Bad Contractor or Criminal Thief? When a Broken Promise Becomes Grand Theft

By: John Guidry

Have you ever paid for a car repair or home repair, only to find that it wasn’t done right? With folks living paycheck to paycheck, having to pay twice for a repair can be devastating. The Question: Where is the line between a broken promise (Civil Lawsuit) and a criminal act (Grand Theft)?

The answer lies in Intent. Getting ripped off is infuriating, but being incompetent or broke isn’t necessarily a crime. To send a contractor to prison, the State has to prove something very specific.

Did you take a down payment and then run into trouble finishing the job?

That is a lawsuit, not a felony. Call John today at (407) 423-1117.

The Case: Frazier v. State (The Unfinished Duplex)

In Frazier v. State, 114 So. 3d 461 (Fla. 2d DCA 2013), Frazier was hired to remodel a duplex for $20,000.

• The Money: He took an $8,000 down payment. later, he took another $2,000 for architectural plans. Total: $10,000.
• The Work: He applied for a permit, worked for three days, and paid an architect $500.
• The Stop: The City denied the permit because the duplex needed major structural work. The job stalled. Frazier never finished.

The Charge: The homeowner, naturally pissed off that $10,000 was flushed down the drain, went to the police. Frazier was convicted of Grand Theft.

The Ruling: Performance Negates “Criminal Intent”

The Appeals Court overturned the conviction. Why? Because Timing is Everything.

To prove Grand Theft in a contract case, the State must prove that the contractor never intended to do the work at the moment he took the money.

• The Evidence: Frazier applied for a permit. He worked for three days. He hired an architect.
• The Logic: You don’t apply for permits or pay architects if your plan is to steal the money and run.

The Court relied on Crawford v. State, a roofing case where the contractor showed up with materials (even if they were the wrong ones). The court ruled:

“Showing up with a helper the day after he received a down payment negated the criminal intent of theft.”

The Lesson: Broken promises are a Civil Matter. It’s no fun getting ripped off, but that’s what civil courts are for. Prison is for people who take the money and vanish without lifting a finger.

The “Silver Platter” Trap (Florida Statute 489.126)

There is one major exception that Frazier barely escaped. Florida Statute 489.126 creates a procedure that automatically converts a civil dispute into criminal fraud.

The “Demand Letter” Rule:

1. If a contractor takes money and does no work for 60 days, the victim can send a Certified Letter demanding work recommence.
2. If the contractor fails to return to work or refund the money within 30 days of that letter, the law presumes criminal intent.

In Frazier, the homeowner sent the letter to the wrong address. Because of that typo, the State couldn’t use the statutory presumption of guilt. If the victim had mailed it correctly, Frazier likely would have stayed convicted.

John’s 2026 Update: Digital Trails & Unlicensed Traps

Note: In 2013, Frazier used paper checks. In 2026, the money moves instantly, and the evidence is digital.

1. The “Good Faith” Digital Trail In 2026, proving “Good Faith” is easier for contractors.

• The Defense: If you are accused of theft, we pull your Zelle, CashApp, or Home Depot Pro history. If we can show you spent the homeowner’s money on materials—even if you bought the wrong ones or the job got delayed—that spending trail proves you intended to do the job.
• The Warning: If the bank records show you took the $10,000 deposit and immediately spent it at the Hard Rock Casino, you are going to prison.

2. The Unlicensed Contractor Trap Frazier was about a dispute over work. If you are Unlicensed, the rules change.

• The 2026 Reality: In Florida, if you perform work without a license during a “State of Emergency” (which is basically always, due to hurricanes), it is a Felony, regardless of whether you finish the job or not. We often see police charge “Theft” + “Unlicensed Contracting” to ensure at least one charge sticks.

3. The 30-Day Demand Letter is King For homeowners, the Certified Letter remains the ultimate weapon.

• For Contractors: If you receive a certified letter referencing F.S. 489.126, do not ignore it. You have 30 days to either get back on the job or refund the money. If you ignore it, you are handing the prosecutor a conviction on a silver platter.

Don’t Let a Civil Dispute Become a Felony Record

If you tried to do the job but failed, you might owe money, but you shouldn’t owe your freedom. We know the difference between a breach of contract and a crime.

Call me at (407) 423-1117. Let’s prove your intent.

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.