As former Florida prosecutors, we’ve tried hundreds of cases and bring a rare insider’s perspective to every defense. We understand how cases are built on both sides, which helps us negotiate more effectively, positioning each case for the strongest possible outcome.
There is no question that theft-related charges in Florida can have serious consequences. In order to defend yourself from a theft or shoplifting conviction, you need a criminal defense lawyer who understands the legal aspects and the personal impact these charges may have on your life. At The Umansky Law Firm, our attorneys have over 100 years of combined experience defending all types of theft cases and can guide you through this difficult time in your life.
If you have been charged with theft, shoplifting, fraud, forgery or any type of criminal offense, our Orlando theft lawyers can provide the aggressive defense you need. As former prosecutors on the state and local level, we have experience on both sides of the courtroom and can stay one step ahead of the prosecutor from beginning to end.
At The Umansky Law Firm, we handle all types of theft and fraud cases in the Central Florida area, with an emphasis on shoplifting charges.
Under Florida Statute § 812.014, theft of property, goods, or services is classified as a felony or misdemeanor in Florida and is based on the value of the stolen property. Our criminal defense attorneys represent central Florida clients charged with these theft-related offenses:
The consequences for a theft or shoplifting conviction may include:
Crimes of dishonesty can affect your employment in any job. Theft and fraud convictions could result in loss of professional or occupational licenses and loss of college scholarships. Believe it or not, if you are convicted of a theft offense, the judge can and usually will suspend your driver’s license.
We often find that clients accused of theft and white collar crimes are good people who have had lapses in judgment. Perhaps you are a housewife, college student or tourist. We always do our best to resolve these matters quickly and efficiently by using creative strategies. If you are a first-time theft offender, you may be eligible for a diversion or intervention program which can result in your charges getting dropped or dismissed.
It’s important to make the distinction between robbery, burglary, and theft, as each crime has a different definition and accompanying penalties.
Theft—a broad title that includes categories like larceny, petty theft, grand theft, and shoplifting—involves taking someone else’s property without the owner’s consent and with the intention of permanently depriving them of its use or possession. Theft is defined by taking personal and tangible property. Likewise, the crime of theft accompanies a wrongful act, one that’s specifically against the owner’s interests. Simply taking an object with the owner’s permission is not considered theft.
Robbery is similar but has a few distinct aspects. While theft simply involves stealing a tangible object, a robbery charge punishes the act of taking someone else’s property from the victim’s “immediate presence” through “force or fear.” You cannot commit a robbery unless you take something from someone else. Likewise, robbery is a violent crime that requires an element of force or fear.
Burglary refers to the entering of a building or property with the intent of committing theft or a crime that would be deemed a felony. It’s important to note that you can be convicted of burglary without actually committing a crime within the building, and the crime you intend to commit does not have to be theft or robbery.
When charged with a theft crime there are many different defense strategies that an attorney may use. For example, you may never have intended to steal the item in the first place and an experienced attorney will work to make sure the prosecutor cannot prove the offense was committed intentionally. A few common defenses include:
An expert Orlando defense attorney will help you understand and sort out the appropriate defenses to execute based on the circumstances of your case.
We represented a client after she was caught shoplifting from a retail store in Orlando. Our client had never been in trouble before, but the prosecutor was trying to charge her with scheme to defraud, which is a felony in Florida. Instead, our attorneys were able to convince the prosecutor to charge her only with a misdemeanor, and instead of jail or probation, we persuaded the prosecutor to put our client in a first offender program. Now all our client must do is complete the program and the state of Florida will drop the charges against her.
Once officers with the Orlando Police Department decide there’s enough evidence to make an arrest, the case typically proceeds through the state attorney’s office regardless of what the store or alleged victim later wants. A retailer withdrawing a complaint or declining to testify can weaken the case against you, but it doesn’t automatically end the prosecution.
It’s possible, since the offense is generally considered complete the moment property is taken with the intent to keep it, even if you had a change of heart afterward. That said, even if a prosecution does occur, returning an item or attempting to make things right can sometimes factor into how a prosecutor or judge approaches your case.
Loss prevention staff often gather surveillance footage, write incident reports, and sometimes detain individuals before police ever arrive. Because these employees aren’t law enforcement, questions about how they obtained a statement or whether they overstepped their authority can become relevant to your defense.
Many licensing boards, including those overseeing nursing, real estate, education, and financial services, require you to disclose pending charges or convictions and may open a separate disciplinary review. This process runs independently of your criminal case, so a resolution in court doesn’t necessarily end the licensing concern.
Prosecutors typically calculate value based on the item’s retail price at the time of the alleged theft, not any discount you believe should have applied. Disputes over an item’s actual worth can sometimes shift a charge from one degree to another, which affects both potential penalties and how the case gets classified.
A prior theft-related offense can influence both how the new charge is filed in Orlando and what penalties become available, particularly if little time has passed between incidents. However, the specifics of your record, including whether the earlier case ended in a conviction, a withhold, or a dismissal, all factor into how much weight it actually carries.
Footage can certainly support a case, but it doesn’t automatically establish every element the state needs to prove, such as your intent at the time, or your knowledge of what was happening. Video that’s unclear, incomplete, or open to more than one interpretation can leave meaningful room for a defense.
If you have been charged with felony or misdemeanor theft, shoplifting or burglary, our theft lawyers can represent your interests in a Florida court of law. Get in touch with our firm anytime, day or night, for a free consultation. Contact us online or call The Umansky Law Firm now to schedule your free case review. Attorneys William Umansky and Zahra Umansky with The Umansky Law Firm are former prosecutors and active members of the Central Florida Association of Criminal Defense Lawyers and Florida Association of Criminal Defense Lawyers. They can use their criminal defense expertise to help lessen or even dismiss criminal theft charges.
At The Umansky Law Firm, we do more than a free consultation! We ask you to call or come in for a case review. Our lawyers will meet with you, review your documents and explain what defenses you may have and answer whatever questions you ask. After, we will use our special strategy planning tool, where we begin to start planning a resolution to your case. You will also receive our free guide on how to navigate through the court system, which can be very confusing for most folks.
The Umansky Law Firm Criminal Defense & Injury Attorneys
The Umansky Law Firm Criminal Defense & Injury Attorneys
