Theft by Deception: Uncovering Fraudulent Schemes in Florida

What is Theft by Deception?

Many theft crimes involve an offender directly taking property from a victim. However, if fraudulent practices are utilized to misinform or trick the victim(s) into handing over their property, it can be considered theft by deception. Even though the owner willingly gave the perpetrator their money or items, they did so under false pretenses. If you have been accused of theft by deception, it is crucial to consult a knowledgeable Lakeland theft defense attorney who can uphold your rights and help you navigate the legal system.

How Can Theft by Deception Occur?

Any act of knowingly obtaining property or services through deceit or dishonesty, rather than overt theft or force, can constitute theft by deception in Florida. Commonly encountered examples include:

• Rental scams: Scammers can pose as building managers or landlords to collect funds from prospective renters for properties that do not exist or that they do not own.
• Contractor fraud: Contractors may claim to have completed work they did not actually perform or inflate the actual cost of materials used for a project to increase a homeowner’s bill.
• Dating scams: Persons may create fake dating profiles or send out spam emails to make contact with other individuals. Once contact is initiated, they may begin spinning stories of bad luck or financial hardship and asking for money or gift cards while falsely promising the victim a relationship or other benefits.
• Fake charitable organizations: Unscrupulous individuals frequently solicit funds through bogus charities or fundraisers to prey on unwary donors, particularly following natural disasters or publicly-known tragedies.

Other examples could include making false promises or misrepresentations about one’s payment ability to obtain property or services, issuing worthless checks, falsifying income records to evade taxes, or using phishing schemes to get other people’s private or financial information. If an individual or business intentionally profits or gains property due to false, manipulated, or misleading information or actions, they could face criminal charges.

How Are Schemes to Defraud Classified?

An isolated incident of theft by deception may be prosecuted in the same manner as other theft charges. However, if the fraud involves a systematic and ongoing pattern of deceitful conduct, not just a single act, it will likely be categorized as a scheme to defraud. While there are many ways to commit fraud, there are two main classifications of schemes to defraud in Florida:

• Organized Fraud: Anyone who engages in an intentional series of fraudulent acts against one or more persons that result in wrongfully obtaining property is considered a perpetrator of organized fraud.
• Communications Fraud: If the theft involves using electronic or written communications, such as emails, phone calls, text messages, or letters, in an attempt to obtain property from victims while concealing identities, it can be charged as communications fraud. The Florida Communications Fraud Act specifically criminalizes the use of communications technology to further schemes to defraud. Even an unsuccessful attempt to illegally take property through these means can lead to serious charges. Each instance of communication in a scheme to defraud may result in a separate charge.

What Are the Potential Penalties if You Are Convicted of Theft in Florida?

The punishment for theft accomplished through deception or fraud is generally consistent with other types of theft. In Florida, the severity of the sentence for a conviction depends primarily on the value of the property or services stolen rather than the specific method used to commit the theft. Some items, such as trade secrets or written financial instruments like promissory notes, may not have a readily ascertainable value. However, the court may assign a reasonable value based on the potential for damage or economic loss for the owner or the cost of obtaining a replacement for the property.

Petit Theft

Petit theft involves the intentional taking of property worth $750 or less. There are three main categories of petit theft:

• Second-degree petit theft: If the value of the property stolen is less than $100, it is a misdemeanor with a maximum penalty of six months in jail and a $500 fine.
• First-degree petit theft: If the property is valued at more than $100 but less than $750, or the offender has a previous petit theft conviction, it is a first-degree misdemeanor. This charge is punishable by up to a year in jail and a $1,000 fine.
• Felony petit theft: If the offender has two or more prior petit theft convictions, the charge could be enhanced to a third-degree felony, resulting in a maximum of five years in prison and a fine of up to $5,000.

Grand Theft

Grand theft covers thefts of higher-value property over $750 in Florida. Escalating felony charges and penalties are based on the specific value of the property or the nature of the theft. Certain types of stolen property, such as firearms, motor vehicles, emergency equipment, or law enforcement equipment, can elevate the charge regardless of value.

• Third-degree grand theft: Property valued between $750 and $20,000. Punishable by up to five years imprisonment and up to $5,000 in fines.
• Second-degree grand theft: Property valued between $20,000 and $100,000. May be punished by a maximum of 15 years imprisonment and $10,000 in fines.
• First-degree grand theft: Property valued at $100,000 or more. Punishable by up to 30 years imprisonment or a maximum of $10,000 in fines.

One key fact to keep in mind is that if the defendant has been charged with organized fraud and the aggregate value of the stolen property exceeds $50,000, it is automatically a first-degree felony, punishable by up to 30 years in prison and up to a $10,000 fine.

Communications Fraud

If technology was used in the commission of the fraud, the punishment depends on the value of the property or benefit obtained or attempted to be obtained through the scheme:

• First-degree misdemeanor: Property valued at less than $300. Maximum penalty of up to one year in jail and a fine of $1,000.
• Third-degree felony: Property valued at $300 or more. Punishable by up to five years in prison and a fine of up to $5,000.

How Can Our Law Firm Assist You?

Theft charges are serious and require a robust defense strategy to mitigate or avoid severe impacts on your reputation, employment and housing prospects, and freedom. If you have been accused of using deceptive or fraudulent practices to deprive someone of their property, it can be vital to consult with an experienced defense attorney promptly. Contact DeMichael Law today at 836-216-1831 to schedule a free consultation about your case.