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Theft Defense Lawyers Near You in Orlando, FL
Expert Theft Crime Defense Legal Representation in Florida
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If you are facing theft charges in Florida, you need an experienced criminal defense attorney immediately. Theft convictions carry serious consequences including jail time, heavy fines, and a permanent criminal record that can affect your employment, housing, and future. At Smith & Eulo, our theft defense lawyers have successfully defended thousands of clients across Florida against charges ranging from petit theft and shoplifting to grand theft and robbery.
What Happens After a Theft Arrest
1. Arrest
Detained, arrested, and charged with theft
2. Booking
Fingerprinted, photographed, and processed at jail
3. First Appearance
Bond hearing within 24 hours where release conditions are set
4. Arraignment
First court appearance where you enter a plea
5. Negotiation
Your attorney challenges evidence and negotiates with prosecutors
6. Trial or Dismissal
Case may be dismissed, resolved by plea, or go to trial
How We Defend Theft Cases
Lack of Intent
Theft requires intent to deprive. Mistakes, misunderstandings, or mental health issues can negate intent.
Ownership or Right to Property
If you had a legitimate claim to the property, it cannot be theft. We establish rightful ownership.
Insufficient Evidence
We scrutinize surveillance footage, witness statements, and police reports for gaps and inconsistencies.
Illegal Search & Seizure
If evidence was obtained through an unlawful search, we file motions to suppress it.
Value Disputes
Challenging the value of stolen property can reduce charges from felony grand theft to misdemeanor petit theft.
Theft Penalties in Florida
Petit Theft (2nd Degree) — Under $100
Misdemeanor | Up to 60 days jail | $500 fine | License suspension
Petit Theft (1st Degree) — $100 to $750
Misdemeanor | Up to 1 year jail | $1,000 fine
Grand Theft (3rd Degree) — $750 to $20,000
Felony | Up to 5 years prison | $5,000 fine
Grand Theft (2nd Degree) — $20,000 to $100,000
Felony | Up to 15 years prison | $10,000 fine
Grand Theft (1st Degree) — Over $100,000
Felony | Up to 30 years prison | $10,000 fine
Florida Theft Laws
Florida Statute 812.014
Defines theft as knowingly obtaining or using another’s property with intent to deprive them of it permanently or temporarily.
Retail Theft (Florida Statute 812.015)
Shoplifting carries civil penalties in addition to criminal charges. Stores can seek civil restitution regardless of prosecution.
Enhanced Penalties
Theft from elderly victims (65+), theft during emergencies, or theft with prior convictions all carry enhanced penalties.
License Suspension
Florida suspends your driver’s license upon a petit theft conviction, even though driving wasn’t involved.
Counties We Serve
Orange County
Orlando, Winter Park, and surrounding areas.
Hillsborough County
Tampa and Tampa Bay area courts.
Seminole County
Sanford, Altamonte Springs, Lake Mary.
Osceola County
Kissimmee and Osceola County courts.
Polk County
Lakeland, Winter Haven, and surrounding areas.
Brevard County
Melbourne, Cocoa, and Space Coast.
Frequently Asked Questions
Possibly. First-time offenders may qualify for a pretrial diversion program. Completing diversion results in dismissal of the charges and possible expungement. An attorney can evaluate your eligibility.
It depends on the outcome. If adjudication was withheld, you may be eligible for expungement. A full conviction typically cannot be expunged. Fighting for withheld adjudication from the start is critical.
Yes. Even misdemeanor petit theft convictions appear on background checks and can affect employment, housing, and professional licenses. Fighting the charge aggressively is always worthwhile.
Grand theft is any theft of property valued at $750 or more. It is charged as a felony with penalties ranging from 5 to 30 years in prison depending on the value of the property.
Meet Your Defense Team
What Our Clients Say
Why Choose Smith & Eulo?
20+ Attorneys – Full team of experienced criminal defense lawyers
15+ Florida Offices – Serving defendants throughout the state
Thousands of Cases Handled – Decades of combined experience
Board Certified Criminal Trial Lawyer – Recognized expertise
Available 24/7 – We answer when you need us most
Case Results
Grand Theft Dismissed – Insufficient evidence, case dropped entirely
Felony Reduced to Misdemeanor – Value disputed, charge reduced saving client’s record
Diversion Secured – First-time offender entered diversion, charges dismissed
500+ Theft Cases – Successfully resolved throughout Florida
Consequences Beyond Court
Employment: Theft convictions are red flags on background checks, especially for jobs handling money or property.
Professional Licenses: Nurses, real estate agents, and other licensed professionals face board action.
Immigration: Theft offenses are crimes of moral turpitude with serious deportation consequences.
Driver’s License: Florida suspends your license even for petit theft convictions.
Civil Liability: Stores can pursue civil penalties of up to $200 plus the value of the merchandise.
Related Charges
Burglary – Entering a structure to commit theft or another offense
Robbery – Theft using force, violence, or intimidation
Fraud – Obtaining property through deception or misrepresentation
Receiving Stolen Property – Knowingly possessing stolen goods
Identity Theft – Using another person’s identity to obtain property or services
Ultimate Theft FAQ
Yes. First-time theft offenders in Florida may qualify for pretrial diversion, which results in dismissal upon completion. An experienced attorney significantly increases your chances of securing diversion.
Grand theft is theft of property valued at $750 or more and is charged as a felony. Petit theft is under $750 and is a misdemeanor. The distinction is critical because felony convictions carry much harsher penalties and lasting consequences.
If adjudication was withheld (meaning the judge did not formally convict you), you may be eligible for expungement. A straight conviction is generally not eligible. This makes fighting for withheld adjudication critically important.
Yes. Theft offenses are considered crimes of moral turpitude under immigration law. Even a misdemeanor petit theft conviction can trigger deportation, denial of a green card, or bars to citizenship for non-citizens.
Florida law allows retail stores to seek a civil demand letter for up to $200 plus the value of the merchandise, regardless of whether criminal charges are filed. You may receive this letter even if charges are dropped.
Florida suspends your driver’s license upon conviction of petit theft, even though theft has nothing to do with driving. This is one of the less-known consequences of a theft conviction that catches many people off guard.
Possibly. If you shoplifted while experiencing a mental health crisis, addiction, or other medical condition, these circumstances can be used as mitigating factors to negotiate diversion, reduced charges, or alternative sentencing.
Facing Theft Charges? Call Us Now.
Don’t face theft charges alone. Call Smith & Eulo immediately. Available 24/7, free consultation, and payment plans available.
What To Do Right Now
Don’t plead guilty yet. Many theft charges can be dismissed or reduced through diversion.
Stay silent. Do not speak to loss prevention, police, or prosecutors without an attorney.
Document everything. Write down exactly what happened while it’s fresh.
Call us immediately. Early intervention maximizes your chances of dismissal.
Related Resources
Florida Theft Statutes Explained – Understanding F.S. 812.014
Pretrial Diversion in Florida – Is diversion an option for you?
Shoplifting After Leaving the Store – Know your rights
Theft & Immigration – Critical info for non-citizens
Civil Demand Letters – What stores can and can’t do
