Embezzlement vs. Larceny: Understanding the Legal Distinctions in Florida

Embezzlement vs. Larceny Under Florida Law

In Florida, understanding the precise legal definitions of theft-related offenses is crucial, especially when facing charges that could be categorized as either embezzlement or larceny. While both involve the unlawful taking of another’s property, the key distinction lies in how the perpetrator initially obtains possession of the property. This difference significantly impacts the elements the prosecution must prove and, consequently, the defense strategies employed by a criminal defense lawyer handling theft crimes.

Larceny (Theft) in Florida

Larceny, commonly known as theft, occurs when a person unlawfully takes and carries away the property of another with the intent to permanently deprive the owner of that property. The critical element here is that the initial taking of the property is unlawful. The perpetrator does not have lawful possession of the property at the time of the taking.

Examples of larceny include:

• Shoplifting an item from a store.
• Stealing a car.
• Picking a wallet from someone’s pocket.

In Florida, larceny charges are categorized based on the value of the stolen property:

• Petit Theft: Property value less than $750 (misdemeanor).
• Grand Theft: Property value $750 or more (felony), with varying degrees based on value and type of property.

Embezzlement in Florida

Embezzlement, on the other hand, involves the fraudulent appropriation of property by a person to whom it has been lawfully entrusted. The crucial distinction is that the perpetrator initially gains lawful possession of the property through a position of trust or confidence (a fiduciary relationship). The unlawful act occurs when they later convert that property for their own use or benefit, intending to permanently deprive the owner. These cases are often treated as white collar crimes because they involve financial misconduct and breach of trust.

Examples of embezzlement include:

• A bookkeeper diverting company funds to a personal account.
• A trustee misusing funds from a trust.
• An attorney misappropriating client funds.

While Florida statutes do not explicitly define embezzlement as a standalone crime, it is typically prosecuted under Florida Statute 812.014, which covers theft, grand theft, and petit theft. The specific charge and penalties depend on the value of the property embezzled, similar to larceny.

Key Distinctions and Legal Implications

The primary difference between larceny and embezzlement lies in the initial possession of the property. Because these cases can carry serious criminal penalties, anyone facing such allegations should contact a criminal defense lawyer immediately to protect their rights and build a strong defense strategy.