Miami Theft & Fraud Defense Attorney
Florida theft and fraud cases across Miami-Dade and South Florida turn on intent and dollar amount. The same alleged conduct can be charged as a misdemeanor, a felony, or a federal indictment depending on the records, the amount, and the jurisdiction. The defense work has to engage all three possibilities early.
Frequently Asked Questions
What is the difference between petit theft and grand theft in Florida?+
Can a theft charge be dropped if I pay back the money?+
What is the difference between theft and fraud?+
When does a Florida theft case become a federal fraud case?+
What is the Florida Communications Fraud Act?+
Can theft charges be sealed or expunged in Florida?+
Should I talk to police or fraud investigators if they call?+
What is the statute of limitations for theft and fraud in Florida?+
What is aggregation in a Florida theft case?+
Do you handle theft and fraud cases outside Miami?+
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. The charging decision often happens before counsel is involved, which is why pre-charge work matters.
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.
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.
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 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.
3rd-Degree Felony Threshold
Crossing $750 turns petit theft into grand theft 3rd-degree. Up to 5 years prison exposure.
2nd-Degree Felony Threshold
Above $20,000 becomes grand theft 2nd-degree. Up to 15 years prison exposure.
1st-Degree Felony Threshold
Above $100,000 becomes grand theft 1st-degree. Up to 30 years prison exposure.
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.
Summary of Florida Statutes Chapter 812 and related provisions. Penalties vary by specific charge, prior record, property type, statutory enhancements, and federal sentencing factors. PRR refers to the Florida Prison Releasee Reoffender statute.
How a Theft or Fraud Case Gets Defended
Theft and fraud cases turn on three things: intent, dollar amount, and what the records really show. Defense work that gets to a good outcome usually engages on all three.
Intent and the Elements
Florida Statute § 812.014 requires the state to prove four elements beyond a reasonable doubt: that the person acted knowingly, that property was 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 relied upon.
Crossing a threshold by even one dollar can change a misdemeanor into a felony.
Valuation and Aggregation
Florida theft is tiered by dollar amount, and a single dollar over a threshold changes the charge. 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.
The First 48 Hours
What happens in the first 48 hours after a theft or fraud allegation matters substantially. Statements made before counsel is involved often become the strongest evidence at trial. Returning property to "make it right" can be used as an admission of intent. Records and communications, including older material, should be preserved (not destroyed). Social media activity should stop. Pre-charge representation can shape how the State Attorney's Office charges, declines, or diverts a case, and once charges are filed, the available options narrow. See our full Bail and Bond Guide and Criminal Case Timeline.
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 →Direct attorney access at (305) 774-7000
Charging decisions in theft and fraud cases get made fast, often before counsel is involved. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
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