If you’re accused of taking something that doesn’t belong to you in Florida, you may face civil, criminal, or even both types of legal action. But the differences between these two cases are significant—especially when it comes to penalties, burden of proof, and long-term consequences.
Here’s what you need to know about civil theft vs. criminal theft in Florida.
⚖️ What Is Criminal Theft in Florida?
Criminal theft is a state-prosecuted offense under Florida Statute § 812.014, where someone is accused of:
Knowingly obtaining or using someone else’s property
With intent to deprive the person of their property or benefit
And doing so without permission or lawful justification
Criminal theft can include:
Shoplifting
Embezzlement
Stolen property
Employee theft
Identity theft or fraud
💡 Criminal cases must be proven beyond a reasonable doubt—and can lead to jail time, fines, and a permanent criminal record.
📄 What Is Civil Theft in Florida?
Civil theft is a lawsuit brought by a private party (not the government), based on the same conduct as criminal theft—but using the Florida Civil Theft Statute (§ 772.11).
To win a civil theft case, the plaintiff must prove:
The defendant knowingly stole or misappropriated property
The conduct violated criminal theft statutes
The standard of proof is “clear and convincing evidence” (lower than criminal cases)
If successful, the plaintiff may recover:
Treble damages (3x the actual loss)
Attorney’s fees and costs
Court-ordered return of the stolen property
🆚 Key Differences: Civil Theft vs. Criminal Theft in Florida
| Factor | Criminal Theft | Civil Theft |
|---|---|---|
| Who brings the case? | State prosecutor | Private individual or business |
| Burden of proof | Beyond a reasonable doubt | Clear and convincing evidence |
| Penalties | Jail, probation, fines, criminal record | 3x damages, attorney’s fees, possible injunction |
| Procedure | Criminal court | Civil lawsuit |
| Standard result | Conviction or acquittal | Monetary judgment |
🔁 Can You Be Sued and Charged for the Same Alleged Theft?
Yes. You can face both a criminal case and a civil theft lawsuit for the same incident. Florida law allows the victim to pursue civil damages—even if the prosecutor doesn’t file charges or if you’re found not guilty.
⚠️ Civil and criminal theft are separate legal systems—and a civil judgment doesn’t require a criminal conviction.
🛡️ Fort Lauderdale Theft Defense Lawyer
At Michael White, P.A., we defend clients facing all types of theft accusations—whether brought in criminal court, civil court, or both.
We challenge improper theft charges, respond to civil demand letters, and fight back against claims that don’t meet legal standards.
🔍 More Answers About Civil vs. Criminal Theft in Florida
❓ Can I be sued if the State drops the theft charges?
❓ Are the penalties in civil theft really worse?
Yes. The alleged victim may file a civil theft lawsuit even if the criminal case is dismissed or never filed.
They can be. Treble damages and attorney’s fees often exceed what the person actually lost—and can financially devastate defendants.
❓ Can I go to jail for civil theft?
No. Civil theft is a financial lawsuit—not a criminal prosecution. But you could still face jail from the related criminal charge.
❓ What should I do if I receive a civil theft demand letter?
Contact a lawyer immediately. Do not pay or respond until your attorney reviews the claim.
❓ Can someone file both civil and criminal theft claims at the same time?
Yes. Civil and criminal actions can run in parallel—or one may follow the other.