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Skilled Defense Attorneys Dedicated to Your Case

Melbourne Theft Crime Defense Attorneys

Facing Charges for Theft? Call (321) 360-4446 for Strong Defense!

Theft is a serious crime in Florida that can lead to serious consequences. If you are convicted of theft, you could face a prison sentence, thousands of dollars in fines, and a permanent criminal record. If you are a first-time offender, the court may be able to waive the adjudication of your case, but only if you work with a qualified theft crimes lawyer. If you are facing charges for theft, it is critical that you retain the services of a skilled criminal defense attorney as soon as possible.

Facing Theft Charges? Don’t risk your future—contact us today for a strong defense. Call (321) 360-4446 now for a free consultation.

What Is Considered Theft Under Florida Law?

Florida law defines theft as the unlawful taking or carrying away of property from the owner. Depending on the circumstances, theft can be charged as either a misdemeanor or a felony. Theft can be charged as grand theft if the property stolen is valued at $300 or more, or petit theft if the property stolen is valued at $100 or less. Theft crimes include shoplifting, embezzlement, fraud, burglary, and robbery, among others.

Penalties for Theft in Florida

If you are convicted of theft, you may face the following penalties:

Misdemeanor — Up to one year in jail and $1,000 in fines
Felony — Up to 5 years in prison and $5,000 in fines
Super-aggravated felony — Up to 30 years in prison and $10,000 in fines

How Does the Prosecutor Prove Theft in Court?

In order to convict you of theft, the prosecutor must prove that you unlawfully took or carried away the property of another person. In most cases, the prosecutor will try to prove that you took the property without the owner's permission. However, the law also considers it theft if you take the property of another person without permission even if you have the owner's permission to use the property. In either case, you can be charged with theft even if you have the owner's permission to use the property if you do not return the property when you no longer need it.

In order to convict you of theft, the prosecutor must also prove that you intended to permanently deprive the owner of the property at the time you took or carried away the property.

How Our Theft Crime Lawyers Can Help

As seasoned criminal defense attorneys, our theft crime attorneys in Melbourne, FL can help you fight theft charges. We can help you challenge the evidence against you and work to protect your rights. We understand that your freedom is at stake, and we will do everything we can to help you avoid the serious penalties associated with theft convictions.

Understanding Larceny Charges in Melbourne, FL

Larceny is a significant issue in Melbourne due to the city's active business districts and community spaces. Theft-related crimes can impact local businesses, such as Melbourne Square Mall and Downtown markets, as well as residents in shared living spaces or community areas. A larceny charge can have lasting consequences, affecting employment opportunities, personal reputation, and financial stability.

The Brevard County Sheriff's Office actively works to combat theft and provides resources for both victims and those accused. Additionally, local government programs offer theft prevention education and legal rights awareness, helping residents understand their options if they face charges.

Larceny charges can lead to serious penalties, including fines, jail time, and a permanent criminal record. Even a misunderstanding or minor offense can result in legal trouble that impacts your future. If you’re facing accusations, it’s crucial to have a knowledgeable attorney who understands Florida’s theft laws and can build a strong defense. Having legal representation can make a significant difference in protecting your rights and minimizing potential consequences.

Types of Theft Crimes in Florida

Theft crimes in Florida can range from minor offenses to serious felonies. Understanding the different types of theft charges can help you determine what you are facing and how to defend yourself.

Shoplifting – Taking merchandise from a store without paying. Even small items can lead to criminal charges.
Burglary – Illegally entering a home, business, or vehicle with the intent to commit a crime.
Robbery – Using force, threats, or intimidation to steal from someone. This is more severe than simple theft.
Car Theft (Grand Theft Auto) – Stealing or unlawfully taking another person’s vehicle.
Identity Theft – Using someone else's personal information, like Social Security numbers or credit card details, to commit fraud.
Credit Card Fraud – Illegally using another person’s credit or debit card for financial gain.
Embezzlement – When an individual trusted with money or property (like an employee) misuses it for personal gain.
Receiving Stolen Property – Possessing or buying items that you know (or should have known) were stolen.

Defenses Against Theft Charges

Being accused of theft doesn’t automatically mean a conviction. There are several legal defenses that can help reduce or dismiss the charges:

Lack of Intent – If you didn’t intend to steal, you may have a strong defense.
Mistaken Identity – False accusations or being wrongly identified can happen, especially in crowded areas.
Ownership Dispute – If you believed the property was yours, this could be a valid defense.
Entrapment – If law enforcement pressured or tricked you into committing theft, this could be a defense.
Insufficient Evidence – If the prosecutor lacks solid proof, your case may be dismissed.
Returning the Property – While not a full defense, returning stolen property may reduce penalties.

Impact of a Theft Conviction on Your Future

A theft conviction can have long-term consequences beyond legal penalties:

Employment Issues – Many employers run background checks, and a theft conviction can make it harder to find a job.
Professional Licenses – If you work in healthcare, finance, or other licensed fields, a conviction could impact your ability to keep your license.
Immigration Consequences – Non-citizens may face deportation or visa issues due to theft charges.
Housing & Loans – Landlords and lenders may deny applications due to a criminal record.

If you’re facing theft charges, it’s important to act quickly. A strong legal defense can help protect your future.

Frequently Asked Questions (FAQ) About Theft Crimes in Florida

What should I do if I’m arrested for theft?

If you’re arrested for theft, stay calm and do not resist. Avoid answering any questions from law enforcement without a lawyer present. Even if you believe you can explain the situation, anything you say can be used against you in court. As soon as possible, contact a criminal defense attorney to protect your rights and start building your defense.

Can I be charged with theft if I accidentally took something?

Yes, you could still face charges, but the prosecution must prove that you intended to steal. If you mistakenly walked out of a store with an item or borrowed something thinking it was yours, your attorney can argue that there was no criminal intent, which is a key element in theft cases.

What’s the difference between theft, robbery, and burglary?

Theft is simply taking someone else’s property without permission. Robbery, however, involves force, intimidation, or threats while committing theft. Burglary is when someone unlawfully enters a building, home, or vehicle with the intent to commit theft or another crime. Each offense carries different penalties, with robbery and burglary typically being more serious.

Will I go to jail for a first-time theft offense?

Not necessarily. The outcome depends on the severity of the offense, the value of the stolen property, and your criminal history. First-time offenders may qualify for a diversion program, which allows them to complete community service or a rehabilitation program instead of serving jail time. A strong legal defense can also help minimize or dismiss the charges.

How long does a theft charge stay on my record?

A theft conviction can stay on your record permanently and impact employment, housing, and more. However, some cases may be eligible for record sealing or expungement, which would remove or limit public access to your criminal record. Your attorney can determine if you qualify for this process.

What is a diversion program, and can I qualify?

Diversion programs are designed for first-time, non-violent offenders. If eligible, you may be required to complete community service, counseling, or restitution payments. Upon successful completion, your charges may be reduced or dropped, keeping your record clean. Eligibility depends on the nature of the crime and your prior history.

Can a theft charge be dropped?

Yes, in some cases. A theft charge may be dismissed if there is insufficient evidence, mistaken identity, or if the alleged victim does not wish to press charges. Additionally, your attorney may negotiate for lesser charges or even case dismissal if you return the stolen property or make restitution.

Need Legal Help Fast? Our experienced attorneys are available 24/7. Contact us at (321) 360-4446 to protect your rights!

No Incarceration Mr. R. was a member of a group of boys alleged to have committed the racially motivated “Pizza Hut” homicide. Indicted for murder, the firm’s partners successfully negotiated a resolution that resulted in no incarceration for Mr. R. “Pizza Hut” Homicide Homicide
Dismissed Woman charged with 10 counts of Lewd and Lascivious Acts Upon a Child and 2 counts of felony Interference With Custody. On the eve of trial, partners successfully negotiated a misdemeanor resolution with no penalty. The government dismissed all 10 counts of Lewd and Lascivious Acts Upon a Child and all other felonies. 10 Counts of Lewd and Lascivious Acts upon a Child and 2 Counts of Felony Interference with Custody. Sex Crimes
Dismissed The country’s largest cattle dealer, Mr. P. and his company, Anthony Livestock, was charged by the Federal Government in an 13 count indictment. The indictment alleged a scheme to defraud numerous cattle feeding companies over a 5 year period. After the initial indictment and 4 superseding indictments later, Mr. P. continued to maintain his innocence. After selecting the jury and cross examining the Governments witnesses, at the close of the Governments case, the lawyers of Funk, Szachacz & Diamond fashioned an argument to dismiss the remaining Wire Fraud count. The former Chief Judge of the U.S. District Court of Kansas heard arguments and agreed with the firm that the case should be dismissed in its entirety. Mr. P. remains free of any convictions today 13 Count Indictment Federal Crimes
Dismissed Mr. G. was the target of a massive investigation by the Office of the Statewide Prosecution. The Government was alleging a 15 county fraud throughout Florida as a result of three devastating hurricanes. The Brevard County Sheriff’s Office assigned an Agent to work full-time to investigate Mr. G. After the firm took the unusual step of calling the Agent and the Assistant Statewide Prosecutor as witnesses in a pre-trial hearing and after demanding a speedy trial, the Government abandoned its prosecution on the morning of trial thereby completely exonerating Mr. G. 15 County Fraud Throughout Florida White Collar/ Fraud
Acquitted A NASA Quality Assurance Specialist working in the Space Shuttle Program, Mr. T. was charged in a unique federal indictment alleging 166-counts of Fraud Involving Space Vehicle Parts. He was first accused shortly after the Space Shuttle Columbia disaster. Facing 1,600+ years in federal prison, Mr. T. demanded his trial. Mr. T. was acquitted of all 166 crimes he was accused of by the Federal Government. 166-Counts of Fraud Involving Space Vehicle Parts Federal Crimes
Dismissed An astute businessman, Mr. B. was charged by the Federal Government in an 18 count indictment. The indictment was the first of its kind in the U.S. alleging a 42 million dollar fraud involving the Federal Lifeline Program, some calling it the "Obamaphone" prosecution. The indictment included charges of Conspiracy to Commit Wire Fraud, Wire Fraud, Conspiracy to Commit Money Laundering, Monetary Transactions Involving Unlawful Property, Mail Fraud and Money Laundering. The Washington D.C. based investigation culminated in the collection and production of 2.4 million documents. The U.S. District Court declared the prosecution "complex, as a matter of law." Maintaining his innocence from the day Mr. B. was referred to the firm, Mr. B. demanded a jury trial. After two superseding indictments, Mr. B. continued to maintain his innocence. After extensive pre-trial litigation, including accusations of Governmental misconduct and on the eve of trial, the Government abandoned all charges except Mail Fraud. After selecting the jury and cross examining the Governments witnesses, at the close of the Governments case, the lawyers of Funk, Szachacz & Diamond fashioned an argument to dismiss the Mail Fraud. The Chief Judge of the U.S. District Court heard arguments and agreed with the firm that the case should be dismissed in its entirety. Mr. B. successfully recovered all of his seized assets and remains free of any convictions today. 18 Count Indictment Federal Crimes
No Incarceration The son of a prominent doctor, Mr. M. was arrested and charged with a 1st degree felony driving crash that resulted in death. Facing 30 years in prison, the firm investigated and garnered a sentence involving no incarceration for young Mr. M. 1st Degree Felony Homicide
Acquitted Dubbed the "Black Widow" by the government; Ms. S. was accused of 1st degree murder for the death of her 5th husband. After the attorneys conducted 3 years of consultation with experts, 100+ depositions and investigation in 5 countries, Ms. S. requested a jury trial. She had her trial and was acquitted of 1st degree murder, walking out of the courtroom a free woman. 1st Degree Murder Homicide
Dismissed A prominent home builder, Mr. J. was arrested and formally charged by the Office of the State Attorney with 1st degree Organized Fraud, Felony False Statement and 2nd degree Felony Misapplication of Funds. After the firm conducted a massive 3.5 year pre-trial investigation and amid an ABC News exposé on Mr. J., the Government dismissed all counts. 1st Degree Organized Fraud, Felony False Statement and 2nd Degree Felony Misapplication of Funds. White Collar/ Fraud
Dismissed Mr. C. was arrested and charged with 2 counts of Willful Malicious Burning of Lands in the infamous Mothers Day fires in Palm Bay, Florida which resulted in 12,000 acres burning and over 180 homes either destroyed or damaged. Amidst national press coverage and intense media scrutiny, the lawyers of the firm immediately came to Mr. C.’s defense. After conducting its own investigation and consulting with the Office of the State Attorney, the Government dismissed all charges against Mr. C. and publicly stated that there was insufficient evidence against Mr. C. 2 Counts of Willful Malicious Burning of Lands in the Infamous Mothers Day Fires in Palm Bay, Florida Other Cases

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