Theft Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Many first-time theft cases can be resolved without a conviction. Our office answers 24 hours a day.

What Counts as Theft in Florida

Theft means knowingly taking or using someone else's property, or trying to, with the intent to deprive them of it or take it for yourself or someone else, even temporarily. Intent is the key. Forgetting something in your cart, a mix-up at self-checkout, or a real belief that the property was yours are not the same as stealing.

Petit Theft vs. Grand Theft

In Florida, the value of the property usually decides how serious the charge is:

• Under $100: petit theft, second-degree misdemeanor.
• $100 to under $750: petit theft, first-degree misdemeanor.
• $750 to under $20,000: grand theft, third-degree felony.
• $20,000 to under $100,000: grand theft, second-degree felony.
• $100,000 or more: grand theft, first-degree felony.

Some things change the picture. Taking property worth $40 or more from a home or its yard can be a felony. Some items (such as a firearm, a motor vehicle, or any amount of a controlled substance) are grand theft no matter the dollar value. Prior theft convictions also count: a petit theft with two or more prior theft convictions becomes a felony.

Retail Theft and Shoplifting

Retail theft covers more than walking out with merchandise. It also covers switching price tags, moving items into another box, or taking a shopping cart, all done with intent to deprive the store.

Store detentions. Florida law lets a merchant who has probable cause hold a suspected shoplifter in a reasonable manner, for a reasonable time, and requires the store to call the police right away. What loss-prevention staff said and did, and what their cameras show, can matter a lot.

Civil demand letters. After a shoplifting stop, many people get a letter from the store or its law firm demanding money. Under Florida's civil theft law, before suing, a store must send a written demand for $200 or three times its actual damages. That letter is a civil matter, separate from the criminal case. Paying it does not make the criminal charge go away, and ignoring it can lead to a civil lawsuit. Talk to a lawyer before you pay or answer.

Organized Retail Theft

Prosecutors can charge organized retail theft as a felony. Florida law adds up thefts within a 120-day period. Coordinated thefts, thefts from more than one store, or schemes to resell stolen goods totaling $750 or more can be a third-degree felony. Higher totals, larger groups, or prior convictions can make it a second-degree or first-degree felony. When the thefts span more than one judicial circuit within 120 days, Florida law sends the case to the Office of Statewide Prosecution.

Theft From an Employer

Employee theft cases often grow out of an internal audit: missing cash, refunds, inventory, or payroll entries. Employers sometimes push for a written confession or a repayment promise before police are involved. Don't sign anything or make a statement without a lawyer. These cases often turn on access, records, and who else could have done it, and the dollar amount the employer claims is often too high.

Dealing in Stolen Property

Selling or trading property you know or should have known was stolen, or buying it or holding it to resell, is a second-degree felony in Florida. Organizing the theft and the resale is a first-degree felony. These cases often come from pawn shop records, online marketplace sales, or undercover buys.

Burglary vs. Theft, in Brief

Theft is about taking property. Burglary is about entering a home, building, or vehicle intending to commit a crime inside, usually when the place is not open to the public and you weren't invited. A car break-in or a home entry can be charged as burglary even if nothing was taken, and burglary is generally punished more harshly than theft.

How Value Is Proved

Because value can mean the difference between a misdemeanor and a felony, it is often the first battleground. Florida generally measures value as the market value at the time and place of the offense, or replacement cost if market value can't be determined. In retail cases, value is the sale price at the time. The State has to prove value with real evidence, not a guess or the original price of a used item. We challenge inflated numbers.

Diversion and Pretrial Intervention for First Offenders

Many first-time theft defendants in Miami-Dade may qualify for a diversion or pretrial intervention (PTI) program. Under Florida law, first offenders (and some people with only one prior nonviolent misdemeanor) charged with a misdemeanor or third-degree felony can be eligible, with the approval of the program, the State, the victim, and the judge. Completing the program, which can include classes, community service, and restitution, can lead to the charge being dropped. Eligibility rules and program details vary, so we review your options at the first meeting.

Restitution

In theft cases, paying back the loss is usually central. Florida law requires restitution in retail theft convictions. Handled the right way, through your lawyer, restitution can help secure diversion, a reduced charge, or a better result.

Immigration and Professional-License Consequences

For non-citizens, a theft conviction, or even some plea agreements, can have serious immigration consequences, including problems with residency, citizenship, or travel. Theft is also a red flag for licensing boards (nursing, real estate, insurance, security, and others) and employers. Before any plea, we weigh these consequences and work with immigration counsel when needed.

What to Do After an Arrest or a Store Detention

1. Stay calm and polite. Don't argue with loss prevention or the police.
2. Don't sign a confession or admission form, and don't explain yourself on camera.
3. Don't pay a civil demand before talking to a lawyer.
4. Keep everything — receipts, bank or card records, paperwork the store or police gave you.
5. Write down what happened, including names and times.
6. Call us. Early action can preserve video and open the door to diversion.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is shoplifting a felony in Florida?

Usually it's a misdemeanor, but it can become a felony based on value, prior convictions, or organized retail theft rules.

I got a letter from the store demanding money. Do I have to pay?

That's a civil demand, separate from the criminal case. Paying doesn't end the criminal charge. Talk to a lawyer first.

Can a theft charge be dropped?

Yes. Many first-time cases are resolved through diversion or pretrial intervention, and some are dismissed for lack of evidence.

Will a theft charge affect my immigration status?

It can. Talk to a criminal lawyer who will coordinate with immigration counsel before you accept any plea.

The store says the items were worth more than they were. Does that matter?

Yes. Value can decide whether the charge is a misdemeanor or a felony, and the State has to prove it.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.