Theft & Property Crime Defense — Polk County FL

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Florida theft and property crimes range from first-degree misdemeanor petit theft punishable by up to 1 year in jail to first-degree felony grand theft or dealing in stolen property carrying up to 30 years in prison, depending on the property value and conduct involved. Under § 812.014, Florida Statutes, theft is defined as knowingly obtaining or using another person’s property with intent to deprive that person of it permanently or temporarily. Because intent is the central question, these cases turn on the details. If you or a family member faces any theft or property crime charge in Central Florida, what you do in the first 48 hours will shape the outcome of your case. Invoke your right to silence and call an experienced criminal defense attorney immediately.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Are Theft and Property Crimes Under Florida Law?

Florida’s property crime statutes — found in Chapters 810, 812, 806, and 817 of the Florida Statutes — cover conduct involving the taking, damaging, or fraudulent acquisition of another person’s property. The central element in nearly every property crime is intent: the prosecution must prove beyond a reasonable doubt that you acted knowingly and purposefully. Accidents, mistakes, and misunderstandings are not crimes. The law distinguishes between categories of property offenses based on the nature of the conduct, the value of the property, and the presence of aggravating factors such as weapons, multiple victims, or organized schemes.

The most commonly charged property crimes in Polk, Highlands, and Hardee County courts include:

• Theft (§ 812.014) — knowingly obtaining or using another’s property with intent to deprive, at any dollar amount
• Petit Theft (§ 812.014(3)) — theft of property valued under $750; a misdemeanor with up to 1 year in jail
• Grand Theft (§ 812.014(2)) — theft of property valued at $750 or more; a felony with up to 30 years depending on value
• Retail Theft / Shoplifting (§ 812.015) — taking merchandise from a retail establishment with intent to deprive
• Dealing in Stolen Property (§ 812.019) — trafficking, selling, or fencing stolen goods knowing they are stolen
• Trespass on Structure or Conveyance (§ 810.08) — unlawfully entering or remaining in a building or vehicle
• Trespass on Land or Property (§ 810.09) — unlawfully entering or remaining on land after notice
• Armed Trespass (§ 810.09 with weapon) — trespass while armed; a third-degree felony with up to 5 years
• Criminal Mischief (§ 806.13) — willfully and maliciously damaging another’s property
• Fraud (Chapter 817) — deceptive schemes to obtain money, property, or services
• Identity Theft (§ 817.568) — using another person’s personal identifying information without consent

What Are the Penalties for Theft and Property Crimes in Florida?

Florida structures property crime penalties on a tiered scale driven primarily by the value of the property involved and the nature of the conduct.

How Is Petit Theft Sentenced in Florida?

Petit theft under § 812.014(3) covers property valued under $750. Property under $100 is second-degree petit theft: up to 60 days in jail and a $500 fine. Property between $100 and $749 is first-degree petit theft: up to 1 year in jail and a $1,000 fine. A second petit theft conviction is automatically elevated to a first-degree misdemeanor. A third theft conviction becomes a third-degree felony carrying up to 5 years in prison regardless of the value of property involved.

How Is Grand Theft Sentenced in Florida?

Grand theft under § 812.014(2) is a felony starting at $750. Third-degree grand theft ($750–$19,999) carries up to 5 years in prison and a $5,000 fine. Second-degree ($20,000–$99,999) carries up to 15 years and a $10,000 fine. First-degree ($100,000+) carries up to 30 years in state prison. Certain property types — law enforcement vehicles, cargo, fire extinguishers — trigger grand theft regardless of dollar value.

What Are the Penalties for Dealing in Stolen Property?

Dealing in stolen property under § 812.019 is a second-degree felony carrying up to 15 years in prison. Organizing or directing a stolen property network is a first-degree felony carrying up to 30 years. The state does not need to prove you personally stole the item — only that you trafficked it knowing it was stolen. This knowledge element is the primary target of an experienced defense attorney.

What Are the Penalties for Criminal Mischief?

Criminal mischief under § 806.13 is tiered by damage value. Under $200 is a second-degree misdemeanor: up to 60 days. Between $200 and $999 is a first-degree misdemeanor: up to 1 year. $1,000 or more is a third-degree felony: up to 5 years. Damage that interrupts critical infrastructure or public services — costing $1,000 or more to restore — is a third-degree felony regardless of property value. Restitution is mandatory upon conviction under § 775.089.

What Are the Penalties for Trespass and Armed Trespass?

Simple trespass under § 810.08 or § 810.09 is a first-degree misdemeanor: up to 1 year. Trespass while armed with a firearm or dangerous weapon is a third-degree felony: up to 5 years. Trespass on a posted construction site, power plant, or agricultural land can also be elevated to a felony. Location and posting requirements are decisive issues in many trespass prosecutions.

What Are the Penalties for Fraud and Identity Theft?

Identity theft under § 817.568 is a third-degree felony for a single victim (up to 5 years), a second-degree felony for 10 to 19 victims or losses of $5,000 or more (up to 15 years), and a first-degree felony for 20 or more victims or losses of $50,000 or more (up to 30 years). Scheme to defraud under § 817.034 follows similar tier progression based on amount obtained.

Why Does Board Certification in Criminal Trial Law Matter for Your Case?

“This is the highest level of recognition by The Florida Bar for the competency and experience of a lawyer practicing criminal trial law.”

— The Florida Bar

Florida Board Certification in Criminal Trial Law is awarded by the Florida Bar to less than 1 percent of Florida attorneys. To earn it, an attorney must try a substantial number of contested jury trials, demonstrate expertise in Florida criminal procedure, and pass a rigorous examination. Attorney Rodriguez has tried over 75 criminal jury trials in the 10th Judicial Circuit — full jury trials where the verdict was in the hands of twelve citizens. That institutional knowledge, built across hundreds of hearings and trials, is what separates a Board Certified trial attorney from one who simply processes pleas. It is the difference between an attorney who gets you to a plea and one who fights for the best outcome your specific facts allow.

What Defense Strategies Work Best Against Florida Theft Charges?

The most effective defenses attack the elements the prosecution must prove beyond a reasonable doubt. In every property crime case, several angles require immediate examination.

How Does Attacking Intent Help a Theft Defense?

Intent to deprive is the heart of any theft prosecution. Under § 812.014, the prosecution must prove you acted knowingly and with intent to deprive the owner permanently or temporarily. Mistake of fact — genuinely believing the item was yours or that you had permission to take it — is a complete defense. If the state cannot prove intent to steal, there is no theft. I look carefully at every fact pattern for evidence that undercuts the state’s intent theory before any other consideration.

How Does Property Valuation Affect a Theft Charge?

The dollar value of allegedly stolen property determines whether you face a misdemeanor or felony. Prosecutors routinely use inflated retail replacement values. Under Florida case law, the proper measure is fair market value at the time and place of the taking — not what it cost new. A $900 retail price item worth $150 at a pawn shop may support only a misdemeanor rather than a felony. I fight every valuation dispute aggressively because reducing value below a threshold can eliminate a felony conviction entirely.

What Role Does the Fourth Amendment Play in Theft Cases?

Evidence in property crime cases frequently comes from warrantless searches of homes, vehicles, storage units, phones, and computers. If law enforcement conducted an unlawful search without a valid warrant, consent, or recognized exception, that evidence can be suppressed. Without the physical evidence, the state often cannot prove its case. I file suppression motions in every case where constitutional violations are present.

What Are the Pre-Trial Diversion Options for First-Time Theft Offenders?

Florida’s State Attorney offices in the 10th Judicial Circuit offer diversion programs for first-time theft offenders that allow the charge to be dismissed upon completion of community service, restitution, and an anti-theft course. Diversion keeps your record clean and the charge can often be expunged. I pursue these outcomes aggressively when the facts support them. Not every defendant qualifies, but for those who do, diversion is often the best result possible.

What Happens If You Are Convicted of a Theft Crime in Florida?

A theft conviction carries consequences far beyond the criminal sentence. A felony theft conviction strips voting rights until civil rights are restored, disqualifies you from possessing firearms under both federal and state law, and creates a permanent public criminal record. A misdemeanor theft conviction still appears on background checks and is treated by employers as evidence of dishonesty. Immigration consequences for non-citizens can be catastrophic — many theft offenses are classified as crimes of moral turpitude triggering removal proceedings. Professional licensing boards routinely revoke or deny licenses. Housing applications are affected. Protecting your record from a theft conviction is worth fighting for regardless of the charge level.

What Should You Do Immediately After a Theft Arrest in Florida?

Do not speak to police. The Fifth Amendment gives you the absolute right to remain silent, even if you are innocent — use it. Invoke your right immediately: “I am invoking my right to remain silent. I want a lawyer.” Do not discuss your case with anyone except your attorney — phone calls from jail are recorded and social media posts are screenshots prosecutors use at trial. Contact a criminal defense attorney immediately. Early intervention before formal charges are filed can influence what charges are brought and at what level. Call (863) 774-4556 now. Attorney Rodriguez answers 24 hours a day, 7 days a week.

Theft and Property Crime Defense — All Practice Areas

The Rodriguez Law Office handles the full range of theft and property crime charges in the 10th Judicial Circuit:

• Theft Defense — § 812.014 Florida Statutes
• Petit Theft and Shoplifting Defense — § 812.014(3), § 812.015
• Grand Theft Defense — § 812.014(2)
• Armed Trespass Defense — § 810.09 with Weapon
• Trespass Defense — § 810.08 and § 810.09
• Criminal Mischief Defense — § 806.13
• Dealing in Stolen Property Defense — § 812.019
• Fraud Defense — Chapter 817 Florida Statutes
• Identity Theft Defense — § 817.568

Frequently Asked Questions About Theft and Property Crimes in Florida

What is the difference between petit theft and grand theft in Florida?

Petit theft under § 812.014(3) covers property valued under $750 and is a misdemeanor. Grand theft under § 812.014(2) begins at $750 and is a felony. Third-degree grand theft ($750–$19,999) carries up to 5 years. Second-degree ($20,000–$99,999) carries up to 15 years. First-degree ($100,000+) carries up to 30 years in Florida state prison. Fair market value at the time of the taking — not retail replacement cost — is the correct legal measure.

Can a theft charge affect my professional license in Florida?

Yes. Florida licensing boards for nursing, medicine, real estate, contracting, teaching, and dozens of other professions treat theft as a crime of dishonesty and moral turpitude. A conviction can trigger mandatory license review, suspension, or permanent revocation. This makes avoiding a theft conviction critically important for anyone in a licensed profession, and it is a major reason to fight the charge rather than accept a plea without exploring all options.

What is the statute of limitations for theft charges in Florida?

One year for misdemeanor theft. Three years for most felony theft. Extended periods may apply for organized theft schemes or theft of $100,000 or more. If police or prosecutors wait too long, a motion to dismiss on statute of limitations grounds may be available.

Is trespass a felony in Florida?

Simple trespass under § 810.08 and § 810.09 is a first-degree misdemeanor. It becomes a third-degree felony — up to 5 years — when the person is armed with a firearm or dangerous weapon, when an occupied structure is entered, or when specifically protected property types are involved. The specific property location and whether it was properly posted are often decisive issues.

Can I be convicted of both theft and dealing in stolen property for the same items?

No. Section 812.025, Florida Statutes, expressly prohibits dual conviction for both theft and dealing in stolen property arising from the same property or transaction. The prosecutor must elect which charge to pursue. This legislative protection prevents double punishment for a single course of conduct.

What happens to my driver’s license after a theft conviction?

Florida law can impose driver’s license suspension in certain theft scenarios. Courts may also impose restrictions as a probation condition. If your employment depends on driving, this is a critical issue to address in plea negotiations. An attorney can sometimes structure an agreement that avoids or limits license consequences.

Should I talk to police if I did not actually steal anything?

No. Do not speak to police without a lawyer present even if you are completely innocent. Invoke your right to remain silent: “I am exercising my right to remain silent and I want a lawyer.” Then call (863) 774-4556. Innocent statements are misquoted, taken out of context, or used to support charges you did not know existed. Staying silent protects you; talking to police rarely does.

How Does the Florida Criminal Punishment Code Affect Theft Sentencing?

Florida’s Criminal Punishment Code (CPC), found in § 921.002, governs felony sentencing across all property crime charges in the state. Unlike some states that impose mandatory minimum sentences for all theft offenses, Florida’s CPC uses a scoresheet system that assigns points for the primary offense, any prior criminal record, and the circumstances of the crime. The total score determines whether a prison sentence is required or whether the court has discretion to impose probation or a lesser sanction. Understanding where your scoresheet falls is essential to realistic case evaluation and plea negotiation strategy.

For a third-degree grand theft charge with no prior record, the scoresheet typically scores below the 44-point threshold that requires a minimum prison sentence — meaning probation is legally available as a disposition. However, prior theft convictions, multiple charges in the same case, or victim injury can push scores well above 44, placing a prison sentence in the guidelines range. A second-degree grand theft charge, even for a first offender, typically scores higher and may require a stronger argument for a downward departure to avoid prison. I calculate the scoresheet in every felony theft case from the first consultation so you understand exactly what exposure you face and what a realistic outcome looks like.

What Is the Difference Between a Withhold of Adjudication and a Conviction in Florida?

Florida law allows courts to withhold adjudication of guilt after a plea of guilty or no contest when the court determines a withhold is in the interest of justice under § 948.01. A withhold of adjudication means the court accepts the plea but does not formally enter a conviction. This distinction has significant practical consequences: a person who receives a withhold of adjudication on a first theft offense may still be eligible for expungement of the arrest record if they meet the statutory criteria. They also avoid some collateral consequences that attach only to formal convictions — though not all, and particularly not immigration consequences under federal law.

Withholds are not available for all theft charges. Felony theft charges of the second degree or higher, and any charge where the state objects, may not qualify. For petit theft and third-degree grand theft first offenses, negotiating for a withhold of adjudication is often a priority — it preserves the defendant’s ability to pursue expungement and reduces (though does not eliminate) employment consequences. I pursue withholds aggressively in every case where they are legally available and in the client’s interest.

How Do Theft Cases in Polk County Differ From Hillsborough or Orange County?

Each State Attorney’s Office in Florida has its own policies, practices, and charging standards that significantly affect how theft cases are prosecuted and resolved. The State Attorney’s Office for the 10th Judicial Circuit — covering Polk, Highlands, and Hardee Counties — has specific policies on diversion eligibility, plea offers for first-time theft offenders, and the threshold at which the office seeks jail time on misdemeanor theft charges. These local policies differ from those in the 13th Judicial Circuit (Hillsborough) or the 9th Judicial Circuit (Orange and Osceola).

Knowing the local practice is essential to effective defense in any county. I have tried over 75 jury trials in the 10th Judicial Circuit and have appeared before virtually every division judge in Polk County courts. I know the judges, the prosecutors, and the range of outcomes available in this courthouse. That local knowledge is something you cannot get from an attorney who practices primarily in another county or jurisdiction. It means knowing the tendencies of the prosecutors who will handle your case, the preferences of the judges who will sentence you, and the unwritten norms that govern plea negotiations.

What Evidence Does the State Typically Use in a Florida Theft Prosecution?

Property crime prosecutions in Polk County typically rely on some combination of the following categories of evidence. Physical evidence is the most common: the recovered stolen property, receipts, packaging, or financial records that connect the defendant to the theft. Surveillance footage is used in virtually every retail theft case and in many residential and commercial theft cases where cameras captured the incident or the suspect. Eyewitness testimony — from the property owner, store employees, or bystanders — is common but often contestable for reliability. Electronic evidence has become increasingly important: text messages, email records, social media posts, and cell phone location data are frequently used to place defendants at the scene, establish communications about stolen goods, or document knowledge that items were stolen. Confidential informant testimony is used in some dealing in stolen property cases where undercover operations or informant buys were conducted.

I analyze each category of evidence in your case for weaknesses, constitutional vulnerabilities, and reliability challenges. The strongest defenses often combine multiple attack points — the identification was unreliable, the search was unconstitutional, and the value was overstated — rather than relying on a single defense theory. The more defense angles I can develop and credibly present, the more pressure on the prosecution to offer a better resolution or risk losing at trial.

When Should You Go to Trial on a Florida Theft Charge?

Most criminal cases resolve through plea negotiations, and most theft cases are no different. But plea negotiation and trial readiness are not alternatives — they work together. Prosecutors offer their best deals to defendants whose attorneys are genuinely prepared to go to trial and have a credible case to present. An attorney who never tries cases has no leverage in plea negotiations. My record of over 75 jury trials in the 10th Judicial Circuit is precisely what gives me the credibility and leverage that translates into better plea offers for clients who ultimately decide not to go to trial.

The decision to go to trial on a theft charge depends on several factors: the strength of the state’s evidence, the quality of available defenses, the realistic range of trial outcomes versus plea offers, and the individual client’s risk tolerance and personal circumstances. In cases with serious Fourth Amendment violations, unreliable identifications, genuinely contested intent, or significantly overstated property values, trial is often the right choice. I give every client my honest assessment of their trial prospects and the full range of likely outcomes — not what they want to hear, but what the evidence and law actually support. That honest assessment is the foundation of every important decision in your case.