanor theft conviction can affect your future. Florida law classifies petit theft as a misdemeanor, but a second conviction can raise it to a first-degree misdemeanor or even a felony in some cases. That means:

• More jail time

• Higher fines

• A criminal record that follows you around for years.

For grand theft, the penalties are even more serious. Depending on the value of the property and whether a weapon or vehicle was involved, you could be facing felony charges with mandatory prison time. 

As a criminal defense attorney, I focus not only on fighting the charges but also on protecting your long-term future—especially when it comes to employment, housing, or professional licensing.

Diversion Programs and Alternative Outcomes

In some cases, Florida’s legal system offers alternatives to conviction through diversion programs or deferred prosecution agreements. These programs are often available to first-time offenders and involve community service, restitution, and sometimes classes or therapy. If the program is completed successfully, the charges are dismissed.

I’ve helped many clients enter diversion programs and walk away without a criminal record. As part of your criminal defense, I’ll assess whether these options are available and whether they make sense based on your goals. 

For many people, avoiding a public conviction matters more than winning in court, and I always tailor my strategy to fit each client’s needs.

Plea Negotiations and Charge Reductions

Not every case goes to trial, and sometimes the best outcome is a negotiated plea deal that reduces the charge or penalty. 

I’ve had clients facing grand theft charges who accepted plea deals for misdemeanor offenses, avoiding jail and long-term damage to their reputations. Other times, I’ve negotiated deals that involved restitution in exchange for withheld adjudication.

As a criminal defense lawyer, my job is to look at every angle of a case and push for the best outcome. That might mean challenging the evidence, filing motions to suppress, or negotiating directly with prosecutors. Each theft case is different, and there’s no one-size-fits-all solution.

Sealing and Expungement After a Theft Case

If your theft charge is dismissed, dropped, or results in a not guilty verdict, you may be eligible to expunge or seal your record. That process can help you move on without the charge showing up in background checks or job applications. Florida law only allows one sealing or expungement in a lifetime, so it’s important to do it right the first time.

At Marquez Law, I’ve helped clients clear their records after theft charges were resolved. Part of a good criminal defense involves thinking beyond the courtroom and helping people rebuild their lives after an accusation.

Reach Out Today

At Marquez Law, I offer more than legal arguments—I offer the support and strategy needed to face the legal system with confidence. I’m proud to serve Orlando and West Palm Beach, Florida. Call today for more information.