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Theft & Fraud Defense

Miami Theft & FraudDefense Attorney

Florida theft and fraud cases turn on intent and dollar amount. The same alleged conduct can be a misdemeanor, a felony, or a federal indictment. The defense work has to address all three potential charging layers.

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Records get subpoenaed early. Bank records, emails, surveillance, and communications are pulled at the start of an investigation. What gets preserved or destroyed in the first 48 hours can shape the entire case.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Florida Theft Charging Structure

Three Charging Layers for Theft and Fraud

A single set of facts in a Florida theft or fraud case can be charged in three different ways depending on dollar amount, records, and jurisdiction. Defense work has to anticipate all three layers from day one.

01

Misdemeanor Petit Theft

Allegations under $750 charged under § 812.014(2)(e) or (3). Tried in Miami-Dade County Court. Diversion and withhold of adjudication are often available.

02

Felony Grand Theft

$750 or more, or specific property categories like firearms or motor vehicles. Felony exposure under § 812.014(2). Tried in Miami-Dade Circuit Court.

03

Federal Wire or Mail Fraud

18 U.S.C. § 1341 (mail fraud) and § 1343 (wire fraud) attach when interstate elements are involved. Up to 20 years per count in U.S. District Court.

Florida Statute § 812.014

Florida Theft Dollar Thresholds

Florida theft classification is driven by dollar amount. Crossing a threshold by even one dollar can change a misdemeanor to a felony, or a felony to a more serious one. Valuation is litigated, and aggregation is challengeable.

$750
Misdemeanor to Felony

3rd-Degree Felony Threshold

Crossing $750 turns petit theft into grand theft 3rd-degree. Up to 5 years prison exposure.

$20K
3rd to 2nd Degree

2nd-Degree Felony Threshold

Above $20,000 becomes grand theft 2nd-degree. Up to 15 years prison exposure.

$100K
2nd to 1st Degree

1st-Degree Felony Threshold

Above $100,000 becomes grand theft 1st-degree. Up to 30 years prison exposure.

Florida Theft Penalty Framework

Penalties Under § 812.014 and Related Statutes

Florida theft charges are tiered by dollar amount and property type. Specific property categories such as firearms or motor vehicles can elevate charges regardless of value.

Charge
Classification
Prison Exposure
Statute
Petit Theft 2nd-DegreeLess than $100
2nd-degree misdemeanor
Up to 60 days
§ 812.014(3)(a)
Petit Theft 1st-Degree$100 to less than $750
1st-degree misdemeanor
Up to 1 year
§ 812.014(2)(e)
Grand Theft 3rd-Degree$750 to less than $20,000
3rd-degree felony
Up to 5 years
§ 812.014(2)(c)
Grand Theft 2nd-Degree$20,000 to less than $100,000
2nd-degree felony
Up to 15 years
§ 812.014(2)(b)
Grand Theft 1st-Degree$100,000 or more
1st-degree felony
Up to 30 years PRR Eligible
§ 812.014(2)(a)
Identity TheftUse of personal identification
Felony (degree by amount)
Up to 30 years
§ 817.568
Communications FraudFlorida Communications Fraud Act
Felony (degree by amount)
Up to 30 years
§ 817.034
Federal Wire FraudInterstate communications
Federal felony
Up to 20 years Per Count
18 U.S.C. § 1343

Summary of Florida Statutes Chapter 812 and related provisions. Not legal advice. Penalties vary by specific charge, prior record, property type, statutory enhancements, and federal sentencing factors. PRR refers to the Florida Prison Releasee Reoffender statute.

Defense Approach

How a Theft or Fraud Case Gets Defended

Most theft and fraud cases are not won at trial. They are resolved earlier, through pre-charge declination, valuation challenges, intent challenges, or negotiated dispositions involving restitution. The defense work that gets to those outcomes happens in four areas.

Intent and the four elements. Florida Statute § 812.014 requires the state to prove four elements beyond a reasonable doubt: that the person acted knowingly, that property was actually obtained or used, that the property belonged to another, and that there was intent to deprive the owner. Mistake of fact, claim of right, contractual disputes, and good-faith misunderstandings can all defeat the intent element. Theft is not an accident or a billing dispute. Fraud requires intent to deceive plus material misrepresentation that was actually relied upon.

Valuation and aggregation. Florida theft is tiered by dollar amount, and crossing a threshold by even one dollar can change a misdemeanor into a felony. Valuation is litigated. Prosecutors sometimes aggregate multiple smaller transactions to push the total over a felony threshold, but the state must prove the transactions were part of a single scheme or course of conduct. Challenging valuation, contesting aggregation, and disputing how loss is calculated can drop a 1st-degree felony to a 3rd-degree felony, or a felony to a misdemeanor.

Records and federal jurisdiction. Theft and fraud cases are built on documents: bank statements, transaction records, emails, contracts, surveillance video, audit reports. Comprehensive records review is foundational. Federal jurisdiction can attach when interstate communications, U.S. mail, banks, or federally regulated entities are involved. Wire fraud (§ 1343) and mail fraud (§ 1341) are charged in counts that can stack rather than merge, with up to 20 years per count.

What to do in the first 48 hours. Do not talk to investigators, fraud-unit detectives, or former employer HR. Do not return property to make it right; that can be used as an admission of intent. Preserve all records and communications, including older material. Stay off social media. Document your version of events privately for counsel only. Engage counsel before charges are filed. Pre-charge representation can shape how the State Attorney's Office charges, declines, or diverts a case. Once charges are filed, options narrow.

Common Questions

Frequently Asked Questions

What is the difference between petit theft and grand theft in Florida?+
Petit theft involves property valued under $750 and is a misdemeanor. Grand theft involves property valued at $750 or more and is a felony. The classification of grand theft escalates at $20,000 (2nd-degree felony) and $100,000 (1st-degree felony). Specific property categories like firearms or motor vehicles can elevate the charge regardless of value.
Can a theft charge be dropped if I pay back the money?+
Restitution by itself does not dismiss a criminal charge, but it can affect prosecutorial decisions and sentencing. Pre-charge restitution coordinated through counsel can sometimes lead to declination or diversion. Post-charge restitution is often a key part of plea negotiations. Acting alone, however, can be used against you and is not recommended.
What is the difference between theft and fraud?+
Theft involves taking property without consent. Fraud involves obtaining property through deception, false statements, or false pretenses. Theft is charged under Florida Statute § 812.014. Fraud is charged under various statutes including § 817 and federal fraud statutes. The defense strategy differs because the state's burden of proof is different.
When does a Florida theft case become a federal fraud case?+
When the alleged conduct involves interstate communications (wire fraud, 18 U.S.C. § 1343), use of the U.S. mail (mail fraud, § 1341), federal agencies, banks, or interstate transactions, federal jurisdiction can attach. The U.S. Attorney's Office can adopt cases that look like state matters when these jurisdictional triggers are present.
What is the Florida Communications Fraud Act?+
The Florida Communications Fraud Act, § 817.034, criminalizes schemes to defraud through communications including phone, mail, internet, or any other means of communication. Penalties scale by amount, similar to theft tiers. The act gives state prosecutors a parallel tool to federal wire and mail fraud statutes.
Can theft charges be sealed or expunged in Florida?+
Some theft and fraud cases that resolve without a conviction may be eligible for record sealing or expungement under Florida law. Eligibility depends on the specific charge, how the case resolved, and prior record. Some charges and certain dispositions are not eligible. Each case requires individual analysis.
Should I talk to police or fraud investigators if they call?+
No. Statements made before a lawyer is involved often become the strongest evidence against the accused, especially in records-driven cases where intent is the central question. Politely decline to answer questions and request to speak with an attorney before saying anything else.
What is the statute of limitations for theft and fraud in Florida?+
Florida statutes of limitation under § 775.15 generally are: 2 years for misdemeanors, 3 years for 3rd-degree felonies, 4 years for 2nd-degree felonies, and 4 years for many 1st-degree felonies (with exceptions). Federal fraud statutes generally have a 5-year limitations period under 18 U.S.C. § 3282. Specific charges, tolling events, and continuing-offense doctrines can change these periods.
What is aggregation in a Florida theft case?+
Aggregation is when prosecutors add up multiple smaller alleged transactions to push the total over a felony threshold. Florida law allows aggregation in some circumstances, but the state must prove the transactions were part of a single scheme or course of conduct. Challenging aggregation can drop charges from felony to misdemeanor levels.
Do you handle theft and fraud cases outside Miami?+
Yes. The firm represents clients across Miami-Dade County and throughout South Florida. Federal fraud cases are handled in the Southern and Middle Districts of Florida.
Related Defense Areas

Related Criminal Matters

Theft and fraud cases frequently overlap with other charges. Each related area carries its own defense framework and potential exposure.

Federal Crimes

State theft and fraud cases routinely become federal cases when interstate elements attach. Wire fraud and mail fraud counts can stack with up to 20 years per count.

Learn More →

Drug Charges

Prescription fraud, drug-related theft, and healthcare fraud cases often combine theft and drug charges. Defense strategy has to address both.

Learn More →

Violent Crimes

Robbery is theft combined with force or threat. Many cases initially charged as theft can be re-charged as robbery if confrontation is alleged, escalating exposure substantially.

Learn More →

General Criminal Defense

For cases that do not fit one charge category, are still developing, or involve overlapping issues alongside the theft or fraud allegation.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Records get subpoenaed, statements get taken, and charging decisions get made fast. Pre-charge representation can shape the trajectory of the case.

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