{"id":3654,"date":"2026-10-15T01:30:42","date_gmt":"2026-10-15T01:30:42","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/miami-theft-defense-attorney\/theft-charge-coral-gables-miami-beach-guide\/"},"modified":"2026-10-27T14:48:54","modified_gmt":"2026-10-27T14:48:54","slug":"theft-charge-coral-gables-miami-beach-guide","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/miami-theft-defense-attorney\/theft-charge-coral-gables-miami-beach-guide\/","title":{"rendered":"First-Time Offender Defense in Florida: What to Know"},"content":{"rendered":"\n
<\/span>\"A
\n

Criminal Defense | South Florida<\/p>

A First Charge Deserves a Focused Defense<\/h1>

Patrick David Wilson focuses on first-time offender cases across South Florida, from Broward County to the Florida Keys. Every case turns on its own facts and the law that applies to it.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Patrick David Wilson \u00b7 Published October 14, 2026<\/p>\n\n

\n

First-Time Offender Defense: What to Know<\/h2>\n

A Florida theft charge accuses a person of conduct defined in Fla. Stat. \u00a7 812.014, and the property’s value and the facts of the case decide how serious the charge is. This guide covers the basics for South Florida readers, including people searching for a theft charge in Coral Gables or Miami Beach. It is general information, not legal advice about your case.<\/p>\n

Patrick Wilson Law, PLLC is a Miami criminal defense firm. Patrick David Wilson is the responsible lawyer for the content on this page.<\/p>\n\n

\n

If a theft accusation has put your job, license, or record at risk, you don't have to face it alone. Patrick David Wilson offers a free, confidential first consultation to talk through your facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"A<\/figure>\n

What a Theft Charge Means Under Florida Law<\/h2>\n

A theft charge accuses a person of conduct defined in Fla. Stat. \u00a7 812.014<\/a>. The statute says a person commits theft if they knowingly obtain or use, or try to obtain or use, another person’s property. The intent must be to deprive the owner of it or its benefit, or to use it for themselves or for someone not entitled to it.<\/p>\n

The definitions matter.<\/p>\n

Being charged is not the same as being found guilty. Whether the state can prove the case depends on the facts and applicable law. A charge may first reach you as a notice, a bond form, or a call from police. Read each document closely, because each one can matter.<\/p>\n

How Value and Facts Affect the Charge Level<\/h2>\n

Property value is one of the main factors in setting the level of a Florida theft charge. The statute sets value tiers. One tier covers property valued at $20,000 or more but less than $100,000. Check the current text of \u00a7 812.014<\/a> for how each tier is graded, because the amounts that apply depend on the facts and applicable law.<\/p>\n

Value is not always the price tag. Under \u00a7 812.012<\/a>, value means market value at the time and place of the offense. If that cannot be satisfactorily determined, it means the cost to replace the property within a reasonable time. A price on a receipt may not match the value used in a case.<\/p>\n

Separate items can add up. The same section says amounts from separate properties taken in one scheme or course of conduct may be added together to set the grade of the offense.<\/p>\n

Felonies and misdemeanors are classified differently. Fla. Stat. \u00a7 775.081<\/a> sorts felonies into capital, life, and first, second, or third degree. It sorts misdemeanors into first or second degree. Whether felony-specific terms, such as felony degrees or prison-related penalties, apply depends on the facts of the case and applicable law.<\/p>\n

Check your charging document and any notice you received. The charge level can change as the case develops, depending on the evidence and the facts.<\/p>\n

Stolen Property and Related Allegations<\/h2>\n

Stolen property can be its own issue, and it can arise from the same facts as a theft accusation. Under \u00a7 812.012<\/a>, stolen property means property that has been the subject of any criminally wrongful taking. Possession or dealing in stolen property has its own statutes, which this page does not cover. Read the charge to see which statute it cites.<\/p>\n

Ownership can matter. “Property of another” depends on whether someone has an interest that another person cannot infringe without consent. Disputes over who owned an item, or who gave permission to use it, can change the analysis.<\/p>\n

Retail and commercial cases add their own facts. Video, store records, receipts, and witness statements may each help or hurt, depending on what they show.<\/p>\n

Some matters involve fraud, deception, or business records. The statute’s definition of obtaining property includes obtaining money or property by false pretenses, fraud, or deception. Matters like these may fall within the white collar crime defense practice, depending on the facts.<\/p>\n

First-Time Offenders and Theft Charges<\/h2>\n

Some first offenders may qualify for a pretrial intervention program. Eligibility depends on the facts, the charge, and the statute. Fla. Stat. \u00a7 948.08<\/a> covers a first offender, or a person with not more than one prior nonviolent misdemeanor conviction, who is charged with a misdemeanor or third-degree felony.<\/p>\n

Release also requires approval from the program administrator. It requires consent from the victim, the state attorney, and the judge who presided at the initial appearance. The defendant must also agree after talking with a lawyer and knowingly waive the right to a speedy trial for the diversion period.<\/p>\n

One rule catches families off guard. The defendant or the defendant’s immediate family may not personally contact the victim or the victim’s family to get consent. Anyone tempted to reach out to a complaining witness should speak with a lawyer first.<\/p>\n

Program terms vary. Check your own paperwork and any court order for conditions and deadlines. Another case’s order may read differently. First-time offender defense may apply to a theft matter, depending on the facts.<\/p>\n

Licensed Professionals and Non-Citizens<\/h2>\n

A theft charge can affect a professional license or immigration status. Whether it does depends on the facts and the rules that apply.<\/p>\n

A licensed professional may face questions from a licensing board, an employer, or a certifying agency after a charge. The board’s rules, the record, and the timing all matter. Ask early what your license or employer may require you to report. This is criminal defense for licensed professionals, and the outcome depends on the facts.<\/p>\n

Federal law lists classes of deportable aliens, and removal upon the order of the Attorney General may apply depending on the facts and applicable law, as set out in the text of this federal code section<\/a>. That section covers several categories, including domestic violence and protection-order violations. The section is long, and a general reading can mislead. Whether any ground applies to a theft-related charge depends on the specific offense, the person’s status, and current immigration law.<\/p>\n

If you are a non-citizen, raise immigration questions before you make any plea decision or sign any document. Timing can matter. The answer depends on the facts.<\/p>\n\n

\n

Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Sealing and Expunging a Theft Record<\/h2>\n

Sealing and expunging are separate court processes. Eligibility depends on the case, the record, and the statute.<\/p>\n

Expunction is governed by Fla. Stat. \u00a7 943.0585<\/a>. The statute sets several conditions. Some depend on whether a charging document was filed. Others depend on prior adjudications. The court may order expunction for one arrest or one incident. More than one arrest can be included only if the additional arrests directly relate to the original arrest, and the order must say so.<\/p>\n

A sealing petition must include a valid certificate of eligibility from the Florida Department of Law Enforcement and a sworn statement. The completed petition must be served on the prosecuting attorney and the arresting authority, under Fla. R. Crim. P. 3.692<\/a>.<\/p>\n

The court has discretion. A request may be denied at the court’s sole discretion. An agency cannot be ordered to seal or expunge a record until the petitioner has applied for and received the certificate of eligibility.<\/p>\n

Some convictions make a record ineligible. Whether any listed offense applies depends on your record. This is part of the seal and expunge criminal records practice.<\/p>\n

Steps to Consider Right Now<\/h2>\n

Start by keeping every document and marking every date. Keep copies of the arrest report, any notice to appear, bond paperwork, and court dates.<\/p>\n

A notice to appear is a written order an officer may issue in place of physical arrest. It requires you to appear at a stated date and time, under Fla. R. Crim. P. 3.125<\/a>. The form warns that failing to appear may result in a warrant and possible contempt. Whether either applies depends on the facts. Never ignore a date.<\/p>\n

Be careful what you say. Avoid discussing the facts with police, witnesses, employers, or on social media. Statements can be used depending on the circumstances.<\/p>\n

If a matter falls outside the criminal defense areas Patrick David Wilson handles, it may be referred to another lawyer or firm.<\/p>\n

Quick Answers<\/h3>\n

Is a theft charge always a felony?<\/strong> No. Whether it is a felony or misdemeanor depends on the property’s value and the facts under \u00a7 812.014<\/a>.<\/p>\n

Does an arrest mean I was found guilty?<\/strong> No. A charge is an accusation, and guilt is decided through the court process based on the facts.<\/p>\n

Can a theft record be sealed or expunged?<\/strong> It may be possible. Eligibility depends on the case, the record, and the statute.<\/p>\n

What if I missed a court date on a notice?<\/strong> Missing it may lead to a warrant, depending on the facts. Act quickly and check your paperwork for the next step.<\/p>\n\n

\"A<\/figure>\n

Talk Through Your Case with Patrick David Wilson<\/h2>\n

Talking through your case early can help you understand your options. Facing an accusation is stressful, especially when a job, license, or immigration status is involved. You may also be reading this for a family member, which is a hard position too.<\/p>\n

Patrick David Wilson offers a free, confidential first consultation with no obligation to continue. It is a chance to discuss the facts of your situation. No particular result can be promised. Call 786-761-1719 or leave a message through the contact page<\/a>.<\/p>\n

Patrick Wilson Law, PLLC is a Miami criminal defense firm that serves South Florida, including Miami-Dade and Broward counties.<\/p>\n\n<\/article>\n