Theft offenses run from petit theft, a misdemeanor, up through degrees of grand theft, which are felonies. Related charges include dealing in stolen property, burglary, forgery, credit card fraud, and organised retail theft. The line between a misdemeanor and a felony is usually the alleged value of the property, which makes value a central issue rather than a detail.
Value is frequently overstated
The value that matters is generally the fair market value at the time and place of the offense, not the retail sticker price and not what it cost when new. Retailers often report the full list price. Getting an accurate valuation can move a case from a felony to a misdemeanor, which changes everything that follows. Where multiple items are added together to reach a threshold, whether they properly belong in one count is also worth challenging.
Intent has to be proven
Theft requires an intent to deprive the owner of the property. Not every accusation involves that. Items are walked out of stores by mistake, disputes over who owned what get reported as thefts, property is taken under a genuine belief that there was permission, and business disagreements are sometimes reframed as criminal matters. Where intent is genuinely absent, that is a defense and not merely an excuse.
Identification and surveillance
Many of these cases rest on store video and on an identification made by a loss prevention employee. Video is often lower quality than it is described as being, and identifications made from it are not always reliable. We ask for the complete footage rather than the clip that was selected, along with the internal loss prevention reports, because the full record sometimes tells a different story.
Why this one follows you
Theft is treated as a crime of dishonesty. That means a conviction can be used to attack your credibility if you ever testify in any case, and employers weigh it heavily, particularly for work involving money or inventory. There are also driver license consequences for certain theft convictions in Florida. For non-citizens, some theft offenses are treated as crimes involving moral turpitude, with significant immigration consequences.
First offense?
Diversion programs and negotiated outcomes that avoid a conviction are often available for a first theft charge, but they are easier to obtain before the case has been sitting for months. Call 1-888-391-7566.