Not all thefts involve physical property. In Florida, you can be charged with stealing services, too, such as by tampering with your gas, water, or electric meter, or dining in a restaurant and skipping out without paying the tab. You could also be charged for using fake credit card information to pay for services.
There are criteria a prosecutor must meet to make this charge stick, and the law recognizes levels from misdemeanors to felonies that come with escalating penalties. Our theft attorneys are available to represent you. If you are accused of stealing a service provided by a business or individual, consult with an Orlando theft of services lawyer who can navigate the legal system for you.
Section 812.012(3)(b) of the Florida Statutes defines theft of services as obtaining utilities, transportation, lodging, or professional labor such as from an air conditioning repair person unlawfully by fraud or deception to avoid paying for the service. Deceptive practices can include misrepresenting information or concealing your actions and you must do so knowingly. Even when the party providing the service does not lose money, if the prosecutor can prove you did what they claim you did to avoid paying, it may be enough for a conviction.
Thus, proving intent is crucial to these cases. If it slips your mind and you forget to pay for the service, that is not enough for a conviction. The prosecutor must produce evidence of the deception, generally witness testimony, surveillance footage of you leaving the restaurant without paying for your meal, or of you providing a fraudulent payment method such as a forged check. For an in-depth discussion about your circumstances, contact an Orlando theft of services attorney with a track record of successful representation.
If the stolen services are valued at less than $100, the offense is a second-degree misdemeanor and you could spend up to 60 days in jail, six months on probation, and owe a $500 fine. Theft of services between $100 and $750 is considered a first-degree misdemeanor with penalties of up to a year in jail, 12 months on probation, and a fine of $1,000. Both are charged as petit theft, and the judge has the discretion of limiting penalties to community service or probation for first-time offenders. Once the value exceeds $750, the charges escalate to grand theft and felonies.
Services valued at more than $750 up to $20,000 are the basis of third-degree felonies, with the chance of prison time for up to five years, five years on probation, and a $5,000 fine. Second-degree felonies are charged when the value of services is between $20,000 and $100,000 with punishment of up to 15 years in prison and probation, and a fine of $10,000. First-degree-felonies for theft of services exceeding $100,000 can land you in prison for up to 30 years, probation for 30 years, and a $10,000 fine.
Aggravating circumstances can make things worse. Under Florida’s habitual offender laws, two or more prior theft convictions will make the new one a felony, even if it is a petit theft. Increased penalties also attach if you tamper with utilities or defraud emergency response services. You can be ordered to pay for the utilities or emergency services you receive. To understand what theft of services means in your situation, contact an Orlando lawyer with The Umansky Law Firm.
If you lack the intent to defraud a service provider, the prosecutor’s case evaporates. Your unpaid utilities could be a clerical error, and you may think when you leave a restaurant that your companion paid the bill.
The service provider may have agreed to a billing delay, or you are disputing what was provided and trying to work it out so you receive what you understood you are going to pay for, or you may be a tenant whose landlord tampered with a utility meter servicing your unit, although the landlord is responsible for the bill.
A criminal conviction impacts more than your time and finances if you are ordered to jail and to pay fines. Family, neighbors, friends, employers, and landlords will judge you a second time by questioning your trustworthiness. With a good criminal defense attorney the consequences can be more favorable. For skilled advocacy from an Orlando theft of services lawyer, call The Umansky Law Firm now.
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