Is Borrowing a Defense to Theft Charges in Florida?
Since the beginning of time, people have borrowed things from one another. In fact, some of the earliest legal disputes involved farmers who leased livestock to each other. The practice of borrowing continues today and it is not uncommon for one person to loan items to someone else for a certain period of time. Still, what happens if someone borrows something meaning to return it and they forget? Can they be charged with theft? Like most legal questions, the answer is that it depends. Our Fort Lauderdale theft offense lawyer explains more below.
Forgetting to Return Borrowed Items
The main difference between borrowing and theft is the intention to keep the items. As with many other crimes, the prosecution must prove that you had intent to steal. In theft cases, this means the state must prove that you never intended to return the borrowed items. If they cannot prove this, you cannot be convicted. For example, you may borrow a jacket from your friend on a cool evening. Even if you intended to return the jacket but forgot, you cannot be convicted of theft.
Still, the theft laws in Florida stipulate that you can face criminal consequences even if you only temporarily deprived the owner of an item. Generally speaking, though, you will not face any penalties if you only borrowed something and kept it for a certain period of time without giving it back to the rightful owner.
When is Borrowing Not a Defense to Theft Charges?
The defense of borrowing cannot be used in all theft cases. You cannot expect to avoid all penalties if you state that you were simply borrowing an item. For example, if you steal an item from a store and a security guard approaches you, they, nor law enforcement, will likely believe that you were simply borrowing the item.
Even if you legally obtained permission from the original owner, theft charges may still apply in certain circumstances. For example, if the owner repeatedly asks you to return the item and you continue to refuse, they may report you to law enforcement for theft.
You may also claim that you forgot about the borrowed item and did not intend to steal it. In these instances, other evidence may indicate that you meant to steal the item. For example, if you had told someone else that you were not going to return the item, this statement can be held against you and theft charges may apply. Lastly, hiding an item and claiming that you lost it can also prove an intent to steal it.
Our Theft Offense Lawyer in Fort Lauderdale Can Provide the Defense You Need
Borrowing an item can turn to theft in certain instances. At Haber Blank, our Fort Lauderdale theft offense lawyer can advise on the facts of your case, create the strongest defense possible, and help you beat the charges so your future is protected. Call us now at 954-767-0300 or fill out our online form to arrange a consultation with our experienced attorney and to learn more about the defense right for your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html
