Daytona Beach Theft Crimes Lawyer

Accused of Theft? Start With These Steps

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What you do after a theft accusation matters. Before trying to resolve the situation yourself:

• Do not sign statements. Store loss-prevention staff and employers may ask for a written statement or admission. You can decline until you have spoken with a lawyer.
• Let your lawyer handle repayment discussions. Offers to pay for or return property should go through counsel so they are not treated as admissions.
• Keep receipts and records. Save receipts, bank records, messages, and anything showing ownership, permission, or value.
• Write down what happened. Note the date, the time, who was present, and what was said.
• Gather your paperwork. Have the notice to appear or arrest paperwork, case number, and court date available when you call.

Why Choose Daytona Defense?

Personal Attention When You Need Clear Answers

Some theft accusations grow out of workplace disputes, shared property, or a moment of confusion at a checkout. We take the time to hear your side, explain what the prosecution alleges, and walk through what each decision means for your record.

Experienced Florida Criminal Defense

Our founder has been licensed to practice law in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating. Daytona Defense handles misdemeanor and felony theft charges, from first-time shoplifting accusations to grand theft. Meet our founder to learn more about the experience behind our approach.

Clear Fees and Payment Options

Daytona Defense offers flat-fee representation, payment plans, and no separate trial fee. Your fee does not change based on how long the case takes, so the decision to go to trial can be made on the merits rather than on cost. Ask about the fee for your case during your free consultation.

How Does Florida Define Theft?

Under Florida Statutes § 812.014, a person commits theft by knowingly obtaining or using, or trying to obtain or use, another person’s property with the intent to deprive the owner of a right to the property or its benefit, or to take it for their own use or someone else’s use. The intent can be temporary or permanent.

Theft covers more than shoplifting. Depending on the facts, it can include taking property from an employer, misusing money entrusted to you, or keeping property you were supposed to return. Retail theft is also addressed separately in § 812.015.

The value of the property generally determines whether the charge is a misdemeanor or a felony. Certain property, such as a firearm or a motor vehicle, can be charged as grand theft regardless of its value.

How Is Property Value Determined?

Under § 812.012, value generally means the market value of the property at the time and place of the offense. When that cannot be determined, the law allows the cost of replacing the property within a reasonable time after the offense. The State must prove value, and a price tag or an owner’s estimate is not always accurate.

What Happens After a Theft Arrest?

Many misdemeanor theft cases begin with a notice to appear rather than a custodial arrest. Felony theft cases usually begin with an arrest and a first appearance before a judge.

Release Conditions and Stay-Away Orders

The court may order you to stay away from the store, business, or person involved. Read your release paperwork carefully and follow every condition until the court changes it.

The Decision to File Charges

The prosecutor decides whether to file or continue the criminal case. In Volusia and Flagler counties, prosecutions are handled by the State Attorney’s Office for Florida’s Seventh Judicial Circuit. A store’s or alleged victim’s wishes do not, by themselves, determine the outcome.

Evidence Review and Resolution

Once charges are filed, the defense can evaluate the prosecution’s evidence and available legal challenges. Depending on the case, the next steps may involve motions, negotiations, a diversion program, or trial preparation. A dismissal, reduced charge, or negotiated resolution may be possible in some cases, but none can be promised.

What Are the Penalties for Theft in Florida?

The possible sentence depends on the value of the property, the type of property, where it was taken from, and your prior record. The following examples explain why the exact charge on your paperwork matters.

Petit Theft

Theft of property worth less than $100 is a second-degree misdemeanor, carrying up to 60 days in jail and a $500 fine. Property worth $100 to less than $750 is a first-degree misdemeanor, carrying up to one year in jail and a $1,000 fine. A petit theft with one prior theft conviction is a first-degree misdemeanor, and a petit theft with two or more prior theft convictions is a third-degree felony.

Grand Theft

Theft of property worth $750 to less than $20,000 is generally grand theft of the third degree, carrying up to five years in prison and a $5,000 fine. Property worth $20,000 to less than $100,000 is a second-degree felony, and $100,000 or more is a first-degree felony. Under a 2024 change to the law, taking property worth $100 or more from a dwelling or its unenclosed curtilage can also be charged as third-degree grand theft.

Retail Theft and Aggregation

Under § 812.015, separate retail thefts can be combined in some situations to reach a felony threshold. Current law allows certain retail thefts committed within a 120-day period to be aggregated. The court can also order restitution and, in some cases, suspend a driver’s license for a petit theft conviction.

A theft conviction can create lasting problems because theft is treated as a crime of dishonesty. That can affect employment, professional licensing, and credibility as a witness in future proceedings. These consequences are a reason to review the full impact of a proposed plea before accepting it.

How a Theft Defense Is Built

A loss-prevention report or police report is a starting point for investigation. It is not the entire case. Our defense review looks at the accusation, the available evidence, and the legal requirements for the offense charged.

Look Beyond the Incident Report

Depending on what exists and can lawfully be obtained, relevant evidence may include surveillance video, receipts, register and inventory records, employer records, bank statements, messages, and witness accounts. Video often shows a sequence of events that a written report leaves out.

Evaluate the Defense That Fits the Facts

• Lack of intent: Theft requires intent. A misunderstanding, an honest mistake, or a belief that you had permission may be relevant.
• Claim of right: A good-faith belief that the property was yours or that you were entitled to use it can be a defense in some cases.
• Value challenges: If the State overstates the value, the charge may be reduced from a felony to a misdemeanor or from one degree to a lower one.
• Identification issues: Video quality, witness descriptions, and how you were identified can be tested.
• Evidence and constitutional issues: The defense can assess whether statements and evidence were lawfully obtained and whether the prosecution can establish each element.

No single strategy fits every case. We explain the strengths, weaknesses, and practical options so you can participate in decisions about your defense.

Restitution and Civil Demand Letters Are Different Matters

In the criminal case, the court can order restitution for losses caused by the offense under § 775.089. That is separate from any civil claim. Under Florida’s civil theft statute, § 772.11, a person claiming a theft loss must send a written demand before filing a civil suit for triple damages, which is why some people receive demand letters from a store or its attorneys.

Paying a civil demand does not automatically end a criminal case, and a criminal resolution does not automatically end a civil claim. Give any demand letter to your lawyer before responding or paying.

Theft Defense FAQs

Office visits by appointment. Call (386) 230-3347