Florida’s ‘Theft From a Person’ Law: How It Differs From Regular Theft Charges
Oct. 1, 2025
Facing theft charges can be a frightening and overwhelming experience. Being accused of taking someone else's property is a serious matter, and the consequences can significantly impact your life for years. But when the charge is specifically ‘theft from a person’, it can carry even greater risks. These charges often involve a victim’s physical presence, making them more severe than typical theft offenses.
At DefendOcala.com, we defend clients against theft charges. Located in Ocala, Florida, our firm serves communities throughout Marion and Lake Counties, including Clermont, Leesburg, Tavares, and Eustis. Contact us today if you need assistance or have questions about your case.
Here, we’ll provide clarity about what the ‘theft from a person’ law means, what charges might involve, and what options may be available.
What ‘Theft From a Person’ Means in Florida
Florida law categorizes theft offenses based on how the crime is committed and what type of property is involved. ‘Theft from a person’ is a specific category that refers to taking someone’s property while they’re physically present. The law distinguishes ‘theft from a person’ from regular theft in several ways:
Physical presence of the victim: The victim is in close proximity when the property is taken. This can occur in public spaces, stores, or even on private property.
Intent matters: Like other theft crimes, the perpetrator must intend to deprive the victim of their property permanently.
Severity of punishment: Because the crime involves direct contact, Florida courts may treat it more seriously than other forms of theft.
These distinctions highlight why ‘theft from a person’ charges often carry stiffer penalties. It's essential to recognize that even seemingly minor incidents, such as taking someone’s wallet or phone from their hand or bag, can be prosecuted as ‘theft from a person’. Courts often treat these cases seriously because the act directly affects the victim.
How Regular Theft Charges Differ
Regular theft, often referred to as grand theft or petit theft, depending on the value of the property, doesn’t require the victim to be physically present. These cases focus more on the taking of property itself rather than the interaction between the accused and the victim. Key differences between these charges include:
Property type and value: Regular theft charges may involve anything from low-value items to expensive property. The classification often depends on monetary thresholds.
No immediate confrontation: The crime can occur without the victim being aware at the time, such as shoplifting, embezzlement, or taking property from an unattended location.
Penalties may be lower: Since there’s no direct confrontation with the victim, these charges are sometimes treated less harshly. However, the punishment depends on the property’s value and the individual's prior criminal history.
Understanding the distinction between ‘theft from a person’ and other theft charges is critical. The same act might be considered a lower-level theft in one scenario but a more serious ‘theft from a person’ charge in another, depending on circumstances. This makes it essential to carefully evaluate the details of each case before determining how it should be handled legally.
Common Examples of ‘Theft From a Person’
Even actions that seem minor or opportunistic can be considered serious under Florida law. Each situation is evaluated based on how the property was taken and the victim’s proximity during the incident. Here are some examples of acts that could lead to ‘theft from a person’ charges:
Pickpocketing: Taking a wallet or phone directly from someone’s clothing or bag without their knowledge.
Snatching personal items: Grabbing a purse, jewelry, or electronics from a person while they’re walking, shopping, or waiting in line.
Forceful removal: Using threats or minor physical force to take property from someone, even if injury isn’t inflicted.
Robbery-related thefts: While robbery typically involves strong-armed or violent tactics, minor confrontations without serious injury may still fall under ‘theft from a person’ in some cases.
These examples show why ‘theft from a person’ is treated differently in court. The presence of the victim and the manner in which the property is taken can significantly impact the charges and potential penalties. Understanding these distinctions can help someone facing charges better grasp the seriousness of the situation.
Factors That Affect Penalties
Florida law considers multiple factors when determining how ‘theft from a person’ cases are handled. These factors can influence whether the offense is charged as a misdemeanor or felony and the potential sentence if convicted. Taking these factors into account helps the court assign penalties that reflect the seriousness of the offense. Some of the key factors include:
Value of the property: Higher-value items can escalate the charge to a felony.
Use of force or intimidation: Even minor threats can increase the severity of the charge.
Criminal history: Prior convictions can result in harsher penalties.
Circumstances of the theft: Taking property from a vulnerable individual or during a public event may affect sentencing.
While these elements aren’t unique to ‘theft from a person’, they often carry more weight because the crime directly impacts another individual. Courts aim to deter offenses that pose an immediate danger to victims, even if no physical harm is inflicted. Recognizing how these factors affect a case can be very important for anyone facing such charges.
Defenses That May Apply
If you’re facing ‘theft from a person’ charges, there are several potential defenses that might apply. The right defense depends on the specific facts of the case, including evidence, witness statements, and the circumstances surrounding the incident. Some defenses may be more effective depending on the circumstances of the alleged theft. Common defenses include:
Lack of intent: If there’s no proof that the accused intended to take the property permanently, charges may be reduced or dismissed.
Mistaken identity: Eyewitness errors or confusion about who committed the act can be a valid defense.
Consent: If the alleged victim willingly handed over the property, the prosecution may struggle to prove theft.
Property was abandoned or lost: Items found without the owner present may not meet the legal definition of ‘theft from a person’.
Each defense strategy requires careful analysis. The goal isn’t just to dispute the charge but to examine every element of the case to protect the accused’s rights and potentially minimize consequences. Working with a skilled criminal defense attorney is critical for your case. Contact Defend Ocala today to get started working with our attorneys.
How Courts Determine the Charge
Florida courts look at several key elements when deciding whether an act qualifies as ‘theft from a person’ or another type of theft. Each factor helps establish how directly the accused’s actions affected the victim and the seriousness of the offense. Considering these elements carefully can influence the strategy used in defending against the charges. These elements include:
Presence of the victim: Direct contact or proximity to the victim is a primary factor.
Method of taking the property: Whether the property was snatched, lifted, or taken using deception or minor force.
Intent to permanently deprive: The prosecution must prove that the accused intended to retain the property without the owner’s permission.
Impact on the victim: Courts may consider the emotional distress or inconvenience caused by the theft, especially in cases involving higher-value items.
These factors help determine the severity of the charge and whether it’s classified as a misdemeanor or felony. They also influence sentencing if a conviction occurs. Being aware of how courts weigh these elements can provide valuable insight for anyone facing such charges. Understanding these considerations early can help guide decisions about defense strategies.
Speak With a Criminal Defense Attorney Today
If you or a loved one is facing ‘theft from a person’ charges, it’s important to act quickly to build a strong defense. You don’t have to face these charges alone. An experienced criminal defense attorney will provide guidance, review your case, and help you understand potential options. With this support, you can make informed decisions and protect your future.
At DefendOcala.com, our attorneys serve clients in Ocala, Marion County, Lake County, as well as Clermont, Leesburg, Tavares, and Eustis. We invite you to discuss your situation and explore possible paths forward. Facing theft charges can be intimidating, but support is available. Please reach out to us today to get the guidance you need.