Theft crimes in Florida, like elsewhere in the state, are governed by a detailed legal framework that classifies offenses based on the value of stolen property, the nature of the crime, and specific circumstances, such as whether it occurred during a state of emergency. For residents of Stuart, a vibrant coastal community in Martin County, understanding these classifications is crucial, whether you’re a business owner dealing with shoplifting, a resident facing accusations, or someone seeking to stay informed about local laws. 

What Is Theft Under Florida Law?

Under Florida Statute Section 812.014, theft is defined as knowingly obtaining or using, or attempting to obtain or use, another person’s property with the intent to temporarily or permanently deprive the owner of their rights to the property or to appropriate it for the offender’s use or another unauthorized person’s benefit. This definition encompasses a wide range of actions, including:

  • Physically taking items, such as stealing a wallet from a Stuart beachgoer.
  • Obtaining property through fraud, like using a fake check at a local business.
  • Unauthorized use, such as tapping into a neighbor’s cable service without permission.

Theft is a “specific intent” crime, meaning the prosecution must prove the defendant acted with deliberate intent to steal. For instance, accidentally walking off with someone else’s shopping bag from a Stuart grocery store, mistaking it for your own, does not constitute theft due to the absence of intent.

Theft Classifications in Florida

Florida categorizes theft into two main types: petit theft and grand theft, with subdivisions based on property value and circumstances. These classifications carry different penalties, which can significantly impact residents of Stuart, from fines to imprisonment.

Petit Theft

Petit theft involves property valued at less than $750 and is divided into two degrees:

  • Second-Degree Petit Theft: Applies to property valued at less than $100. This is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. For example, shoplifting a low-cost item from a downtown Stuart boutique could fall under this category.
  • First-Degree Petit Theft: Involves property valued at $100 or more but less than $750, or if the offender has a prior theft conviction. This is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Stealing a moderately priced electronic from a Stuart retailer could trigger this charge.

Beyond jail time and fines, petit theft convictions may lead to a driver’s license suspension (up to six months for a first offense, one year for subsequent offenses) and civil liability. Offenders may be required to pay up to three times the value of the stolen property or $200, whichever is greater, plus the victim’s legal fees.

Grand Theft

Grand theft applies to property valued at $750 or more and is divided into three degrees, each with increasingly severe penalties:

  • Third-Degree Grand Theft: Involves property valued between $750 and $19,999, or specific items like motor vehicles, firearms, or emergency medical equipment valued at $300 or more. This is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. For example, stealing a car parked along Stuart’s U.S. Highway 1 could result in this charge.
  • Second-Degree Grand Theft: Covers property valued between $20,000 and $99,999, cargo valued at less than $50,000 in interstate commerce, or theft during a declared state of emergency (e.g., looting during a hurricane). It also includes coordinated thefts where the stolen property exceeds $3,000. This is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.
  • First-Degree Grand Theft: Involves property valued at $100,000 or more, cargo valued at $50,000 or more, or theft involving a motor vehicle used as an instrument of the crime that causes over $1,000 in damage. This is a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000.

Special Circumstances in Stuart

Stuart’s coastal location makes it susceptible to hurricanes, which can lead to states of emergency. Theft during such periods, such as looting a business during a power outage, is treated as a first-degree felony due to the exploitation of vulnerable conditions. 

Additionally, theft from elderly or disabled individuals, common in Stuart’s retiree-heavy community, may fall under Florida Statute Section 825.103, leading to enhanced penalties if the victim’s vulnerability is proven.

Retail theft, or shoplifting, is a concern for local businesses, particularly in high-traffic areas like downtown or along Southeast Federal Highway. Shoplifting follows the same penalties as petit theft, but repeat offenders or group thefts (e.g., coordinated shoplifting using social media) can elevate charges to felonies.

Key Legal Terms for Stuart Residents

To navigate theft-related issues, it’s helpful to understand key legal terms:

  • Specific Intent: The prosecution must prove the defendant knowingly and intentionally stole the property. For example, borrowing a neighbor’s boat in Stuart without permission may not be theft if the borrower believed they had consent.
  • Property: Includes tangible items (e.g., jewelry, electronics) and intangible assets (e.g., data or intellectual property).
  • Value: Determined by the market value at the time and place of the offense. For instance, the value of a stolen item from a Stuart pawn shop would be based on its current market price.
  • Cargo: Relevant for theft involving shipments, such as goods moving through Stuart’s port areas.
  • Dealing in Stolen Property: Defined under Florida Statute Section 812.019, this involves trafficking stolen goods, a second- or first-degree felony depending on the scale.

Defenses to Theft Charges

  • Lack of Intent: If the defendant believed they had a right to the property, such as borrowing a tool with perceived permission, they may not be guilty.
  • Consent: Permission from the property owner can negate a theft charge, as seen in D.R. v. State.
  • Mistaken Identity: An alibi or evidence proving the defendant was not involved can challenge the prosecution’s case.
  • Involuntary Intoxication: If the defendant was unknowingly under the influence of a substance, this may be a defense, though voluntary intoxication is not.

Conclusion

Theft charges in Florida can carry serious consequences. Understanding the law is key and having the right legal team makes all the difference. If you’re facing charges in Stuart, call ADL Law, P.A. at (772) 277-7764 for a confidential consultation. We’re here to protect your rights and guide you forward.

 

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.