FORT LAUDERDALE THEFT LAWYER

Theft Crime Defense in Broward County, Florida

If you are facing theft charges, working with an experienced Fort Lauderdale theft lawyer can significantly influence the outcome of your case. At Hager & Schwartz, P.A., our Broward County theft attorneys defend clients accused of anything from petit theft and shoplifting to felony grand theft, representing individuals throughout Fort Lauderdale and throughout Broward County. While theft allegations might seem minor initially, the consequences can quickly escalate—threatening your freedom, your record, and your professional future.

As former prosecutors, we understand how theft cases are prepared, charged, and negotiated in local courts and how quickly a single accusation can impact your life. A conviction can result in jail time, hefty fines, probation, and a permanent criminal record that affects job interviews, licensing reviews, and background checks. That is why our criminal defense lawyers adopt a proactive, defense-focused approach from day one, examining evidence, challenging assumptions, and developing strategies to protect what matters most to you. 

Before you talk to law enforcement or loss prevention, speak with a Fort Lauderdale theft lawyer who is available 24/7. Contact Hager & Schwartz, P.A. for a free, confidential consultation and get clear answers about your options and next steps.

Charged with Theft in Broward County?

Being charged with theft in Fort Lauderdale can happen more quickly than many people expect. Many cases start with a routine traffic stop, a retail loss prevention investigation, or a report to local law enforcement about missing property. In other situations, individuals are arrested days or even weeks later after reviewing surveillance footage or submitting a report. Once the Broward Sheriff’s Office or a local police department gets involved, an accusation can quickly turn into formal theft charges—sometimes before you fully understand what is happening or why.

For many people, theft charges can feel overwhelming because they impact more than just legal consequences. They also affect personal reputation, employment prospects, and peace of mind. The fear of jail time, a permanent criminal record, or losing a professional license can be particularly burdensome, especially for first-time offenders who have never navigated the criminal justice system. 

During this stressful time, it is crucial to consult with a theft crime attorney serving Broward County before making any statements to police, store investigators, or others involved. What you say early on can be misunderstood or used against you later, even if you believe you haven’t done anything wrong.

Beyond fines or incarceration, a theft conviction can lead to long-term effects that persist well after your case concludes. Criminal background checks may influence your job prospects, housing applications, and educational opportunities. Some theft convictions can threaten your professional licenses or cause immigration issues for non-citizens. Early legal help from a Broward County theft attorney allows you to act quickly—protecting your rights, securing evidence, and exploring options that might reduce charges, prevent a conviction, or keep your record clear whenever possible.

What Is Considered Theft Under Florida Law?

Under Florida law, theft is broadly defined to encompass a wide range of unlawful takings of property. According to Florida Statute § 812.014, a person commits theft when they “knowingly obtain or use, or endeavor to obtain or to use, the property of another” with the intent to either temporarily or permanently deprive the owner of the property or the benefit of the property or to appropriate it for someone else who is not entitled to it. 

At the core of this statute are two essential ideas: knowledge and intent. To “knowingly obtain or use property” means the person was aware of what they were taking or using—even if they claim they didn’t mean to harm—rather than doing so by accident. This wording covers situations where someone actively takes or even attempts to take property that belongs to someone else. The phrase “temporarily or permanently deprive” clarifies that theft can happen whether the property is taken and not returned (permanent deprivation) or held for some time without permission (temporary deprivation). 

Intent is crucial in theft cases because Florida law does not categorize every bad decision or misunderstanding as theft. Prosecutors need to demonstrate that the accused intentionally aimed to take property without permission and to deprive the owner of its use or benefit. Without proof of this specific intent, a theft charge might not be legally valid. This emphasis on intent separates criminal theft from simple errors or civil property disputes. 

If you’re facing theft charges in Broward County, understanding these legal elements is essential—because challenging whether the prosecution can truly prove “knowing” conduct or intent is often central to an effective defense.

Types of Theft Cases We Handle in Fort Lauderdale

At Hager & Schwartz, P.A., we defend clients in a wide range of theft-related cases throughout Fort Lauderdale and Broward County. Each case has its own facts and legal details, so we tailor our defense strategies accordingly. 

The most common theft charges we handle include:

• Shoplifting/Retail Theft:

• • Taking merchandise from a store without paying for it.
  • Altering price tags, labels, or packaging to reduce the purchase price.
  • Transferring items between containers or concealing goods to deprive a merchant of full value.

These cases often involve store loss prevention personnel and surveillance evidence, requiring careful review and strategic defense.

• Petit Theft:

• • • Involves unlawfully taking property with a value of $100 or more but less than $750.
    • May be charged as a misdemeanor but can still carry jail time, fines, probation, and a criminal record. Even lower-value theft charges can affect employment, housing, and professional licensing if not resolved effectively.

• Grand Theft:

• Applies when the property taken is valued at $750 or more.

• Grand theft is typically a felony in Florida and includes serious consequences, including longer prison exposure and lasting effects on your record.

• The value of the property and the type of property taken can elevate the degree of the offense.

• Fraud-Related Theft:

• These offenses involve deception or misrepresentation to unlawfully obtain property or financial benefit:

• Embezzlement: Misappropriating funds or assets entrusted to you.

• Identity theft: Using someone else’s personal identifying information without consent.

• Credit card theft/fraud: Unauthorized use or possession of credit/debit account information.

• Computer and mortgage fraud: Schemes involving technology or financial documents to obtain property or funds.

• Burglary and Robbery:

• Theft can sometimes intersect with other serious property crimes. We also defend related offenses, including:

• Burglary: Unlawfully entering a structure with intent to commit a crime inside.

• Robbery: Taking property from a person by force, threat, or intimidation.

No matter the specific charge you’re facing, our firm draws on extensive legal insights, careful investigation, and assertive defense strategies to pursue a favorable outcome under Florida law. If you’re unsure what type of theft charge you face, we can review your case and explain your options.

Penalties for Theft in Florida

The theft crime penalties in Florida depend on several key factors, including the value of the property involved, the type of property allegedly taken, and the accused person’s prior criminal history. What may begin as a seemingly minor incident can quickly escalate into a more serious charge, especially if prosecutors believe the property's value is high or if there are prior theft convictions. Understanding how Florida categorizes theft offenses can help clarify what is truly at stake.

Misdemeanor Theft (Petit Theft)

Petit theft involves property valued below the felony threshold and is classified as a misdemeanor offense. 

Although considered a lesser charge than grand theft, it carries serious consequences and should not be underestimated:

• Jail: Up to 1 year in county jail
• Fines: Up to $1,000
• Probation: Possible court-ordered probation and conditions
• Criminal record: A permanent misdemeanor theft conviction, which can affect employment, housing, and professional opportunities

Even a first-time petit theft conviction can follow you long after the case ends, particularly because theft is viewed as a crime of dishonesty.

Felony Theft (Grand Theft)

Grand theft is charged as a felony and is classified as a third-, second-, or first-degree felony, depending on the value and type of property involved. Felony theft convictions carry substantially harsher penalties and long-term consequences.

Third-degree felony grand theft:

• Prison: Up to 5 years
• Fines: Up to $5,000
• Probation: Possible lengthy probation terms
• Criminal Record: Permanent felony conviction

Second-degree felony grand theft:

• Prison: Up to 15 years
• Fines: Up to $10,000
• Probation: Often imposed in addition to or instead of incarceration
• Criminal record: Serious felony conviction with lasting consequences

First-degree felony grand theft:

• Prison: Up to 30 years
• Fines: Up to $10,000
• Probation: Extended supervision and strict court conditions
• Criminal record: Severe felony conviction that can permanently limit employment, civil rights, and professional licensing

Before you speak with police or a store’s loss prevention team, talk to a Fort Lauderdale grand theft lawyer who knows how these cases are prosecuted.

Petit Theft vs. Grand Theft in Fort Lauderdale

The primary distinction between petit theft and grand theft in Fort Lauderdale comes down to the value of the property and, in some cases, the nature of the item taken.

Petit Theft

Petit theft in Fort Lauderdale involves the unlawful taking of property valued under $750. These cases often include shoplifting or other low-value theft allegations and are frequently charged against first-time offenders. Because the dollar amount may seem minor, many people assume the charge will simply “go away.” In reality, petit theft is a criminal offense under Florida law, and how it is handled early on can significantly affect the outcome.

Florida law distinguishes between second-degree and first-degree misdemeanor theft based on the circumstances of the alleged offense. Second-degree misdemeanor theft generally applies to theft offenses that do not meet the legal definition of grand theft or first-degree petit theft. A conviction may carry penalties of up to 60 days in jail and/or fines of up to $500, along with probation and court-ordered conditions. First-degree misdemeanor theft carries more severe penalties and may be charged when the value or circumstances elevate the offense.

Grand Theft

Grand theft is a felony offense in Florida and carries significantly harsher penalties than petit theft. In Fort Lauderdale, grand theft charges are classified by degree, based on the value of the property involved and, in some cases, the type of property or how the offense was committed. Even without violence, a grand theft conviction can result in prison time and long-term consequences that follow you well beyond the resolution of the case.

Third-Degree Grand Theft

Third-degree grand theft generally applies when the property involved is valued at $750 or more but less than $20,000. 

This charge may also apply regardless of value when certain types of property are involved, such as:

• Firearms
• Wills or testaments
• Motor vehicles

Because these items are considered particularly sensitive or valuable under Florida law, theft involving them is treated more seriously, even if the monetary value alone might otherwise suggest a lesser charge.

Second-Degree Grand Theft

Second-degree grand theft is charged when the alleged value of the property is $20,000 or more but less than $100,000. 

This level of offense may also apply when specific types of protected equipment are involved, including:

• Law enforcement equipment
• Emergency medical equipment
• Other emergency response property

Theft involving these items is prosecuted aggressively due to their importance to public safety and community welfare.

First-Degree Grand Theft

First-degree grand theft is the most serious theft charge under Florida law. It applies when the property value is $100,000 or more, or when the manner in which the theft occurred significantly elevates the offense. 

Examples include:

• Using a motor vehicle as an instrument of the crime, not merely as a means of escape
• Causing $1,000 or more in damage to personal property during the commission of the theft

Because grand theft charges expose individuals to felony convictions, state prison time, and lasting collateral consequences, early involvement from an experienced Fort Lauderdale theft lawyer is critical. Challenging property valuations, questioning whether an item qualifies as “special property,” and scrutinizing how the alleged theft occurred can all play a central role in building an effective defense.

Factors That Can Increase a Theft Charge

Not all theft cases are treated the same under Florida law. Certain aggravating circumstances can lead prosecutors in Fort Lauderdale and Broward County to enhance theft charges, increase potential penalties, or pursue felony prosecution even when the conduct might otherwise be considered a lesser offense. Understanding these factors is crucial because they often influence how aggressively a case is charged and negotiated.

One major enhancement involves theft targeting elderly or disabled individuals. Florida law offers extra protections for vulnerable victims, and theft charges involving these individuals can result in higher charges and harsher penalties because of the perceived exploitation of trust or dependence under Florida Statute § 812.0145. Prosecutors often pursue these cases vigorously, even if the property value is relatively low.

Other factors that can increase the severity of a theft charge include:

• Use or possession of a weapon: If a weapon is involved during the alleged theft—even if it is not used—charges may be elevated due to safety concerns.
• Organized retail theft: Participating in coordinated theft activity, such as working with others to steal merchandise for resale, can trigger enhanced penalties under Florida Statute § 812.015.
• Trafficking in stolen property: Selling, distributing, or attempting to profit from stolen goods is treated as a separate and more serious offense.
• Significant property damage: Causing substantial damage during the commission of a theft can increase penalties beyond the value of the stolen items.
• Prior theft convictions: A history of theft-related offenses can lead to harsher sentencing, reduced eligibility for diversion programs, and less favorable plea offers.

When aggravating factors are present, the stakes rise quickly. What may appear to be a straightforward theft allegation can become a complex felony case with long-term consequences. Early involvement from a Fort Lauderdale theft lawyer allows these enhancement issues to be identified, challenged, and addressed before they shape the case's trajectory.

How Theft Cases Are Handled in Broward County Courts

Theft cases in Fort Lauderdale typically begin with an investigation conducted by either the Fort Lauderdale Police Department or the Broward Sheriff’s Office, depending on where the alleged offense occurred. Some arrests occur immediately—such as during a retail theft investigation—while others result from follow-up investigations based on reports, surveillance footage, or witness statements.

Most theft cases move through the court system in a series of defined stages:

• Investigation and arrest: Law enforcement investigates the alleged theft. An arrest may occur on the spot or later after evidence is reviewed.
• First appearance: The defendant appears before a judge shortly after arrest. Bond conditions may be set, modified, or reviewed.
• Arraignment: Formal charges are read. The defendant enters a plea (guilty, not guilty, or no contest).
• Pretrial phase: Evidence is exchanged between both sides. Defense attorneys file motions and challenge the prosecution’s case. 
• Plea agreement or trial: Many theft cases resolve through negotiated pleas. Plea negotiations often take place with the Broward State Attorney’s Office. If no agreement is reached, the case proceeds to trial.
• Judgment and sentencing (if guilty): The court imposes penalties such as jail or prison time, probation, fines, or other conditions.

Diversion and Pretrial Intervention Options

For eligible individuals, Broward County offers diversion and pretrial intervention programs that may provide an alternative to conviction. A misdemeanor diversion program may be available for first-time offenders charged with petit theft, while a felony pretrial intervention program may be an option for certain first-time felony theft cases. Successful completion of these programs can result in reduced charges or dismissal, helping avoid a permanent criminal record.

Navigating these options effectively requires deep familiarity with local judges, prosecutors, and court procedures, which is why working with a Fort Lauderdale theft lawyer who has extensive Broward County court experience can be critical to protecting your future.

Defenses to Theft Charges in Florida

Facing theft charges can feel discouraging, especially if law enforcement asserts the evidence is strong. However, many theft cases in Florida are defensible, and the outcome often hinges on how early and effectively the case is challenged. Theft isn't solely about whether property was taken; prosecutors must prove specific legal elements, and when those elements are weak or unsupported, charges may be reduced or dismissed.

Common defenses to theft charges in Florida include:

• Lack of intent to steal: Theft requires intent. If the accused did not intend to take property unlawfully—such as in cases of accident, misunderstanding, or miscommunication—the legal definition of theft may not be met.
• Claim of right/belief of ownership: A person who genuinely believed the property belonged to them, or that they had a lawful right to it, may not be guilty of theft—even if that belief was later proven incorrect.
• Owner consent: If the property owner gave permission to use or take the item, or if consent can reasonably be inferred, the charge may not stand.
• Mistaken identity or flawed surveillance footage: Theft cases often rely on video footage or eyewitness accounts. Poor-quality surveillance, incomplete footage, or assumptions by loss prevention personnel can lead to misidentification.
• Illegal search and seizure: Evidence obtained through unlawful searches, improper detentions, or violations of constitutional rights may be suppressed and excluded from court.
• Insufficient proof of value: The value of the alleged stolen property directly affects whether a charge is classified as petit or grand theft. If prosecutors cannot accurately prove value, felony charges may be reduced or dismissed.
• Weak or circumstantial evidence: Many theft cases rely on indirect evidence rather than clear proof. When a case is built on assumptions rather than facts, it can often be effectively challenged.

The sooner a Fort Lauderdale criminal defense lawyer becomes involved, the more opportunities exist to protect your rights and shape the direction of the case. 

Early legal intervention allows for:

• Preservation of surveillance footage and witness statements
• Immediate review of police procedures and reports
• Strategic communication with prosecutors before charges escalate
• Challenging and Excluding Evidence

An experienced Fort Lauderdale theft lawyer can examine how evidence was collected, whether it complies with legal standards, and if it can be challenged or excluded entirely. Suppressing unlawfully obtained evidence or undermining the prosecution’s proof can significantly weaken the case—sometimes resulting in reduced charges or case dismissal before trial.

Even when a theft charge feels overwhelming, legal options might still be available. Knowing your defenses and acting swiftly can significantly impact your ability to protect your future.

Why Hire Us for a Theft Case?

When your future is at stake, experience and insight are crucial. At Hager & Schwartz, P.A., our Fort Lauderdale theft attorneys offer a distinct benefit: both founding lawyers are former prosecutors who understand how theft charges are evaluated, filed, and prosecuted in Broward County courts. That insider knowledge helps us anticipate the prosecution’s tactics and develop defenses to reveal weaknesses in their case early on.

Unlike firms that spread their attention across many practice areas, we focus exclusively on criminal defense. This focus—backed by decades of experience in Broward County courtrooms—means we know the local judges, prosecutors, and procedures that influence how theft cases are handled. We treat every case with a trial-ready attitude, preparing as if it will go before a jury, while also pursuing favorable results through negotiation when appropriate. Most importantly, we offer personalized defense strategies, understanding that no two theft cases or clients are alike. Our firm’s proven track record and trusted reputation show our long-standing commitment to defending our clients’ rights, records, and futures.

If you’re facing theft charges, you don’t have to navigate the uncertainty alone. We are available 24/7 to answer your questions, explain your options, and help you take the right next step. Contact our Fort Lauderdale theft lawyers. Your call is confidential, and help is available right now.

Frequently Asked Questions About Theft Charges in Florida

Is Shoplifting a Felony in Florida?

Shoplifting can be charged as either a misdemeanor or a felony, depending on the value of the item stolen and the circumstances. Lower-value items are typically charged as petit theft, while higher-value items may result in felony grand theft charges.

Can a Petty (Petit) Theft Charge Be Dropped or Reduced?

Yes. Depending on the facts of the case, the strength of the evidence, and your criminal history, petit theft charges may be reduced, dismissed, or resolved through alternative options such as diversion programs.

What Happens if This Is My First Theft Offense in Florida?

First-time offenders may be eligible for a misdemeanor diversion program or, in some felony cases, a pretrial intervention program. Successful completion can result in reduced charges or dismissal, helping avoid a permanent conviction.

Will I Lose My Job If I’m Convicted of Theft?

It depends on the type of job, employer policies, and whether a background check is required. Theft convictions are crimes of dishonesty and can negatively affect employment, professional licenses, and career advancement.

Do I Have to Go to Court for a Shoplifting Charge?

In most cases, yes. The process usually involves an arraignment and court appearances. However, some cases are resolved through plea negotiations, diversion programs, or dismissals without going to trial. Talk to a shoplifting attorney in Fort Lauderdale about your case to learn more about the steps you might encounter.

Can a Theft Conviction Be Sealed or Expunged in Florida?

Generally, no. A theft conviction cannot be sealed or expunged under Florida law. Only certain arrests or cases that did not result in a conviction may qualify for sealing or expunction, subject to strict eligibility rules.

We are available 24/7, so don’t wait any longer to get the help you need. Initial consultations are always immediate and confidential. Call our Fort Lauderdale theft crime attorneys today at (954) 840-8713.