Our Embezzlement Lawyers Defend Clients Throughout South Florida
You've been accused of stealing money in South Florida. Your employer may claim you embezzled funds and used them for personal gain. You're facing criminal charges and aren't sure where to turn. Are you facing theft charges or embezzlement charges? What's the difference, and what does that mean for your case?
Here, our criminal defense lawyers explain what makes embezzlement different from general theft, the potential penalties for each crime, and common defense strategies that could help you avoid a conviction. We’ll also discuss why choosing an embezzlement lawyer who fights to protect your rights, reputation, and future is critical.
Florida Theft Laws and Penalties
Florida statutes define theft as knowingly obtaining, using, or attempting to obtain or use someone else's property with the intent to temporarily or permanently deprive them of it.
Elements of Theft in Florida
According to Florida Statute 812.014, the critical elements of theft are:
- Property belonging to another. The property must lawfully belong to someone other than the person who took it.
- Intentionally taking possession. The defendant must have intentionally obtained or used the property or attempted to do so. Accidentally taking something is not theft.
- Unlawfully taking property. The taking must have been unlawful, meaning without the owner's consent.
- Intent to deprive. The defendant must have intended to temporarily or permanently deprive the owner of the property or its benefits.
Penalties for Theft in Florida
Florida law bases theft penalties on the value of the stolen property and the type of property stolen. Grand theft auto is one type of theft crime in Florida. Here are some other common examples of the type of penalties you could face if you are charged with theft in Florida:
- Less than $100 is 2nd-degree petit theft, a misdemeanor with up to 60 days in jail and a $500 fine.
- $100-$300 is 1st-degree petit theft, a misdemeanor with up to one year in jail and a $1,000 fine.
- $300-$20,000 is 3rd-degree grand theft, a felony with up to five years in prison, five years probation, and a $5,000 fine.
- $20,000-$100,000 is 2nd-degree grand theft, a felony punishable by up to 15 years in prison, 15 years probation, and a $10,000 fine.
- Over $100,000 is 1st-degree grand theft, a felony punishable by up to 30 years in prison and a $10,000 fine.
Theft convictions also typically involve restitution to the victim and a lifelong criminal record.
Defense Strategies for Theft Charges
If you've been charged with theft, an experienced criminal defense lawyer can analyze the evidence and craft a personalized defense strategy, which may include:
- Lack of intent. If you mistakenly took the property or didn't intend to keep it, your attorney can argue that you lacked the specific intent required for theft.
- Claim of ownership. If you had a good faith belief that the property rightfully belonged to you, even if that belief was mistaken, you may have a claim of ownership defense.
- Consent. If the owner gave you permission to take the property, your attorney can raise a consent defense. Importantly, consent obtained by fraud, force, or threat is not valid consent.
- Insufficient evidence. Your lawyer can challenge the state's case and argue that the prosecutor failed to present sufficient evidence to prove theft beyond a reasonable doubt.
- Mistaken identity. You were not the one who took the property.
Other defenses may be available depending on the unique facts of your case. Your attorney can help you understand your options.
Florida Embezzlement Laws and Penalties
Many people assume embezzlement is a separate offense from theft. However, under Florida law, embezzlement is a type of theft crime.
When Does Theft Become Embezzlement?
To convict you of embezzlement, a prosecutor must prove the following beyond a reasonable doubt:
- Relationship of trust or responsibility. You and the alleged victim must have a special relationship, usually employment-related. Relationships of trust include situations like a cashier entrusted with a register drawer, an accountant managing company funds, or a financial advisor investing client money.
- Rightful possession of property. You must have been lawfully given possession of the money or property, meaning you had the right to access or control it as part of your job duties. The actual ownership remains with your employer or client.
- Fraudulent conversion. At some point, you must have intentionally and fraudulently converted the money or property for your benefit, either temporarily or permanently. If the misappropriation was an honest mistake or oversight, it's not embezzlement.
Penalties for Embezzlement
In Florida, the penalties for embezzlement depend on the value of the stolen money or property. They are essentially the same as the penalties for theft described above.
In addition to incarceration and fines, a conviction for embezzlement can result in restitution payments, probation, and a permanent criminal record, making it difficult to find employment, secure housing, and pursue educational opportunities. The stigma of an embezzlement conviction can also irreparably harm your professional reputation and personal relationships.
Defending Against Embezzlement Charges in Florida
An experienced embezzlement defense attorney will thoroughly investigate your case to identify weaknesses in the prosecution's evidence and build the strongest possible defense on your behalf. Some common defense strategies include:
- Lack of fraudulent intent. If the alleged theft was an honest mistake, oversight, or misunderstanding, your attorney can argue that you lacked the intent required for an embezzlement conviction.
- Lack of special relationship. Embezzlement requires a special relationship of trust or responsibility that general theft offenses do not. If your attorney can show that your relationship with the alleged victim didn't meet this criteria, you may be able to avoid an embezzlement conviction.
- Entrapment or duress. If your employer coerced you to take the money or property or law enforcement entrapped you into committing the offense, your attorney can raise an entrapment or duress defense.
- Insufficient evidence. The state has a high burden of proof in criminal cases. Your attorney can challenge the evidence against you and argue that the prosecutor failed to prove every element of embezzlement beyond a reasonable doubt.
By raising these and other defenses, your lawyer's goal will be to have your charges reduced or dismissed entirely. In some cases, pretrial diversion programs or plea bargains may also be available to help you avoid the most severe penalties.
How to Choose a Theft or Embezzlement Lawyer in South Florida
If you've been charged with embezzlement or theft, the lawyer you choose can make a significant difference in your case. Here are some key characteristics to look for:
- In-depth knowledge of Florida's embezzlement and theft laws. Robert Malove is a Florida Bar Board Certified expert/specialist in criminal trial law.
- Extensive experience handling these types of cases. While past results do not guarantee an outcome in your case, we invite you to review our case results to see how we’ve resolved other criminal cases.
- Aggressive defense strategies tailored to your unique situation. Our team takes a “never say die” approach to each case. We will carefully assess your case for strengths and weaknesses so that we can build your defense.
- Responsive communication to keep you informed at every stage of your case. We know your freedom is on the line and you are understandably anxious. We are available to answer your questions, and you will be well informed about what to expect at every stage of your case.
- Personalized attention and compassionate service. We believe that our clients are the ones who can best speak about the attention and service we provide to them. Please read our client reviews to find out what other South Floridians facing criminal charges think about us.
Not every theft and embezzlement lawyer offers free consultations. However, our South Florida criminal defense firm does. We will meet with you free of charge so that we can learn more about your case and you can learn more about us.
Our theft and embezzlement defense lawyers will treat you with the respect and discretion you deserve while fighting to resolve your case as favorably as possible.