How Employee Theft Can Be Charged Under Florida Law

If you have been accused of theft as an employee, there is a chance that you may be facing felony charges under Florida law. The experienced Florida criminal defense attorneys at Alers Law Firm can help you deal with these charges.

There are various ways that employee theft can be charged under Florida law. In some cases, the severity of the charges depends on the amount alleged to have been taken. In other cases, the method by which you are accused of stealing the money or property can determine how the prosecutor will charge the alleged crime. Regardless of the situation, you face serious penalties if convicted.

Do not take any chances if you have been accused of employee theft. Schedule an immediate consultation with a Florida theft crimes defense lawyer by calling us at (407) 930-4888 at Alers Law Firm, where we will learn more about your circumstances and help plot your legal path forward. Here are the possible charges that you may face for employee theft.

Larceny

The definition of larceny under Florida Statute 812.014 is when one knowingly obtains or uses, or attempts to obtain or use, another person’s property with the intent to:

• Deprive the other person of a right to the property, or
• Appropriate the property for their own use or for the use of another person

Larceny can apply to the taking of both money and property. For instance, when you are accused of taking money from a cash register, it may be charged as larceny. The same thing holds true if you are alleged to have taken inventory.

Embezzlement is also charged under general larceny laws. There is no separate definition under Florida Statutes. If the employee had lawful access to property and they took or misused it, they can also be charged with larceny.

The charges for larceny depend on the amount at issue:

• Property valued at under $750 is charged as petit theft, which is a misdemeanor
• Property valued between $750–$19,999 is a third-degree felony, punishable by up to five years in prison, five years of probation, and a fine of up to $5,000
• Property valued between $20,000–$99,999 is a second-degree felony, punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine
• Property valued at $100,000 or over is a first-degree felony, punishable by up to 30 years in prison, 30 years of probation and a fine of up to $10,000

Organized Theft

Organized theft focuses on the use of communications to commit a crime. In some respects, it is similar to the federal wire fraud statute because it criminalizes the use of communications in connection with a fraudulent scheme. Under Florida Statute 817.034, organized theft occurs when there is:

• A systematic and ongoing course of conduct
• With the intent to obtain money or property
• Through the use of deceptive conduct or false pretenses

From an employee standpoint, organized theft can occur when workers band together in a deceptive scheme and use communications to carry it out or attempt to execute it. One does not even have to succeed in committing the actual theft to be charged with this crime, so long as wire communications (including phone and internet) were used in the process.

However, a group of employees need not be involved for conduct to be considered organized theft. If one employee is acting over time in an organized scheme, the conduct could satisfy the elements of the crime. Given the level of planning involved, organized theft is almost always treated as a felony, although the severity depends on the amount of money or property at issue.

Scheme to Defraud

The same statute that makes organized theft illegal also criminalizes the use of wire communications to attempt or execute a scheme to defraud. These two crimes are closely related. A scheme to defraud focuses on the fraudulent nature of the conduct. For example, if one or more employees engaged in a criminal enterprise to create false vendors or receipts, it may be charged as a scheme to defraud. Like organized theft, a scheme to defraud is also charged as a felony, so long as the property at issue is valued at more than $300.

Other potential ways that employee theft can be charged include:

• Forgery
• Credit card fraud
• Fraudulent use of personal identification

Contact a Florida Criminal Defense Law Firm

Damage to your career is far from the only consequence of an employee theft conviction. You may be facing substantial jail time. If you have been charged with any one of these crimes, schedule an initial consultation with a theft crimes defense attorney in Florida at Alers Law Firm. You can get help from a criminal defense lawyer by messaging us online or by calling us today at (407) 930-4888.