GAINESVILLE • ALACHUA COUNTY • NORTH FLORIDA

Gainesville Theft and Fraud Lawyer

Defense for theft, fraud, financial investigations, and property-crime allegations.

Board Certified
Criminal Trial Lawyer

20+ Years
Criminal-Defense Experience

Theft & Fraud Defense
Records • Digital Evidence • Trials

Florida Theft & Fraud Resource Center

Theft, Fraud & Financial-Crime Guides

Explore Florida theft laws, fraud offenses, investigations, digital evidence, constitutional issues, and restitution.

What Is Theft Under Florida Law?

Florida’s general theft statute is § 812.014, Florida Statutes. Theft requires proof that a person knowingly obtained, used, or endeavored to obtain or use another person’s property with the required intent to deprive the owner of a right or benefit in the property or to appropriate it to an unauthorized use.

That intent requirement matters. A disputed transaction, ownership disagreement, mistake, misunderstanding, accounting problem, or good-faith belief in a right to possess property is not automatically the same thing as criminal theft.

The defense should examine ownership, authorization, value, intent, identification, financial records, surveillance, digital evidence, witness accounts, and statements attributed to the accused.

Florida Theft Levels and Value Thresholds

For ordinary property theft, value is a major factor in grading the offense, although special property and circumstances can change the result.

< $100

Under $100

Generally petit theft of the second degree when no special rule applies.

$100+

$100–$749.99

Generally petit theft of the first degree.

$750+

$750–$19,999.99

Generally grand theft of the third degree.

$20K+

$20,000–$99,999.99

Generally grand theft of the second degree.

$100,000 or more: generally grand theft of the first degree. Motor vehicles, firearms, and certain other property can carry felony treatment apart from ordinary thresholds.

Retail Theft and Shoplifting

Florida’s retail-theft statute, § 812.015, addresses retail theft, merchant detention, anti-shoplifting measures, and specified coordinated or repeated retail-theft conduct.

A retail case should be evaluated under both the general theft statute and the specific retail-theft statute.

Fraud and Financial-Crime Cases

Fraud charges typically focus on alleged deception, false representations, unauthorized use of information, or a claimed scheme to obtain money or property. Different statutes contain different elements.

These cases often depend on bank records, account histories, emails, texts, contracts, invoices, access logs, phone data, surveillance, and forensic examinations.

Common Allegations

Common Florida Theft and Fraud Allegations

The precise elements depend on the statute charged. These are common categories in property and financial investigations.

Organized FraudA scheme to defraud through which property is obtained. Separate values in one alleged scheme can be aggregated.
Communications FraudCommunications made in furtherance of a scheme to defraud with intent to obtain property.
Identity TheftSpecified fraudulent use of another person’s personal identification information without authorization or consent.
Credit-Card FraudSpecified unauthorized credit-card use or representations made with intent to defraud.
Forgery & UtteringAllegations involving forged signatures, checks, instruments, or knowingly presenting a forged document.
Employee or Business TheftCompany funds, inventory, expense accounts, transfers, payroll, bookkeeping, or entrusted property.
Computer & Digital EvidencePhones, cloud accounts, emails, account logins, IP records, payment systems, and forensic evidence.
Multiple TransactionsWhether separate transactions can lawfully be treated as one scheme can affect the degree of the charge.

Organized Fraud Under § 817.034

Florida’s Communications Fraud Act defines a “scheme to defraud” and creates organized fraud. Under the 2026 statute, organized fraud is a third-degree felony when the aggregate value obtained is less than $20,000, a second-degree felony at $20,000 or more but less than $50,000, and a first-degree felony at $50,000 or more.

Because amounts obtained in one alleged scheme may be aggregated, the defense should examine whether the transactions actually belong to one scheme, what property was obtained, and how value was calculated.

Defense Issues

Defenses and Legal Issues in Theft and Fraud Cases

The available defense depends on the actual charge and evidence. These cases often turn on intent, authorization, value, identification, digital evidence, and investigative methods.

Lack of Criminal IntentA mistake, misunderstanding, accounting dispute, or incomplete transaction is not automatically criminal intent.
Good-Faith Claim of RightA genuine belief in a right to possess or use property can be important to theft intent.
Consent or AuthorizationThe defense may dispute whether use, access, possession, transfer, or disposal was authorized.
Disputed ValueReceipts, condition, depreciation, market value, and expert evidence can affect the degree of the charge.
Identity & AttributionVideo, device data, signatures, IP records, credentials, and access logs can be incomplete or disputed.
Insufficient Proof of a SchemeSeparate suspicious transactions do not automatically establish the statutory scheme required for organized fraud.
Search-Warrant IssuesPhones, computers, cloud records, homes, vehicles, and business records can raise Fourth Amendment issues.
Statements to InvestigatorsExplanations about money, ownership, transactions, or access can become prosecution evidence.

Theft and Fraud Investigations Before Arrest

Financial cases often begin before arrest. A detective may request an interview, an employer may report suspected losses, a merchant may provide records, or investigators may seek warrants for phones, computers, homes, or cloud accounts.

Early representation can help identify whether a person is a witness, suspect, or target; preserve favorable documents; and organize financial evidence.

Digital Evidence and Financial Records

Modern theft and fraud investigations can rely on phone extractions, text messages, emails, account logins, cloud data, surveillance, transaction histories, location information, metadata, and third-party records.

The defense should examine authenticity, completeness, context, chain of custody, and whether the data was lawfully obtained.

Restitution in Florida Theft and Fraud Cases

Florida’s restitution statute, § 775.089, generally requires restitution for loss caused directly or indirectly by the offense or related criminal episode unless the court finds clear and compelling reasons otherwise.

Restitution must generally be determined on a fair-market-value basis unless another basis better furthers restitution’s purposes. The State Attorney bears the burden of demonstrating the amount of the loss.

Restitution disputes can involve causation, recovered property, depreciation, repair records, duplicated claims, insurance issues, and whether a claimed loss is sufficiently connected to the offense.

Judge Stephan P. Mickle, Sr. Criminal Courthouse in Gainesville, Florida

Gainesville • Alachua County

Theft and Fraud Cases in Gainesville

Felony, misdemeanor, and criminal-traffic court events in Alachua County are handled at the Judge Stephan P. Mickle, Sr. Criminal Courthouse at 220 South Main Street in Gainesville.

Theft and fraud investigations may begin with local law enforcement, retail loss-prevention personnel, financial institutions, employers, state agencies, or digital and financial records obtained before an arrest is made.

Photo: Alachua County criminal courthouse in Gainesville, Florida. Ebyabe / Wikimedia Commons.

Theft and Fraud Defense in Gainesville, Alachua County & North Florida

Landsman Law is based in Gainesville and represents people accused of theft, fraud, and financial offenses throughout Alachua County and North Florida. Investigations may involve the Gainesville Police Department, Alachua County Sheriff’s Office, University of Florida Police Department, retail loss-prevention personnel, financial institutions, state agencies, or other investigators.

The firm also represents clients in Bradford, Gilchrist, Levy, Union, Columbia, Marion, and Putnam Counties.

Why Choose Landsman Law?

Matt Landsman is a Board Certified Criminal Trial Lawyer with more than 20 years of criminal-law experience. Theft and fraud cases can require detailed review of records, digital evidence, warrants, statements, valuations, and transaction history.

Landsman Law represents clients from the investigative stage through motions, negotiations, evidentiary hearings, trial, sentencing, and appeal.

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Victoria Drago
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I would highly recommend Attorney Landsman. He was extremely professional, knowledgable and made time for every question, concern and stressful moment right through to the end.
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Matt did a wonderful job for me. He went above and beyond he was great on the phone gathering information gathering all the details of the case called back several times as many questions came prepared introduced himself and what I saw in court was amazing. He looked like Perry Mason. He did a great job for me. I appreciate Matt and his law firm. Thank you, Matt Carla and I appreciate you very much.
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Riley Abney
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I couldn’t have asked for a better attorney. From start to finish, Matt was professional, knowledgeable, and always kept me informed about what was going on with my case. He took the time to answer my questions, explained everything clearly, and made a stressful situation much easier to deal with. Thanks to his hard work and experience, my case was resolved with a great outcome. I truly appreciate everything he did for me and would highly recommend him to anyone looking for an attorney who genuinely cares about his clients and knows how to get results.
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Josh Crosby
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Thank you Matt for all your help you were very helpful and honest I 110% would recommend the best of the best
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Matt Landsman did an excellent job defending my criminal case getting a dismissal in Alachua County. He jumped right in with the facts after examination of the law and statutes with the state of Florida and I highly recommend him for any criminal case!
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Bradley Hall
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Thank you Mr. Landsman. Definitely one of the best. If your looking for results, give Matt a call. Great service, stays in contact throughout the whole process, and the results are life saving. I cant thank you enough Mr. Landsman.
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We will forever be grateful for Matt and his excellent guidance during a tenuous time for our family. He is competent, compassionate, and most importantly, ethical. Thank you Matt.
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Lauren Curry
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Matt represented me and I was never disappointed. His tenacity and experience are impeccable. He maintains a positive vibe which always helped me keep the faith. He does know the law and is respected in the courtroom. In the end he won my case and every single dime spent was well worth it. He literally helped me believe in myself again.
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I had a criminal and civil matter. Mr Landsman handled the criminal matter. Even though he did not usually handle the particular civil area, he made an exception in order to help me. However, I decided I would go with a former judge thinking he was more qualified. Huge mistake. I regret not staying with Mr. Landsman. He was confident, competent and very gracious when I reconnected with him and told him I had made a huge mistake by hiring another attorney. I regret not having stayed with Mr. Landsman after dealing with two other attorneys.

Frequently Asked Questions About Florida Theft and Fraud Charges

What is the difference between petit theft and grand theft in Florida?

For ordinary property theft, property below $750 generally falls within petit-theft classifications, while $750 or more generally reaches grand-theft territory. Special property and circumstances can change the classification.

Is grand theft always based on value?

No. Section 812.014 separately identifies certain property and circumstances that can create grand theft independent of ordinary value thresholds, including motor vehicles and firearms.

Can a property or business dispute become a criminal theft case?

It can, but a civil disagreement is not automatically theft. The State must prove the criminal intent required by § 812.014.

How is the value of allegedly stolen property determined?

Receipts, fair-market value, condition, depreciation, replacement or repair information, and expert testimony can matter depending on the issue.

What is organized fraud in Florida?

Section 817.034 addresses a scheme to defraud through which property is obtained. The degree depends in part on the aggregate value obtained.

Can police search my phone in a fraud investigation?

A phone search can raise Fourth Amendment and warrant-scope issues. The defense should review the seizure, warrant affidavit, warrant, forensic extraction, and data actually searched.

Should I speak with a detective if I believe the accusation is a misunderstanding?

It is generally prudent to understand whether you are a witness, suspect, or target before an interview and how your explanation may be used.

Can restitution be challenged?

Yes. The amount and type of restitution can be disputed. Section 775.089 places the burden on the State Attorney to demonstrate the amount of the victim’s loss.

Speak With a Gainesville Theft and Fraud Lawyer

If you have been accused of theft, grand theft, shoplifting, organized fraud, identity theft, credit-card fraud, or another financial offense—or investigators want to question you—Landsman Law can review the evidence and available defense options.

Call (352) 664-9671 for a consultation.

Prior results do not guarantee a similar outcome.