Certain types of crimes are obviously minor, as they only minimally impact others or risk impacting others minimally. Other offenses are far more serious and could warrant felony prosecution. There are also many criminal offenses that are wobbler crimes.
A wobbler is a crime that the state can prosecute as either a misdemeanor or a felony. Individuals accused of certain types of crimes could face felony charges in some circumstances and misdemeanor charges at other times. Theft offenses in Florida are technically wobbler crimes that prosecutors can pursue as misdemeanors or felonies.
When is theft a felony?
Many minor forms of theft lead to misdemeanor charges under Florida law. However, there are numerous scenarios in which prosecutors could justify felony charges instead.
Scenarios in which theft creates risk for others, including burglaries and armed robberies, could lead to felony charges. So could theft offenses involving certain types of property, such as firearms, vehicles, controlled substances and even citrus fruit. Stealing from a construction site could also lead to felony charges, regardless of the value of the assets taken.
Felony theft charges are often the result of the overall value of property. Typically, assets need to be worth at least $750 for the state to pursue felony charges. However, in cases involving allegations of organized retail theft, assets worth as little as $40 could trigger felony charges. As the value of the assets increases, so do the potential charges and the penalties imposed.
Regardless of whether a defendant faces misdemeanor or felony theft charges, they likely need to respond proactively to avoid the worst penalties possible. Understanding pending theft charges can help defendants craft an appropriate response.
