Dedicated Criminal Defense Attorneys On Your Side for Theft & Fraud Cases

If you have been charged committing fraud or theft in DeLand, Deltona, Daytona Beach, or other area of Volusia County and are seeking honest, dedicated, and aggressive legal representation, contact the criminal defense attorneys at the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.

Theft & Fraud

Grand Theft

Under Florida Statute 812.014(2), “Grand Theft” is defined as unlawfully taking another person’s property that is valued at $300 or more.

Besides proving the value of the items taken, to prove grand theft the State must also prove that the person took another person’s property with the intent to deprive that person of a right or benefit of the property, or that the property was taken for personal use or the use of another person not entitled to the use of the property.

Penalty: the penalty for grand theft is dependent upon the value of the property unlawfully taken, and penalties increase based on the value of the stolen property.

• Grand Theft of the First Degree: property is worth more than $100,000; or is shipping cargo worth more than $50,000.
  • Considered a felony of the first degree, which is punishable by up to 30 years imprisonment or up to $10,000 in fines.
• Grand Theft of the Second Degree: property is worth less than $100,000, but more than $20,000; is shipping cargo worth less than $50,000; or is emergency medical equipment worth more than $300.
  • Considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
• Grand Theft of the Third Degree: property is worth more than $300, but less than $20,000; is a will, codicil, or other testamentary instrument; a firearm; or a motor vehicle.
  • Considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.

Petit (Petty) Theft

Under Florida Statute 812.014(3), “Petit Theft” is defined as unlawfully taking another person’s property that is valued at $300 or less.

To prove that the crime is petit theft, the State must prove that the person took another person’s property with the intent to deprive that person of a right or benefit of the property, or that the property was taken for personal use or the use of another person not entitled to the use of the property.

Penalty: the penalty for petit theft is dependent upon the value of the property that was stolen.

• Petit Theft of the First Degree: the value of the stolen property is worth more than $100, but less than $300; or the offender has a prior theft conviction. This is punishable by up to one year in jail or a fine of up to $1,000.
• Petit Theft of the Second Degree: the value of the stolen property is worth less than $100. This is punishable by up to six months in jail or up to $500 in fines.

Dealing in Stolen Property

Florida Statute 812.019(1), defines “Dealing in Stolen Property” as any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen.

Penalty: dealing in stolen property is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.

Florida Statute 812.019(2), expands “Dealing in Stolen Property” as any person who initiates organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property.

Penalty: this second level of dealing in stolen property is considered a felony of the first degree, which is punishable by up to 30 years imprisonment and up to $10,000 in fines.

Scheme to Defraud

Under Florida Statute 817.034, “Scheme to Defraud” is defined as a systematic, ongoing course of action to intentionally defraud one or more persons, or to intentionally obtain property from one or more persons, by false or fraudulent pretenses, representations, promises, or willful misrepresentations of a future act.

In Florida, Scheme to Defraud can be classified as either Organized Fraud or Communications Fraud.

• Organized Fraud - FL Statute 817.034(4)(a) is committed when a person engages in a scheme to defraud and actually obtains
• Communications Fraud - FL Statute 817.034(4)(b) is committed when a person engages with a scheme to defraud and, in furtherance of that scheme, communicates with any person with intent to obtain property from that person.

Penalty: the penalties for scheme to defraud in the state of Florida are dependent upon the value of property, and whether the offender committed organized fraud or communications fraud.

• Organized Fraud of $50,000 or More: considered a felony of the first degree, which is punishable by up to 30 years imprisonment and up to $10,000 in fines.
• Organized Fraud of $20,000 to $50,000: considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
• Organized Fraud of Less Than $20,000: considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.
• Communications Fraud of $300 or More: considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.
• Communications Fraud of Less Than $300: considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $500 in fines.

Fraudulent Use of a Credit Card

Under Florida Statute 817.61, “Fraudulent Use of a Credit Card” is defined as a person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card unlawfully obtained or retained or a credit card which he or she knows is forged, or who obtains money, goods, services, or anything else of value by representing, without the consent of the cardholder, that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued.

Penalty: The penalty for fraudulent use of a credit card is dependent upon either the number of times the credit card was used within a six-month period, or the value of the goods obtained within a six-month time period.

• Misdemeanor Fraudulent Use of a Credit Card: a credit card was unlawfully used less than two times in a six-month period, and the items obtained were valued at less than $100.
  • Considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $1,000 in fines.
• Felony Fraudulent Use of a Credit Card: a credit card was used more than two times in a six-month period, or the items obtained were valued at more than $100.
  • Considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.

Issuing Worthless Checks

Under Florida Statute 832.05(2), “Issuing Worthless Checks” is defined as knowingly drawing, making, uttering, issuing, or delivering to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation.

Penalty: the penalty for issuing worthless checks is dependent upon whether the worthless check was $150 or more.

• Felony Issuing Worthless Checks: issuing a worthless check in an amount of $150 or more is considered a felony of the third degree, which is punishable by up to five years in prison and up to $5,000 in fines.
• Misdemeanor Issuing Worthless Checks: issuing a worthless check in an amount less than $150 is considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $1,000 in fines.