Theft Crimes Defense Attorney in West Palm Beach and Palm Beach County

Being arrested for theft in Florida creates a criminal record immediately. Even if charges are later dropped, the arrest itself can appear in court dockets, background checks, and online databases. A conviction can make that record permanent and may eliminate eligibility for sealing or expunction.

Theft charges are often misunderstood. Many cases involve disputes, mistakes, or assumptions rather than criminal intent. Florida law requires proof of intent, ownership, and unlawful conduct beyond a reasonable doubt. When those elements are missing or improperly assumed, charges can and should be challenged.

This office defends theft cases in West Palm Beach, throughout Palm Beach County, and across the State of Florida .

Most theft offenses are governed by Florida Statute 812.014.

Under the Florida Standard Jury Instructions for Theft , the State must prove all of the following beyond a reasonable doubt:

• The defendant knowingly obtained or used property
• The property belonged to another person
• The taking or use was unlawful
• The defendant intended to temporarily or permanently- Deprive the owner of the right to the property, or- Appropriate the property to their own use or the use of another

Without proof of intent, there is no theft under Florida law. This is one of the most common and most effective defense areas in theft cases.

Petit Theft
Florida Statute 812.014(3)

• Property valued under $750
• Typically charged as a misdemeanor
• A criminal record exists upon arrest
• A conviction may block sealing or expunction
• Prior theft convictions can enhance penalties

Grand Theft
Florida Statute 812.014(2)

• Property valued at $750 or more
• Charged as a felony
• Degree depends on value and property type
• Higher degrees involve prison exposure

Examples include:

1. Third Degree Felony theft under $20,000
2. Second Degree Felony theft $20,000 or more
3. First Degree Felony theft $100,000 or more

Petit Theft
Taking or using property valued under $750 with intent to deprive the owner.

Grand Theft
Felony theft based on value, type of property, or circumstances.

Retail Theft or Shoplifting
Florida Statute 812.015
Allegations involving retail merchandise, often based on surveillance, loss prevention statements, and assumptions that require close scrutiny.

Auto Theft
Florida Statute 812.014(2)(c)
Motor vehicles are specifically listed property. Consent and ownership disputes are common defenses.

Employee Theft
Often based on inventory discrepancies or internal accusations rather than direct proof.

Credit Card Theft or Fraud
Florida Statutes 817.61 and 817.625
Frequently hinges on authorization, scope of permission, and account access.

Identity Theft
Florida Statute 817.568
Involves use of personal identifying information without consent.

Theft of Services
Florida Statute 812.014
Includes unpaid labor, utilities, or accommodations and often overlaps with civil disputes.

Organized Fraud
Florida Statute 817.034
Allegations of schemes or patterns of theft requiring proof of intent and coordination.

Theft by Deception
Theft based on alleged misrepresentation. Civil disagreements are often improperly charged as crimes.

Early case review can change the outcome of a theft case before it escalates.

Early involvement allows me to:

• Humanize the client before formal filing
• Identify legal and factual defects early
• Present those defects to the decision maker responsible for filing charges
• Present mitigating circumstances that police reports often omit
• Challenge improper police conduct and constitutional violations
• Raise Fourth Amendment, Fifth Amendment, and Fourteenth Amendment issues
• Prevent escalation from misdemeanor to felony
• Obtain dismissals before filing in appropriate cases
• Reduce felony charges to misdemeanors
• Reduce higher degree felonies to lower degree felonies

This is a critical part of how theft cases are defended effectively.

Lack of Intent
Mistake, misunderstanding, belief of ownership, or intent to return property defeats theft.

Ownership or Right to Possession
Shared property, business disputes, or family issues are not criminal theft.

Misidentification
Poor video quality, assumptions, or mistaken eyewitness identification.

Insufficient Evidence
Suspicion does not equal proof beyond a reasonable doubt.

Improper Valuation
Inflated pricing or incorrect valuation can change felony exposure.

Consent or Authorization
Permission defeats theft allegations.

Illegal Stop or Detention
Unlawful detention by store security or police can lead to suppression.

Unlawful Search or Seizure
Evidence obtained illegally may be excluded.

Improper Statements
Statements made under pressure, without warnings, or mischaracterized.

Diversion Eligibility
First time or low level cases may qualify for dismissal through diversion.

Although this page focuses on West Palm Beach and Palm Beach County, theft laws apply statewide. This office represents clients throughout Florida.

To discuss a theft charge in West Palm Beach, Palm Beach County, or anywhere in Florida, contact the Law Office of Roger P. Foley, P.A. to schedule a confidential consultation and understand your options before the case moves further. Consultations are paid. The standard consultation fee is $150 during normal business hours and $450 for after hours or weekend consultations. Emergency consultations outside normal hours are available when necessary and are billed at $1,000 per hour. Once the consultation fee is paid, you will be promptly connected with the office to begin addressing your situation.