The Importance of Intent in Theft Cases: Differentiating Between Accidental and Deliberate Actions

What Role Can a Defendant’s Intentions and Actions Play in a Florida Theft Case?

Theft charges in Florida are serious and can lead to severe legal consequences upon conviction. Theft can cover a broad range of criminal conduct, including physical takings, obtaining property by fraud, and unauthorized use or transfer of property. The property in question may include real property, personal property, property rights, and services. However, to obtain a conviction, the prosecution must demonstrate beyond a reasonable doubt that the defendant acted with specific intent when committing the crime. If you’ve been accused of theft, it’s vital to seek the counsel of a skilled Florida theft defense attorney who can uphold your rights.

Is it Possible to Unintentionally Commit Theft in Florida?

Miscommunications or accidents concerning property are not uncommon. It’s possible to absent-mindedly or unknowingly walk out of a store with an item you didn’t buy or borrow a piece of machinery from a neighbor who gave you permission and forget to bring it back. Unfortunately, in the worst-case scenarios, these types of honest mistakes can lead to criminal charges. However, these situations do not necessarily meet Florida’s legal standard for theft. 

As defined by Florida Statute § 812.014, a theft crime has two key elements:

• Knowingly obtaining or using the property of another person.
• Intending to either temporarily or permanently deprive the rightful owner of their property rights or benefits from the property by appropriating the property for their own use or the use of another unauthorized party.

In theft cases, the burden of proof lies with the prosecution. They cannot successfully obtain a conviction without conclusive evidence that you possessed the specific intent to deliberately take the property in question from its owner. Taking of property that was achieved accidentally, unwittingly, or otherwise without criminal intent is not a punishable crime. 

What is Specific Intent and How Does it Differ From General Intent?

Some Florida crimes, such as assaults or DUIs, are general intent offenses. Whether the defendant intended to cause harm through their acts is irrelevant for a general intent crime. The defendant can be found guilty as long as the prosecution can show that the illegal act happened.

Theft in Florida is a crime that involves specific intent. Specific intent crimes are typically associated with more severe penalties because they involve some element of premeditation, forethought, or awareness of the action’s illegality. For theft charges, it is insufficient to simply demonstrate that the defendant took the property. The prosecution must also show that the defendant intended or planned to achieve the outcome of unlawfully obtaining the property through their actions. The defendant’s state of mind is crucial. They must have known they were acting wrongfully at the time of the offense.

How May the Prosecution Attempt to Prove Specific Intent?

The prosecution must present evidence that demonstrates the defendant acted with the conscious objective or purpose of depriving the owner of their property rights, either temporarily or permanently. The methods prosecutors may employ to show intent will vary based on the details of the case, but common strategies include:

• Circumstantial evidence of intent: The prosecution can rely on circumstantial evidence to infer the defendant’s specific intent, including proof that the defendant took actions to conceal or dispose of the stolen property.
• Context for the theft: The prosecution can present evidence about the defendant’s actions before, during, and after the theft, as well as their relationship to the victim and the property taken to substantiate their claims that the theft was intentional.
• Statements or admissions from the defendant: Comments made by the defendant indicating their intent to steal the property can be used as direct evidence of specific intent.

How Can You Defend Yourself From Theft Charges?

If your theft charges are based on an accident or misunderstanding, mounting a robust defense is crucial to avoiding significant penalties, including jail or prison time and hefty fines. Your defense team can investigate your case and gather evidence to support your claims. Each theft case is unique, and your defense should be tailored to your situation, but standard defense tactics may include:

• Ownership or legal right: If the accused can prove they were the actual property owner or had a legal right to possess it, they may have a defense against theft.
• Lack of intent: If the defendant did not knowingly attempt to take the property from its owner wrongfully, they did not possess the necessary intent to commit the crime of theft.
• Claim of right: In some cases, individuals might genuinely believe they have a right to the property they are accused of stealing. For instance, they might claim they were retrieving property they believed was unlawfully taken from them.
• Mistake of fact: A mistake of fact defense occurs when the accused can show they had a reasonable belief that they had the right to take the property. If the owner of the property consented to the defendant taking it, there may not be grounds for theft charges.
• Insufficient evidence: If the prosecution fails to present convincing evidence to prove beyond a reasonable doubt that the defendant committed theft, the defendant may be acquitted.

Why Consult an Experienced Theft Defense Attorney?

Presenting a strong defense is crucial in Florida theft cases, as it can significantly impact the outcome of the case and potentially lead to a reduced or dismissed charge. If you had no intention to steal the property you are accused of taking, a knowledgeable defense lawyer from DeMichael Law can determine the most appropriate strategies to fight your theft charges. Contact our Lakeland law office at 863-216-1831
to schedule a free case evaluation today.