Orlando Theft Lawyer

Defining Florida Larceny Laws

The word, larceny, literally means theft. The word is most likely derived from the Latin word, latrocinium, which refers to the term, robber. The definition of larceny involves moving the item being stolen, whether it is moved a very small distance or completely out of the area is not important. Often it is in proving the obvious intent of the thief to take possession of an item that results in a verdict of larceny.

Larceny is committed when anyone takes an item of any value, with taking possession of valuable items being considered grand larceny. Petty theft is committed on a much larger scale, with shoplifting being the most common occurrence. Most people have committed larceny at some point in their life, and may have not realized they were committing a crime. For example, if an employee takes an inexpensive item from their workplace for their own use, they have committed larceny.

Penalties for Misdemeanor Larceny in Florida

Petty theft is a misdemeanor offense for larceny of goods less than $300. In Florida, the penalties are broken down into two classifications. Property valued at less than $100 is a second degree is misdemeanor while property valued at more than $100 and less than $300 is a first degree misdemeanor. Punishment is based on the number of prior offenses as seen below:

First Offense Misdemeanor Larceny:

  • Up to 60 days in jail
  • Maximum fine of $500 Fine

Second Offense Misdemeanor Larceny:

  • No less than one year of imprisonment.
  • Maximum fine of $1,000.

Penalties for Grand Larceny in Florida

Grand Larceny is also broken down into classifications with anything valued between $300 and $20,000 considered a 3rd degree grand larceny, anything valued between $20,000 and $100,000 is considered 2nd degree grand theft, and anything valued above $100,000 is considered 1st degree grand theft. First, second and third degree grand larceny charges are felony offenses with the punishment for each as follows:

  • 3rd Degree Grand Theft: up to 5 years in prison and/or a $5,000 fine.
  • 2nd Degree Grand Theft: Up to 15 years imprisonment and/or a $10,000 fine.
  • 1st Degree Grand Theft: Up to 30 years imprisonment and/or a $10,000 fine.

Defending Larceny Charges in Florida

Larceny can be separated into two classes: larceny committed through fraud or larceny from another individual. In either type of case the prosecutor must prove that you deceitfully stole the property, intended to permanently strip the owner of their possession, or were never given permission to take the property.

How is the Value of an Item Determined?

It is up to the judge, jury or prosecutor to determine the value of the stolen property. In most cases, the prosecutor will ask the owner to testify in court on what they feel the property is worth. However, the owner may include sentimental value which is almost always much higher than what the object would be worth on the market. Fortunately, the opinion of the property owner can be challenged by a larceny defense lawyer which is important because the value of the item can be the difference between a felony or misdemeanor.

Florida larceny charges can include all types of property, but the rules to establish the value will be different. Below are a few examples:

  • Property Stolen From a Store: Value is determined by the retail price
  • Possessions: Determined by market value at time of theft or by the property owner
  • Items That Depreciate Over Time: An appraiser will normally provide an accurate value of the property

Larceny Attorneys in Orlando, Florida Call: (407) 228-3838

Anyone who has been charged with larceny of any level should seek out an attorney in Orlando with experience in that area of law. A knowledgeable criminal defense lawyer can provide the best defense in any case, whether the charge is petty or the more serious felony charge of grand larceny. Please call The Umansky Law Firm at (407)228-3838 and talk with one of our theft lawyers about your charge.

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Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

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Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

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Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

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Case Dropped

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Charges dropped

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