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Embezzlement Charges in Florida: Laws, Grand Theft Penalties and Defense
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Embezzlement Charges in Florida: Laws, Grand Theft Penalties and Defense
Embezzlement is a tricky crime in Florida. There’s no specific law against embezzlement, but it falls under the state’s general theft laws. So prosecutors charge embezzlers with grand theft, which is a felony, or petit theft, a misdemeanor.The charges and penalties depend on how much money or property was taken. Steal a little, and you may just get probation. But take a lot, and you could end up in state prison for decades.This article will explain how embezzlement works in Florida. We’ll look at the laws, penalties, and possible defenses if you’re charged. My goal is to explain things in simple English anyone can understand.
What is Embezzlement in Florida?
Embezzlement happens when someone who’s entrusted with property or money takes it for themselves. Common examples are:
- An employee taking money from the company
- A contractor billing for work they didn’t do
- A family member stealing from an estate
Unlike regular theft, the victim voluntarily gave access to the property. But the person took advantage and stole it anyway.Florida laws punish embezzlement under the general theft statutes. Prosecutors typically charge it as grand theft or petit theft, depending on the value.There are two main laws:
- Grand theft – a felony for stealing property worth $750 or more
- Petit theft – a misdemeanor for stealing less than $750
So whether you’re charged with a felony or misdemeanor depends on the value. More on that below.
Grand Theft vs. Petit Theft
Whether embezzlement is grand theft or petit theft depends on the value of what was stolen. Here are the thresholds:Grand Theft
- $750 or more – third-degree felony
- $20,000 to $100,000 – second-degree felony
- $100,000 or more – first-degree felony
Petit Theft
- Less than $750 – first or second-degree misdemeanor
So if you’re accused of taking $5,000, it’s a third-degree felony. But take less than $300, and it may just be a misdemeanor.
Penalties for Embezzlement
The penalties for embezzlement depend on whether it’s grand theft or petit theft. And for grand theft, it depends on the degree.Here are the potential sentences if convicted:
First-Degree Grand Theft
- Up to 30 years in prison
- Up to $10,000 fine
Second-Degree Grand Theft
- Up to 15 years in prison
- Up to $10,000 fine
Third-Degree Grand Theft
- Up to 5 years in prison
- Up to $5,000 fine
First-Degree Petit Theft
- Up to 1 year in jail
- Up to $1,000 fine
Second-Degree Petit Theft
- Up to 60 days in jail
- Up to $500 fine
The value thresholds are different for certain property like cars, firearms, or cargo. But the penalties are similar.Judges can also suspend driver’s licenses for up to one year. And you’ll likely have to pay restitution to repay what was stolen.
Embezzlement Defenses
There are several possible defenses if you’re charged with embezzlement:
You had permission
If the owner consented to you having the money or property, it’s not theft. For example, an employee authorized to write checks or withdraw cash.
You didn’t intend to deprive the owner
Prosecutors must prove you intended to deprive the owner. If you borrowed money but planned to repay it, you may not have criminal intent.
You made a mistake
Honest mistakes could negate intent. Like withdrawing what you thought was your money, but was actually the company’s account.
Duress or necessity
Taking money or property under duress or absolute necessity could provide a defense. But the threat must be immediate and leave no alternative.
Consent
If the owner consented to you having the property, it’s not theft. For example, writing checks with the owner’s permission.
Value dispute
Disputes about the value of property taken. If it’s really under $750, it may only be a misdemeanor, not a felony.An experienced criminal defense attorney can evaluate the facts of your case and decide which defenses to pursue.
How an Attorney Can Help
If you’re charged with embezzlement in Florida, an attorney can be critical to getting the best outcome. Here are some of the ways a lawyer can help:
- Evaluate the evidence and determine the strengths and weaknesses of the case
- Negotiate with the prosecutor, possibly getting charges reduced or dismissed
- Develop defense strategies based on the facts and the law
- Challenge improper police procedures that violate your rights
- Present evidence and question witnesses at trial
- Make persuasive arguments to the judge or jury