Theft of Services in Florida: Penalties, Charges, and Defenses

In the context of Florida criminal law, theft of services is a criminal offense that can be committed when an individual uses a service without providing proper compensation for that service. For example, when someone uses deceit, intimidation, force, or another type of unlawful means to obtain a service, their actions can constitute the offense of theft of services.

This type of crime may also arise when someone intentionally fails to pay a company for their services and continues to take advantage of the company until it demands payment or stops providing the service. In addition, theft of services may occur when an individual deliberately re-routes a service that is already being paid for by a different customer and uses that service without paying the company or the other party.

There are also other ways that theft of services may occur, such as:

• If there is a miscommunication between the parties, for example, if the company believes that a customer is already paying for a service and the customer believes they are being automatically charged
• If an individual is accidentally using a WiFi connection that does not belong to the public
• If an individual genuinely is not aware that what they are doing is considered a form of theft

In order to report Florida theft of services crimes, an individual or entity will need to review
Florida laws and the state requirements. In general, however, the reporting entity will need to determine whether they are dealing with a misdemeanor or a felony offense.

In the State of Florida, a theft of service crime will be a misdemeanor offense if the value of the service is less than $750. The offense will likely increase to a felony if the value of the services is more than $750 and will increase by degree depending on the amount.

If a misdemeanor theft of services offense has occurred and an individual has been affected, they may be able to file a lawsuit in their local small claims court. If their lawsuit is successful, they may obtain reimbursement for the financial losses they suffered because of the theft of services.

If felony theft of services occurred, an individual may want to report the offense to local law enforcement. This will help ensure that resolution of their issue is not delayed.

It is important to schedule a Florida lawyer consultation to find out more information about the reporting process as well as to get help with the reporting process.

Common Examples of Theft of Services in Florida

Common examples of scenarios that would be considered theft of services in Florida may include:

• Evading payment of hospital bills or medical bills
• Using public transportation without paying for a ticket or other appropriate fees
• Not paying the bill for services such as cable or WiFi after they have been installed
  • It is important to note that it does not matter whether this is done deliberately or accidentally
• Using software or hardware that illegally diverts cable or WiFi services to the individual’s residence
• Not paying for repair services, for example, car mechanic fees, landscaping expenses, or home renovation costs
• Using another individual’s credit card without permission to pay for services
• Staying in a hospitality location, such as a hotel or motel, and checking out without paying the bill
• Drinking or eating at a location without paying the check, also called dining and dashing
• Adjusting a gas or electric meter connected to an individual’s residence in order to decrease the amount they will be required to pay each month on their utility bill
• Providing or forging a fraudulent copy of a bill in order to trick a service provider into thinking an individual has already paid for services, paying less than they actually do, or attempting to get extra services

If an individual has engaged in any of the conduct discussed above, they should be aware that they may be charged with theft of services and may face serious legal consequences.

Penalties for Theft of Services in Florida

The penalties for theft of services theft crimes in Florida will vary depending on the value of the services at issue. In general, the categories in Florida are as follows:

• Second Degree Misdemeanor: Less than $100 – Up to 60 days in jail and $500 in criminal fines
• First Degree Misdemeanor: Between $100 and $749 – Up to one year in jail and $1,000 in criminal fines
• Third Degree Felony: Between $750 and $19,999 – Up to five years in prison and $5,000 in criminal fines
• Second Degree Felony: Between $20,000 and $99,999 – Up to 15 years in prison and $10,000 in criminal fines
• First Degree Felony: Greater than $100,000 – Up to 30 years in prison and $10,000 in criminal fines

It is important to be aware that, if an individual is convicted of multiple felonies, their punishment may increase. In addition, Florida has a Three-Time Violent Felony Offender Act which mandates severe penalties for multiple violent felony convictions.

Victims of theft of services crimes can also seek monetary damages from defendants by filing lawsuits in civil court. In these cases, defendants may be required to pay civil damages in addition to criminal fines if they are found liable.

For more information on obtaining compensation for theft of services, it is important to consult with a Florida lawyer.

Key Defenses to Theft of Services Charges in Florida

There are several different legal defenses that may be available to a Florida defendant against theft of services charges.

Lack of Intent

A defendant may be able to argue that they lacked the intent or the required level of intent for the offense to reach the level of theft of services.

Entitlement

Depending on the facts of the case, a defendant may also be able to argue that they were entitled to receive the services if they are able to provide evidence, such as receipts, proving they already paid for the services.

Reduced or Dropped Charges

If enough evidence is available, a defendant may be able to petition the court to have the charges against them reduced or dropped. For example, if a person charged with felony larceny can show the amount of services stolen only rose to the level of a misdemeanor offense, the charges may be lowered from a felony to a misdemeanor.

Coercion

If the defendant was forced to commit the theft of service under threat of physical harm, they can raise coercion as a legal defense. A Florida attorney will be able to determine what defenses are available in each specific case based on the facts and circumstances.

What Evidence Helps Support a Theft of Services Defense?

There are certain types of evidence that may be necessary to have a successful theft of service defense, including:

• Any documents supporting the defendant’s theory
  • If, for example, the defendant claims they are entitled to receive the services, they will need to provide receipts, paid bills, or other similar documents
• Any other types of evidence that supports the case, such as photos or videos
  • For example, a defendant may be able to provide photographic evidence that it would not have been physically possible to divert the services or that they, in fact, did not divert services

It is important for paying customers to keep receipts of their utility bills as well as other services they pay for. Many providers now provide paperless billing, which allows access to both electronic receipts and the option to print a paper copy if needed.

These documents can also be used to protect an individual against a fraudulent or false claim that is made against them by another party.

When Should I Talk to a Florida Theft Defense Lawyer?

If you are facing theft of services charges in Florida, it is essential to consult with a Florida criminal defense lawyer. Your criminal defense attorney can review your case, determine what defenses you may be able to present, and ensure your rights remain protected throughout the process.

If you need to file a report for theft of services, it can be helpful to consult with an attorney to make sure you comply with the necessary procedures and are not in violation of any Florida laws yourself. An attorney can help you file a civil lawsuit against another party to recover damages, if necessary.

No matter what type of theft of services related legal assistance you need, LegalMatch can help you find a licensed and prescreened Florida attorney in just a few minutes using the online submission platform. Once you complete the process, you will receive responses from Florida lawyers who can help, so get started today.