Ocala Theft Crimes Defense Lawyer

Accused of Theft? Take These Steps First

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How you respond to a theft accusation can affect the outcome. While you wait to speak with a lawyer:

• Do not sign anything. Loss-prevention staff and employers may ask for a written statement or confession, and you can decline until you have legal advice.
• Route repayment through your lawyer. Offers to pay for or return property should be handled carefully so they are not treated as admissions.
• Save proof of ownership or permission. Keep receipts, bank records, texts, and anything showing ownership, permission, or value.
• Write down what happened. Note the date, the time, the people involved, and what was said.
• Collect your paperwork. Keep your notice to appear or arrest paperwork, case number, and court date together for your consultation.

Why Choose Defend Ocala?

Straight Answers and Personal Attention

Theft accusations sometimes come from a disagreement over property, a workplace dispute, or confusion at a register. We listen to your side, explain what the State alleges, and help you understand how each option affects your record.

Experienced Florida Criminal Defense Attorneys

Our founder, Jeffery Higgins, has been licensed in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating, and attorney Brett Kocijan has defended clients since 2001. Defend Ocala handles misdemeanor and felony theft and burglary charges. Meet our attorneys to learn more.

Flat Fees, Payment Plans, and No Trial Fee

Defend Ocala works on a flat fee with payment plans available, and we do not charge a separate trial fee. Because your fee stays the same whether the case resolves early or goes to trial, cost does not drive the strategy. We will discuss the fee for your case at your free consultation.

What Is Theft Under Florida Law?

Under Florida Statutes § 812.014, theft occurs when someone knowingly obtains or uses, or tries to obtain or use, another person’s property with the intent to deprive the owner of the property or its benefit, or to use it for themselves or someone who is not entitled to it. The intent can be temporary or permanent.

Theft includes more than shoplifting. Depending on the facts, it can involve taking an employer’s property, misusing money you were trusted with, or keeping property you were supposed to return. Retail theft is also covered separately in § 812.015.

The value of the property usually decides whether the charge is a misdemeanor or felony, although certain items, such as firearms and motor vehicles, can be charged as grand theft at any value.

How Does the State Prove the Value of Property?

Under § 812.012, value generally means the market value of the property at the time and place of the alleged theft. If that cannot be determined, the law allows the replacement cost within a reasonable time afterward. A price tag or an owner’s estimate does not always reflect true value, and the State bears the burden of proving it.

What Happens After a Theft Arrest in Marion County?

Many misdemeanor theft cases start with a notice to appear instead of a jail booking, while felony theft cases usually begin with an arrest and first appearance. Cases in Marion and Lake counties are prosecuted by the State Attorney’s Office for Florida’s Fifth Judicial Circuit.

Stay-Away Conditions

A judge may order you to stay away from the store, business, or person involved in the case. Follow every condition until the court changes it.

The Prosecutor’s Filing Decision

The State Attorney’s Office decides whether to file charges and which charges to bring. A store’s or alleged victim’s wishes alone do not decide the outcome.

Evidence Review and Resolution

After charges are filed, your lawyer receives the State’s evidence and can look for legal challenges. The case may then move toward motions, negotiations, a diversion program, or trial. Some cases end in dismissal or a reduced charge, but no result can be guaranteed.

What Are the Penalties for Theft in Florida?

The sentence depends on the property’s value and type, where it was taken from, and prior history.

Petit Theft Penalties

Taking property worth less than $100 is a second-degree misdemeanor with up to 60 days in jail and a $500 fine. Property worth $100 to less than $750 is a first-degree misdemeanor with up to one year in jail and a $1,000 fine. One prior theft conviction raises petit theft to a first-degree misdemeanor, and two or more prior theft convictions make it a third-degree felony.

Grand Theft Penalties

Property worth $750 to less than $20,000 is generally third-degree grand theft, with up to five years in prison and a $5,000 fine. Property worth $20,000 to less than $100,000 is a second-degree felony, and $100,000 or more is a first-degree felony. Since a 2024 change in the law, taking property worth $100 or more from a home or its unenclosed curtilage can also be charged as third-degree grand theft.

Retail Theft and Combined Thefts

Under § 812.015, separate retail thefts can sometimes be combined to reach a felony level, and current law allows certain thefts within a 120-day period to be aggregated. The court can also order restitution and, in some cases, suspend a driver’s license for petit theft.

Because theft is a crime of dishonesty, a conviction can affect employment, professional licensing, and your credibility as a witness in later cases. These consequences should be reviewed before accepting any plea.

How We Build a Theft Defense

A loss-prevention report reflects the store’s view of what happened. Our review looks at what the evidence shows and whether the State can prove each element.

Gather the Full Picture

Depending on what exists, useful evidence may include surveillance video, receipts, register and inventory data, employer records, bank statements, texts, and witness statements. Video often shows steps that a written report leaves out.

Choose the Defense the Evidence Supports

• No intent to steal: Theft requires intent, so an honest mistake, a misunderstanding, or a belief that you had permission can matter.
• Claim of right: A good-faith belief that the property was yours, or that you were entitled to use it, can be a defense in some cases.
• Value disputes: If the State overstates value, the charge may drop from a felony to a misdemeanor or to a lower degree.
• Mistaken identity: Video quality, witness descriptions, and the way you were identified can all be tested.
• Constitutional and evidence issues: Statements and evidence obtained unlawfully may be challenged.

Every case is different. We explain the strengths and weaknesses we see so you can make informed decisions about your defense.

Restitution and Civil Demand Letters Are Separate Issues

In the criminal case, the court can order restitution for losses caused by the offense under § 775.089. That is different from a civil claim. Florida’s civil theft law, § 772.11, requires a written demand before a civil suit for triple damages, which is why some people receive demand letters from a store or its attorneys.

Paying a civil demand does not automatically resolve the criminal case, and resolving the criminal case does not automatically end a civil claim. Show any demand letter to your lawyer before you respond or pay.

Theft Defense FAQs

Office visits by appointment. Call (352) 607-8548