An individual commits theft by deception when they use false pretenses to take property, money, or services from another person. Theft by deception can be a misdemeanor or a felony theft offense in Florida, depending on the value of the property stolen. A Florida lawyer consultation would be helpful in understanding the law of theft by deception in that state.
Simple theft involves the physical taking of someone else’s property without their consent.
Theft by deception involves using false information to trick or mislead the victim who gives the perpetrator their money, property or services, because they have been defrauded.
The essential elements of the crime of theft by deception that make it a unique crime are as follows:
- Intent to Deceive: The perpetrator must intend to deceive the victim at the time the theft is committed.
- False Representation: The defendant must have made a false representation or used deceptive practices to convince the victim to part with their property, money or labor.
- Reliance: The victim must have relied on the false representation when deciding to transfer their property or money.
- Loss: The victim must have experienced either a loss of property, money, or their labor because of the deception.
A Florida lawyer would be able to explain each element of the crime in more detail.
What Are Examples of Theft by Deception in Florida?
Some examples of theft by deception are as follows:
Theft by a Company Employee: A company’s account or controller is in a position to steal money from a company while pretending to perform their duties legally and ethically. An insider is in a position to make payments to themselves from company funds, while recording the payments as reimbursements for payments of legitimate expenses when in fact they were not.
Insurance Fraud: In an insurance fraud, an insured person or someone who can benefit from another person’s insurance coverage presents a fake claim that requires payment from the insured person’s insurance company. For example, thieves may intentionally stop without warning in the road, so that the car behind them strikes the rear end of their car. Then they claim that they have suffered soft-tissue injury in order to inflate the value of their claim.
The insurance company of the car that struck the car of the thieves must pay the claim as it appears that the driver of this car was at fault in causing the accident.
Identity Theft: all types of crimes that involve obtaining and using someone else’s personal data through fraud or deception for their own economic gain.
For example, a person may save their credit card information on their computer or within a pre-filled form on a website. If a hacker gains access to it and uses it to purchase things, then this would be considered an act of identity theft.
Phishing: Phishing can be seen as a form of theft by fraud. Phishing happens when an unsuspecting victim voluntarily gives some type of personal information, e.g., their Social Security number or the number of a bank account, to someone whom they think represents a legitimate government agency or a legitimate business.
The thief sometimes presents themselves as the representative of a company with which the victim may already have a connection.
Theft by fraud may involve vehicle theft as well. Any kind of real or personal property can be stolen by theft involving fraud and deception.
What Are the Penalties for Theft by Deception in Florida?
In Florida, the punishment to which a judge may sentence a defendant convicted of theft by deception varies based on the value of the property stolen and the defendant’s criminal record.
Florida law classifies theft offenses into different degrees. Each one has its own punishment as follows:
- First-Degree Petit Theft: If the property involved in the theft has a value between $100 and $300, the crime is a first-degree misdemeanor. It may be punished by incarceration of a maximum of 1 year in a county jail, 1 year of probation, and/or payment of a fine of up to $1,000.
- Second-Degree Petit Theft: If the property involved in the theft has a value of less than $100, the crime is a 2nd-degree misdemeanor. It may be punished by incarceration of up to 60 days in jail, 6 months of probation, and/or payment of a fine of up to $500.
- Third-Degree Grand Theft: If the property involved in the theft has a value of $300 to $20,000, the crime is a 3rd-degree felony. It is punishable by up to 5 years in prison, 5 years of probation, and/or payment of a fine of up to $5,000.
- Second-Degree Grand Theft: If the property involved in the theft has a value between $20,000 and $100,000, the crime is a 2nd-degree felony. The punishment is incarceration for up to 15 years in prison, 15 years of probation, and/or payment of a fine of up to $10,000.
- First-Degree Grand Theft: If the property involved in the theft has a value of $100,000 or more, the crime is a 1st-degree felony. It can be punished by incarceration for up to 30 years in prison and/or payment of a fine of up to $10,000.
Under the Florida Communications Fraud Act, individuals involved in systematic, ongoing fraudulent schemes may be subject to more severe punishment. They may be sentenced to longer periods of imprisonment and higher fines. The Act targets white-collar crimes involving significant financial losses to multiple victims.
If a defendant can present mitigating factors to the judge at their sentencing hearing, they might win a sentence that is less harsh, e.g., they could have to pay a fine only and in an amount that is far below the possible maximum.
Mitigating factors could be personal attributes of the defendant, e.g., their young age, their mental competence, the lack of a criminal record, or a personal history of abuse or trauma.
On the other hand, factors involved in the commission of the crime itself may be mitigating factors, e.g., the defendant was coerced or pressured into committing the offense or the defendant did not have a clear intent to inflict damage on the victim.
Are There Any Defenses for a Theft by Deception Charge in Florida?
There are defenses for theft by deception in Florida. Some of them are as follows:
- Lack of Intent: A defendant can argue that they never intended to deceive the victim. The defendant may be able to offer some other, innocent explanation for their actions.
- Consent: The defendant may be able to prove that the victim consented to giving them their property or money while knowing all of the relevant facts.
- Mistaken Identity: A defendant may claim they were not the person who committed the theft by deceit and that they have been mistakenly identified as the perpetrator.
- Insufficient Evidence: The defendant can always argue that the prosecution’s evidence is not sufficient to prove that they committed the crime beyond a reasonable doubt.
- Alibi Defense: A defendant can claim that they were somewhere else doing something else at the time the crime was committed. It is helpful if they can produce a witness who can testify to the effect that they were present with the defendant far from the place where the crime took place when it happened.
What Should I Do If I Am the Victim of Theft by Deception in Florida?
A person who has been victimized in a theft by deception should gather up any evidence they may have relating to the crime and contact their local law enforcement agency, e.g., their municipal police department, to report it. They should be sure to ask the officer to whom they report the crime to prepare a written police report.
When Should I Talk to a Florida Theft Defense Lawyer If I Have Been Charged?
If you have been charged with theft by fraud in Florida, you want to talk to a Florida criminal defense lawyer. Your lawyer can review the facts of your case and the evidence the prosecution may have. They may be able to negotiate a less serious charge, e.g., a misdemeanor theft charge as opposed to a felony charge. Or they may be able to help you avoid being charged at all.
If you are charged, your lawyer will be able to identify defense strategies to defeat a conviction. You should not wait to talk to your lawyer. The sooner you involve your lawyer, the sooner your lawyer can start protecting your interests.
