Is It a Crime or Just a Bad Business Deal? (Civil vs. Criminal Theft)

By: John Guidry

Here’s a statistical fact: Every prosecutor thinks stealing is a crime.

But it’s not. The act of “theft” may be either Civil or Criminal. Both acts are immoral. Both acts are unethical. And our Florida Statutes provide remedies for both behaviors, but the problem is often deciding where to draw the line.

• Civil Theft: Provides a punishment of Triple Damages (you pay back 3x what you took).
• Criminal Theft: Provides a punishment of Prison Time.

Charged with theft over a business dispute?

Breach of contract is not a crime. Call John today at (407) 423-1117.

The Thresholds: When Does it Become a Felony?

Punishment increases depending on the item stolen and its worth.

• Petit Theft: Usually a misdemeanor (under the threshold).
• Grand Theft (3rd Degree): A felony. (Note: The dollar amount has changed, see the 2026 Update below).
• Grand Theft (2nd Degree): Property valued over $20,000.
• Grand Theft (1st Degree): Property valued over $100,000.

The “Special Items” Trap Some items are felonies regardless of value. Stealing a Firearm (even a cheap $95 one) or a Fire Extinguisher is automatically a Third Degree Felony.

The Case: Levitan v. State (The Bounced Payroll Check)

In Levitan v. State, 100 So. 3d 776 (Fla. 1st DCA 2012), we see a real-life example of a business dispute turning into a criminal conviction.

• The Business: Levitan owned an Irish restaurant, “Finnegan’s.” He used a payroll company called TEL.
• The Process: TEL paid the employees first ($67,754.69 total). Levitan was supposed to reimburse TEL.
• The Crime: Levitan wrote a check to TEL, but it bounced. He wrote a second check; it bounced too.
• The Reality: Levitan had less than $300 in his account when he wrote the $67k checks. Rude? Yes. Immoral? Absolutely.

The Result: Levitan was convicted of Grand Theft (2nd Degree) because the checks were over $20,000. However, the Appeals Court overturned the conviction.

Why It Wasn’t Theft

The government alleged that the crime of Grand Theft was committed via these worthless checks. But the court looked at the timeline:

1. TEL paid the employees. (The “taking” happened here).
2. Later, Levitan wrote the bad checks.

The “Pre-Existing Debt” Rule The court ruled that Levitan did not “obtain” the money by writing the checks. He had already received the benefit (paid employees) before he wrote the bad paper.

“Levitan never received currency or some additional benefit from the issuance of the two checks… Absent fraud, business disputes involving contract breaches are not crimes for which incarceration is permissible; instead, their resolution lay primarily in our civil courts.”

Because the debt already existed, writing a bad check didn’t create a new theft of property. It was just a failure to pay a debt. (The court noted he could have been charged with “Worthless Check,” but not “Grand Theft”).

John’s 2026 Update: The New Numbers and “Civil Theft” Letters

Note: The Levitan defense—”It’s a civil matter”—is still one of our best arguments in white-collar cases.

1. The New Theft Threshold ($750) In the original article, I mentioned the old $300 threshold.

• Current Law: As of 2026, the threshold for Grand Theft (Felony) is $750.
• If you steal something worth $700, it is now a Misdemeanor (Petit Theft), not a Felony.

2. The “Civil Theft” Letter Before you even get arrested, you might receive a demand letter from a lawyer threatening “Civil Theft” under Florida Statute 775.089.

• The Threat: “Pay us $5,000 within 30 days, or we will sue you for Triple Damages ($15,000).”
• My Advice: Do not ignore this letter, but do not panic. This is often a prelude to criminal charges. If you pay it, you might be admitting guilt that the police can use against you. Call a lawyer immediately before responding.

3. The Contractor Trap The biggest area where “Civil vs. Criminal” blurs today is with Contractors.

• If you take a deposit for a job and don’t finish the work, the State will try to charge you with Grand Theft.
• The Defense: We use Levitan to argue that this is a breach of contract, not a crime, unless they can prove you never intended to do the work from day one.

Don’t Let Them Criminalize Your Debt

If you are facing jail time for a bounced check, a failed business deal, or a contractor dispute, do not let the State bully you. It might just be a civil matter.

Call me at (407) 423-1117. Let’s look at the timeline.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.