Employee Theft Attorney in Miami, FL

Whether you or a loved one has been arrested or is under investigation for employee theft charges, it is critical to consult with an experienced Miami employee theft attorney as soon as possible to ensure your rights are protected. A conviction for employee theft can result in a criminal record, fines, and jail time. It can also have a lasting negative impact on your future employment and housing options. When so much is at stake, it’s essential to have a skilled theft attorney by your side to advocate for your interests. It’s important to work with an attorney with the expertise to guide you through the legal process and increase your chances of a favorable resolution.

What is Employee Theft?

In Florida, “employee theft” is not a separate criminal offense. Instead, theft committed by an employee is prosecuted under Florida’s general theft statute, § 812.014, and classified as petit theft or grand theft based primarily on the value of the property. While most employee theft cases are treated this way, certain industries may have additional statutory enhancements that can increase penalties regardless of value.

For example, if an employee is accused of stealing $750 or more but less than $20,000 from an employer, they could be charged with third-degree felony grand theft. If the alleged amount is less than $750, the offense would typically be treated as misdemeanor petit theft.

Employee theft cases may also be prosecuted at the federal level, depending on the circumstances. Understanding whether a case qualifies as state or federal is crucial, as federal prosecutions involve more severe penalties and greater investigative resources.

State vs. Federal Employee Theft Charges

When Employee Theft is Charged as a State Crime

Most employee theft cases in Florida are prosecuted at the state level under Florida’s theft statutes. State charges are typical when:

  • The theft involves a private employer operating solely within Florida
  • The stolen property or funds do not cross state lines
  • No federal programs, agencies, or interstate commerce are affected
  • The theft does not involve federal banking, mail, or wire fraud statutes

When Employee Theft Becomes a Federal Crime

Employee theft can be prosecuted as a federal offense when certain aggravating factors are present. Federal prosecution may occur when:

  • The employer is a federally insured financial institution — Theft from banks or credit unions insured by federal agencies can fall under 18 U.S.C. § § 656 or 657.
  • Federal programs or agencies are victimized — Theft of federal funds or government property may be charged under 18 U.S.C. § 641.
  • Interstate commerce is involved — When stolen property or funds cross state lines, the case may fall under the National Stolen Property Act (18 U.S.C. § 2314).
  • Mail or wire fraud is utilized — Schemes using the U.S. mail or electronic communications may trigger charges under 18 U.S.C. §§ 1341 or 1343.
  • The theft is part of a larger criminal enterprise — Organized embezzlement rings or theft linked to money laundering or RICO frequently attract federal prosecution.
  • The monetary loss is substantial — Large-scale losses (often $100,000 or more) increase the likelihood of federal involvement.

Penalties for State Employee Theft Convictions

In state court, the value of the property determines the seriousness of the charge:

  • Petit Theft of the Second Degree — Less than $100 (2nd-degree misdemeanor). Penalty: up to 60 days in jail, 6 months probation, $500 fine.
  • Petit Theft of the First Degree — $100–<$750 (1st-degree misdemeanor). Penalty: up to 1 year in jail, 1 year probation, $1,000 fine.
  • Grand Theft of the Third Degree — $750–<$20,000 (3rd-degree felony). Penalty: up to 5 years in prison or probation, $5,000 fine.
  • Grand Theft of the Second Degree — $20,000–<$100,000 (2nd-degree felony). Penalty: up to 15 years in prison or probation, $10,000 fine.
  • Grand Theft of the First Degree — $100,000 or more (1st-degree felony). Penalty: up to 30 years in prison or probation, $10,000 fine.

Penalties for Federal Employee Theft Convictions

Federal penalties are typically far more severe and are influenced by the U.S. Sentencing Guidelines, including loss amount, role in the offense, and criminal history. Common federal penalties include:

  • Theft from Financial Institutions (18 U.S.C. § 656) — Up to 30 years in federal prison and fines up to $1,000,000.
  • Theft of Government Property (18 U.S.C. § 641) — If the value exceeds $1,000, up to 10 years in prison; if $1,000 or less, up to 1 year.
  • Mail Fraud (18 U.S.C. § 1341) — Up to 20 years in prison; if involving a financial institution, up to 30 years and $1,000,000 fine.
  • Wire Fraud (18 U.S.C. § 1343) — Up to 20 years, or up to 30 years and $1,000,000 fine when a financial institution is affected.
  • Transportation of Stolen Property (18 U.S.C. § 2314) — Up to 10 years in prison for transporting stolen property worth $5,000 or more across state lines.

Federal convictions also commonly involve restitution, supervised release, and long-term consequences for employment and professional licensing.

Because theft is considered a “crime of dishonesty,” both state and federal prosecutors treat these cases very seriously. A conviction can affect future employment, housing, and immigration status. Federal convictions carry even more lasting consequences, including placement in federal prison facilities far from home.

Defenses to Employee Theft

Depending on the facts of your case, several defenses may be available:

  • No intent to steal — Theft requires proof that the defendant intended to temporarily or permanently deprive the owner of property. Without that intent, the charge fails.
  • Insufficient evidence — The prosecution must prove guilt beyond a reasonable doubt.
  • Consent — If the employer permitted the use or removal of the property, no theft occurred.
  • Incorrect valuation — Challenging the alleged value can reduce or eliminate felony exposure.
  • Mistake of fact — For example, believing the property belonged to you.
  • Lawful purpose — If the property was used for a legitimate business purpose, theft may not be established.
  • Necessity or duress — Applicable where actions were taken under threat or emergency.
  • Lack of federal jurisdiction — In federal prosecutions, the government must prove interstate commerce or another federal nexus.

Experienced Miami Employee Theft Lawyer

By taking immediate action and hiring an experienced Miami employee theft lawyer, you minimize the risk that your criminal case will have lasting consequences for your career, personal life, and reputation. Whether you are facing state or federal charges, having a Miami lawyer experienced in both jurisdictions can make a critical difference in the outcome of your case.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A LAWYER