Last updated January 2026
⚖️ Understanding Florida’s “Theft Family” of Crimes
The terms theft, larceny, and fraud are often used interchangeably, but Florida law treats them as related yet distinct offenses.
Mainstream media sometimes blurs the definitions — so let’s break them down the way the Florida Statutes and the courts actually use them.
💵 What Is Theft in Florida?
Under § 812.014, Fla. Stat., theft is the broad umbrella for crimes involving the unauthorized taking or use of another’s property with intent to deprive the owner of it, either temporarily or permanently.
Common forms of theft include:
Embezzlement
Robbery and burglary
Larceny / shoplifting
Looting or extortion
Fraud and false pretenses
Receiving stolen property
Identity theft
Penalties depend on value:
Petit Theft: property <$750 → Misdemeanor (§ 812.014(2)(e))
Grand Theft: ≥ \$750 → Felony (§ 812.014(2)(a-d))
🏷️ What Is Larceny?
Florida’s modern statutes fold larceny into theft, but the term still appears in case law. Traditionally, larceny meant a trespassory taking and carrying away of property belonging to another, with intent to permanently deprive them of it.
Key elements (carry-overs from common law):
1️⃣ Trespassory taking (without consent)
2️⃣ Carrying away (“asportation”) — even a slight movement counts
3️⃣ Intent to permanently deprive
Examples: shoplifting merchandise, pickpocketing, stealing a bicycle or wallet, or taking property by trick (such as a fake loan scheme).
🕵️♂️ What Is Fraud?
Fraud is a theft-type offense built on deception rather than physical taking.
It occurs when a person intentionally misrepresents a material fact to obtain money, property, or a benefit unlawfully.
To prove fraud, prosecutors must show:
1️⃣ A false representation of material fact
2️⃣ Knowledge that the statement was false
3️⃣ Intent to deceive or induce reliance
4️⃣ Reasonable reliance by the victim
5️⃣ Actual loss or damage resulting
Examples of fraud offenses:
Credit card or identity theft
Insurance fraud
Mortgage fraud
Healthcare fraud
Tax or securities fraud
Mail / wire / internet fraud
Penalties can include restitution, fines, probation, and imprisonment — plus collateral damage to professional licenses and reputation.
⚖️ The Key Differences Summarized
| Element | Theft | Larceny | Fraud |
|---|---|---|---|
| Nature of Act | Taking property | Physical taking (with movement) | Deception or misrepresentation |
| Consent | Usually without | Without | Induced through lies |
| Mens Rea (Intent) | To deprive owner | To deprive permanently | To deceive for gain |
| Examples | Shoplifting, robbery | Pickpocketing | Credit card scam, tax fraud |
Although Florida’s criminal code now uses “theft” as the umbrella, knowing the historic distinctions can help your lawyer argue intent and reduce charges.
🧠 Defense Insights & Legal Strategy
Defending theft and fraud cases requires attacking intent, ownership, and identification elements.
Michael White, P.A. often challenges:
Whether there was consent or a good-faith belief of ownership
Mistaken identity (e.g., surveillance footage issues)
Lack of intent to defraud or temporary use of property
Procedural errors in search and seizure under § 933.02
Early intervention may also enable pre-filing diversion or civil restitution agreements to avoid charges altogether.
🏛️ Contact an Experienced Florida Fraud Defense Attorney
If you’ve been accused of any form of theft, larceny, or fraud in Broward or Palm Beach, you need a lawyer who understands the fine distinctions that can change the outcome.
Michael White, P.A. has over 20 years of experience on both sides of the courtroom — as a former prosecutor and a seasoned defense attorney.
📞 Call (954) 270-0769 or contact us online for a free consultation.
❓ FAQs
Q1️⃣ Is larceny still a crime in Florida?
Not as a separate statute. Modern Florida law uses the term “theft,” but older cases and police reports still use “larceny.”
Q2️⃣ What is the penalty for petit theft vs. grand theft?
Under § 812.014, petit theft (<$750) is a misdemeanor; grand theft (≥$750) is a felony that can carry up to 5–30 years depending on value.
Q3️⃣ How is fraud punished differently from theft?
Fraud is often charged under § 817 and other white-collar provisions, with enhanced penalties for organized schemes to defraud or elder exploitation.
Q4️⃣ Can a fraud or theft charge be expunged in Florida?
In many cases yes — especially if charges were dismissed or you completed a diversion program. See our sealing and expungement guide.
Q5️⃣ What should I do if I’m under investigation for fraud?
Do not speak to investigators without counsel. Contact a defense attorney immediately to avoid self-incrimination and protect your rights.