False Pretenses Lawyers in Florida

Theft by false pretenses is a serious criminal offense in Florida. In that state, the crime is referred to as “theft by deception.” The crime involves one person using some type of fraud to take possession of the money or property of another person.

Theft by deception is one of several theft crimes in Florida . Other theft crimes are identity theft, larceny, embezzlement and fraud. A Florida lawyer would be able to tell a person more about the various types of theft crimes in Florida law.

The elements of theft are as follows:

• Taking: The crime of theft always involves one person taking the property of another person
• Lack of Consent: Without the consent or authorization of the other
• Intent: With the intent to deprive the other person of their property permanently.

Theft by deception is a theft crime that may be charged as petit theft, a misdemeanor, or as grand theft, which can be charged as a misdemeanor or a felony depending on the facts of the case and the perpetrator’s criminal history.

The penalties for theft by deception in Florida depend on the value of the property stolen and the defendant’s prior criminal history. Florida law classifies theft offenses into different degrees, each having a specific punishment as follows:

• First-Degree Petit Theft: If the value of the property stolen has a value between $100 and $750, it is charged as a first-degree misdemeanor. The punishment is a maximum of 1 year in jail, 1 year of probation and payment of a fine of up to $1,000.
• Second-Degree Petit Theft: If the value of the property stolen is less than $100, the crime is charged as a second-degree misdemeanor. punishable by a maximum of 60 days in jail, 6 months of probation, and payment of a fine of up to $500.
• Third-Degree Grand Theft: If the property stolen has a value between $300 and $20,000, it is charged as a third-degree felony. The punishment is a maximum of 5 years in prison, 5 years of probation, and payment of a fine of up to $5,000.
• Second-Degree Grand Theft: If the property stolen has a value between $20,000 and $100,000, it is charged as a second-degree felony. It is punished by a maximum of 15 years in prison, 15 years of probation, and payment of a fine of up to $10,000.
• First-Degree Grand Theft: If the property stolen has a value of $100,000 or more, it is charged as a first-degree felony. It can be punished by a maximum of 30 years in prison and payment of a fine of up to $10,000.

Under the Florida Communications Fraud Act (FCFA), individuals involved in fraud schemes that are systematic and continue over long periods of time may face more severe punishment. They may be sentenced to longer prison sentences and payment of higher fines. The FCFA seeks to impose harsher punishment on white-collar financial crimes that involve major financial losses to multiple victims.

The punishment for theft by deception may also be “enhanced,” i.e., made more severe, if the victim of the crime is over 65 under Florida’s laws that address exploitation of the elderly.

What Are the Legal Elements of Theft by Deception in Florida?

Deception is using statements that are false to induce someone to part with their property or money. Or, the deception could involve conduct that misleads another person. Deception may involve communicating lies about material facts, creating false impressions, or omitting the communication of significant information that would influence a victim’s decision-making.

The property that is taken may be anything of value. It might be cash money, some type of good, real estate or financial instruments such as stock or bond certificates. In the context of theft by deception, property refers to any asset that can be obtained through fraudulent means.

The prosecution must also prove that the perpetrator had the intent to deceive their victim. The deception must have been effected intentionally and not recklessly or unknowingly.

Some cases may involve a scheme to defraud, a systematic, ongoing plan to deceive or defraud multiple victims in order to obtain property or money. This definition is relevant when the crime is charged under the Florida Communications Fraud Act, which addresses large-scale fraudulent conspiracies.

What Are Some Examples of False Pretenses Crimes in Florida?

Some examples of false pretenses crimes in Florida are the following:

• A caretaker may convince an elderly person in their care to hand over money by pretending to be trustworthy and agreeing to deposit it in the bank when, in fact, they intend to and do disappear with the cash.
• An individual may claim that they own real property they do not in fact own and then sell it to a buyer who does not suspect the truth. The buyer pays for the property and ends up with no real estate.
• A perpetrator may forge checks or use a credit card that does not belong to them, and this crime would qualify as theft by deception.
• Contractors may claim to have completed work they did not actually perform. Or, they may falsely inflate the cost of materials used for a project to increase a homeowner’s bill.
• Individuals may create fake dating profiles or send out spam emails to make contact with other individuals. Once contact is made, they begin spinning stories of bad luck or financial hardship and ask for money or gift cards. They falsely promise the victim a relationship or some benefits in exchange for the funds.
• Unscrupulous individuals often solicit contributions to bogus charities from unwary, well-meaning donors. This type of fraud is especially common after highly publicized natural disasters.

What Is the Difference Between False Pretenses and Fraudulent Misrepresentation Under Florida Law?

False pretenses, or theft by deception, is a criminal offense. The state, e.g., Florida, represented by local district attorneys, prosecutes crimes, assisted by law enforcement agencies. Federal law enforcement authorities prosecute federal crimes. An individual who is convicted of a crime may be punished by incarceration in a county jail or in a state or federal prison. They may be subject to other punishment as well, e.g., the payment of fines.

Fraudulent misrepresentation is a civil wrong, a “tort” in legal terminology. A private party, e.g., an individual or a business, may file a lawsuit naming the person responsible for defrauding them. They would file their lawsuit in a civil court claiming fraudulent misrepresentation. If they are successful in their suit, they would win an award of money damages to compensate them for their financial losses.

A Florida lawyer consultation would assist a person in understanding the difference between a criminal case and a civil case in Florida.

Do I Need a Florida Criminal Defense Attorney for False Pretenses Charges?

If you have been charged with the crime of theft by deception in Florida, you want to speak to a Florida criminal defense lawyer. If the crime has been charged as a felony, the punishment can include a minimum of 5 and as many as 30 years in state prison. So, the stakes are high.

You want a lawyer who can review the facts and identify defenses you have as well as weaknesses in the prosecution’s case. With this information, your lawyer can negotiate a plea deal or possibly go to trial.