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Theft Charges in Florida

Theft in Florida is broken down into several different categories:

• Petit Theft
• Grand Theft
• Property Theft
• Dealing in Stolen Property

Defenses to Theft

Other than alleging a false accusation, there are three primary defenses to the crime of Grand Theft:

1. Good Faith Possession
2. Equal Ownership
3. Valueless Property

Good Faith Possession

Under Florida law, the crime of theft requires proof of a taking with the intent to steal. So a person who takes possession of an item with the good faith belief in the right to the property lacks the requisite intent to commit theft. As a result, a well-founded belief in one's right to allegedly stolen property constitutes a complete defense to the crime of theft.

Equal Ownership

A co-owner of property cannot be held guilty of the theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property.

Valueless Property

Simply put, it is impossible to steal trash. This is because Florida law only criminalizes the stealing of "property." Property is defined as "anything of value" and the value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." Thus if someone places something by the road, it has become trash that presumably has no value.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

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Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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