Marco Island Theft Lawyer

Marco Island Theft Lawyer


The consequences for committing theft can vary widely based on how serious the theft offense is. Any aggravating factors could influence the severity of the punishment, such as burglary, which could be a violent crime if it includes an assault. Florida has relatively harsh laws regarding theft, as it can result in long prison sentences. For the greatest chance of mitigating possible penalties, reach out to the Law Office of Donald P. Day for an experienced Marco Island theft lawyer and law firm.

Marco Island Theft Lawyer


The types of theft in Marco Island, Florida include petit theft, grand theft, and retail theft. They each have their own penalties, depending on their severity.

Petit Theft

The lowest theft offense in Florida is petit theft, otherwise known as petty theft. This level of theft is typically a misdemeanor, with penalties including jail time and a fine.

  • Second degree: If someone steals property that holds less than $100 in value, that person can face not only a maximum of 60 days in jail but also a fine of $500.
  • First-degree: Stolen property that has a value of at least $100, but no more than $749, would subject the offender to a first-degree petit theft charge. If convicted of such an offense, the person could face up to one year in jail time and a fine of $1,000.

Grand Theft

Grand theft is a felony crime in the state of Florida and can have serious consequences for the offender if there is a conviction.

  • Third degree. Grand theft in the third degree consists of several theft offenses, including theft of property between $750 and $19,999 in value, property stolen from inside or around a person’s house that has a value of between $100 and $750, and more. Penalties include up to five years in prison and a fine of up to $5,000.
  • Second degree. Some offenses that constitute second-degree grand theft include stealing property that holds a value of between $20,000 and $100,000 and stealing police or emergency medical equipment that costs at least $300. Prison time up to 15 years and a fine of up to $10,000 are the penalties for a second-degree felony.
  • First degree. A first-degree grand theft charge is the most serious theft offense in Florida. It includes stealing property with a value of at least $100,000 and grand theft involving the use of a vehicle for something other than a getaway car. A person convicted of a first-degree felony can be penalized with up to 30 years in prison and a possible $10,000 fine.

Retail Theft

Shoplifting is classified under the general penalties of theft but has some specific criminal and civil penalties. Shoplifters who are repeat offenders can be ordered by the court to pay between $50 and $1,000 in fines or do community service. Using an anti-shoplifting device is a third-degree felony.

In terms of civil penalties, someone who engages in theft may have to pay the victim three times the value of the damages or $200, depending on which is the greater amount. They may also have to repay the victim for any fees that went toward a lawyer or court.


A lawyer can defend you against theft charges with the following strategies:

  • Claim of ownership. The person charged with theft has a reasonable belief that the property belongs to them.
  • Entrapment. The accused can make the claim that they only committed theft because law enforcement convinced them to do so. Otherwise, they would not have done it.
  • Consent. If the accused party was explicitly given consent by the owner to take the property, this could be a defense.
  • Lack of intent. If there was no intention to deprive the owner of their property or keep the property from the owner for any period of time, it can be argued that there was no theft.

For any charges involving theft, hire a criminal defense lawyer who knows which defenses could benefit your case. An attorney can work to negotiate a plea deal, get your charges reduced or dropped, and defend you in court.

FAQs About Marco Island Theft Laws

What Is the Law on Theft in Florida?

According to Florida statutes, someone commits theft if they knowingly take, use, or attempt to take or use another person’s property for themselves or someone else. Intending to deny a person the right to their property is also theft. The penalties for theft can vary based on the type of theft committed and if there are any aggravating factors.

Is Theft a Felony or Misdemeanor in Florida?

Theft can qualify as either a felony or a misdemeanor in Florida. Classifying the offense as one or the other depends on a few factors of the case, including how many times the offender has committed theft in the past and what kind of theft was committed. Petit theft is usually classified as a misdemeanor, while grand theft is classified as a felony.

Do First-Time Shoplifters Go to Jail in Florida?

It is entirely possible for a shoplifter to receive jail time in Florida, even if it is their first offense. Petit theft carries the lowest jail sentence of up to 60 days for stealing things that have less than a $100 value. The amount of jail time one receives for a first-time theft is based on the specifics of their case and the ability of their attorney to advocate on their behalf.

How Long Do You Have to Press Charges for Theft in Florida?

The statute of limitations for theft depends on how severe the theft offense was. In Florida, misdemeanors in the first degree have a statute of limitations of two years, while misdemeanors in the second degree have a statute of limitations of one year. Felony theft offenses in the first degree typically have a statute of limitations of four years, while second and third-degree felony offenses have one of three years.


If you or someone you know has been charged with theft, you’ll want a skilled lawyer on your side. Contact the Law Office of Donald P. Day for legal assistance. With a combined 45 years of experience handling criminal cases, our team has the skill set and the knowledge to confidently serve you.