Theft & Embezzlement Defense in Tallahassee

How Florida grades theft

Theft is graded by the value of the property. Petit theft is a misdemeanor. Grand theft becomes a felony at $750, with the degree escalating at higher values, and certain property, including firearms and motor vehicles, is grand theft regardless of value.

Values can also be aggregated. A series of small transactions alleged to be part of one scheme may be charged as a single felony rather than a set of misdemeanors, which is how workplace cases involving modest individual amounts become serious felonies.

Embezzlement and workplace allegations

Florida has no separate “embezzlement” statute. These are prosecuted as theft, on the theory that property lawfully in someone’s possession was converted to their own use. They typically arise from an internal audit, and they arrive with the employer’s accounting already assembled.

That accounting deserves scrutiny. In our experience these cases frequently involve poor bookkeeping, informal practices that were tolerated for years, authority that was granted verbally and later denied, disputed expense reimbursements, or a genuine civil disagreement over compensation recast as a crime.

If you are under internal investigation but not yet charged, that is the moment when counsel matters most. Statements made in an HR interview are not privileged and will be handed to law enforcement.

What the State has to prove

Every theft charge requires proof of intent, meaning that the property was knowingly obtained or used with the intention of depriving the owner of it. Intent is where these cases are contested. A genuine belief that you were entitled to the property, authorization you reasonably understood you had, or an accounting error are all inconsistent with criminal intent.

Valuation is the other pressure point, because it determines the degree of the offense. Value means fair market value at the time of the offense, and the State’s figure is frequently the replacement cost or the original purchase price instead.

Resolutions that protect your record

Because so much of the harm in these cases is collateral, the goal is often to secure an outcome that avoids a conviction for a crime of dishonesty. Restitution, pretrial diversion, a civil settlement with the alleged victim, or a plea to a non-theft offense may all be available depending on the facts and your history.

A conviction for a crime involving dishonesty is disqualifying for a great many jobs and professional licenses, and it can be used to impeach your testimony in any future proceeding for the rest of your life. That is the real stake in these cases, and it should drive the strategy.