> Florida’s theft laws make it clear that theft of any type is illegal, but recently one Florida court has put a different spin on the situation. In the case of

> Florida’s theft laws make it clear that theft of any type is illegal, but recently one Florida court has put a different spin on the situation. In the case of T.D.W. v. State, 42 So. 3d 959 (Fla. 4th DCA 2010), the juvenile defendant (FYI, juvenile names are always abbreviated) was convicted of Robbery because he forcefully approached a victim to retrieve his cell phone. T.D.W. testified at trial that he had a good faith belief that the victim possessed his cell phone, so he was going to take it back. At this point, it’s important to note that, technically speaking, a theft charge arises out of an ‘intent to deprive an owner of property’. So, how could a theft occur if the victim of the robbery wasn’t actually the ‘owner’ of the cell phone? The court in T.D.W. threw out T.D.W.’s conviction, reasoning that “a well-founded belief in one’s right to the allegedly stolen property constitutes a complete defense to a charge of theft”, as per a prior court ruling in Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988). https://jgcrimlaw.com/blog/someone-stole-my-stuff-and-im-gonna-steal-it-back-is-that-legal/ https://jgcrimlaw.com/blog/someone-stole-my-stuff-and-im-gon...