Larceny in Florida

law-doc-grand-larceny

Defining Florida Larceny Laws

Larceny is defined as the “unlawful taking and carrying away of the property of another person, with the intent to permanently deprive them of its use.” A larceny verdict typically arises after prosecutors prove the obvious intent of the thief to take the possession or item.

Larceny differs from robbery because while robbery uses force or threat to take a possession, larceny does not. Larceny is committed when someone takes an item of any value. Grand larceny is committed when a person takes a possession of significant value. Though the differences between the two are small, the charges vary between the two.

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.

If you are facing larceny charges in the state of Florida, you should seek legal representation immediately. The Umansky Law Firm has experience dealing with numerous larceny cases and is eager to help fight with you for the most favorable outcome.

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 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

Second Offense Misdemeanor Larceny

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

Regardless of how many charges you have against you, you can presume that prosecutors will attempt to punish you to the greatest extent possible. A dedicated criminal defense lawyer can help you build a solid defense and face the court with confidence.

Charge(s): Result(s): Case Number County/Judge:
1;2: 3rd-degree felony- Poss. Of Controlled Substance
3: 3rd-degree felony- Grand Theft (controlled substance)
Motion for early termination granted 2014-CF-003342-A Seminole/Melanie Chase

Penalties for Grand Larceny in Florida

Like misdemeanor offenses, grand larceny is also broken into classifications. Anything valued between $300 and $20,000 is third-degree grand larceny, items valued between $20,000 and $100,000 is second-degree grand larceny, and anything exceeding $100,000 is first-degree grand larceny.

First, second, and third-degree grand larceny charges are felony offenses, with punishments outlined as follows:

  • Third-degree grand theft: Up to five years in prison and/or a $5,000 fine
  • Second-degree grand theft: Up to 15 years in prison and/or a $10,000 fine
  • Third-degree grand theft: Up to 30 years in prison and/or a $10,000 fine

Felony charges can significantly impact your life, and a conviction can follow you for years to come. It’s important to understand the severity of this crime and consult an attorney for advice.

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.

When you work with The Umansky Law Firm you will receive constant support throughout the process. Our attorneys will talk to you, understand your case, and work with you to present a defense to the judge. Don’t hesitate to call us. Time is of the essence and we are ready to help.

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 an item’s sentimental value in their evaluation, 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. Determining the correct 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. A few examples include:

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

Orlando Larceny Attorneys

Anyone who has been charged with larceny of any level should seek out an Orlando attorney with experience in that area of law. Attorney Zahra Umansky and Bradford Fisher in our firm have an adroit way of looking at your theft charge and determining what defenses can be raised on your behalf. As former prosecutors, they know how the opposition will approach a larceny case and can use that knowledge to stay a step ahead. Our attorneys have over 100 years of combined experience and come from a variety of backgrounds, providing us with a unique advantage that most law firms aren’t able to match.

It is best practice to look at all the evidence before a client ever enters a resolution to a theft charge which could have lasting implications and we can make sure we do just that and more for your case. Please call The Umansky Law Firm at (407) 228-3838 and talk with one of our theft lawyers about your charge.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

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.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

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

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

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

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

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Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

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Reduced to reckless driving

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Charges dropped

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Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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