You borrowed your friend’s bike, thinking it was yours. You grabbed a laptop left on a table, assuming it was forgotten. Now you’re facing felony theft charges and wondering how it all escalated so fast.
In Florida, not every theft accusation leads to a conviction. That’s because prosecutors have to prove more than just possession; they must prove intent. At the Law Office of Robert David Malove, our Key West grand theft defense attorneys know how to handle these cases and expose the gaps in the government’s story. If you’ve been accused of grand theft in South Florida, you may have options, and we’re here to help you use them.
What Is “Intent” in a Grand Theft Case? Why Intent Matters Under Florida Law
Florida Statute §812.014 defines theft as knowingly obtaining or using, or trying to obtain or use, someone else’s property with the intent to permanently or temporarily deprive them of it, or to appropriate the property for someone other than the owner’s benefit.
Without that intent, it’s not a crime.
That means the state must show:
- You knew the property wasn’t yours
- You meant to take or use it anyway
- You planned to keep it or prevent the owner from getting it back
A misunderstanding, accident, or lapse in judgment can look suspicious, but it’s not enough to convict.
How Do Prosecutors Try to Prove Intent? Common Evidence Used to Build Their Case
Proving what someone was thinking isn’t easy, so prosecutors often rely on indirect evidence. Here’s how they try to make their case:
- Surveillance footage. Videos showing you hiding, fleeing, or concealing items may be used to infer criminal intent.
- Inconsistent statements. Changing your story or denying that you were at the scene may be presented as signs of guilt.
- Possession of tools. If you had bags, cutting devices, or security tag removers, prosecutors may argue you came prepared to steal.
- Attempts to sell or pawn the item. This is often used to argue that you knew the item wasn’t yours.
But these signs are open to interpretation, and a skilled defense attorney can offer alternate explanations, if appropriate.
How Defense Lawyers Challenge Intent in Theft Cases
At the Law Office of Robert David Malove, we scrutinize every piece of evidence in your case to raise doubt about your intent. Some of the most effective defense arguments include:
- Lack of knowledge. You didn’t know the item belonged to someone else, or you believed you had permission to use it.
- Mistake of fact. You thought it was your property, or you confused it with something similar.
- No intent to deprive. You intended to return the item, not to keep or dispose of it permanently.
- Coercion or duress. Someone pressured you into taking the item under threat or intimidation.
- Mental incapacity. If you have a cognitive or psychological condition, we may argue that you lacked the mental state required for intent.
Each case is unique, and the right strategy depends on the specific facts of your case.
Signs the Prosecutor’s Intent Argument May Be Weak
Watch for these red flags that could work in your favor:
- No witnesses saw the act. If no one saw you take the item, it may be hard to prove intent.
- You left the item behind. Leaving an item at the scene contradicts the idea of wanting to keep it.
- You turned it in. Attempting to return or report the item undermines the prosecution’s theory.
- Contradictory evidence. If your actions suggest confusion or distress, not criminal intent, that’s a key defense angle.
You can only be convicted if the prosecutor proves intent beyond a reasonable doubt.
What to Do if You’re Facing Felony Theft Charges in Florida
Being accused of grand theft is a serious matter, but there’s still time to take action. Here’s what to do if you're under investigation or have already been charged with grand theft:
- Stay silent. Don’t explain yourself to the police. Anything you say can be used against you.
- Document everything. Write down what happened and gather texts, receipts, or any proof of ownership or permission.
- Hire a defense lawyer early. The sooner you get legal counsel, the better your chances of weakening the case against you.
If you're charged with grand theft in Key West or anywhere in South Florida, intent is the heart of the case. Without it, the state has no foundation for a felony conviction.
At the Law Office of Robert David Malove, our team builds strategic, tailored defenses for clients facing theft allegations. We know how prosecutors think and how to push back when they overreach.
Your future is worth fighting for. Let us help you protect it.
