“I Thought I Was Allowed To”: How Good Faith Can Defeat a Grand Theft Charge

By: John Guidry

Theft cases can be pretty simple when it comes to shoplifting. You take an item, you hide it, you leave. Bam—Petit Theft. But theft charges are not so clear when they involve people who know each other and are doing business together. The Question: When does a bad investment become a crime?

The Stakes: In Florida, stealing over $100,000 is a First Degree Felony.

• The Reality: Stabbing someone (Aggravated Battery) might get you 15 years. But “stealing” $100,000 from a business partner? That can get you 30 Years in Prison. Yeah, kind of strange. But that is the law.

Did a business deal go south, and now they are calling the cops?

Civil disputes are not crimes. Call John today at (407) 423-1117.

The Case: Capiro v. State (The $250,000 Loan)

In Capiro v. State, 97 So. 3d 298 (Fla. 4th DCA 2012), John Capiro was convicted of Grand Theft over $100,000.

• The Deal: Friends loaned Capiro $250,000 to start a business.
• The Contract: It was vague. It required monthly interest payments and a payoff in 3 years. It did not restrict how the money could be spent.
• The “Theft”: Capiro spent the money on personal expenses and eventually stopped paying. The friends sued him, but then they took it a step further: they called the Sheriff.

The Conviction: Capiro was found guilty. Why? Because the jury believed he “stole” the money by using it for himself instead of the business.

The “Good Faith” Defense

The Appeals Court overturned the conviction. Why? Because Capiro had a “Good Faith” belief that he was allowed to spend the money.

• The Evidence: The contract didn’t say “Business Use Only.” Capiro honestly believed the loan was personal.
• The Rule: If you honestly believe you have the right to the money—even if you are wrong—you lack the criminal intent required for theft.

The Lawyer’s Mistake: Capiro’s conviction was overturned because his lawyer failed to ask the Judge for a “Good Faith Jury Instruction.”

• The Lesson: If there is any evidence that the defendant believed he was acting lawfully, the jury must be told that “Good Faith” is a complete defense to theft. Because the jury wasn’t told this, the verdict was illegal.

“A defendant is entitled to instruct the jury on a ‘good faith’ defense if there is any evidence to support the defense.”

John’s 2026 Update: Crypto & Informal Contracts

Note: In 2012, Capiro had a paper contract. In 2026, business deals happen on WhatsApp and involve Crypto.

1. The “Crypto Crash” Defense We see many cases where a “Business Manager” loses investor money in a crypto crash.

• The Charge: Investors call it Theft.
• The Defense: We argue Good Faith. Losing money in a bad trade is not stealing. Unless the State can prove you intended to steal it from the start (Ponzi scheme), poor financial management is a civil issue, not a criminal one.

2. Texts are the New Contracts In Capiro, the written contract was vague. Today, we look at Text Messages and Slack Channels.

• The Evidence: If you texted your partner, “I’m going to use some of the funds to pay my rent this month,” and they replied with a “Thumbs Up” emoji, that is evidence of Good Faith. It proves you weren’t hiding the spending, which negates “Criminal Intent.”

3. The $750 Threshold Just a reminder: The threshold for “Grand Theft” (Third Degree) is now $750 (raised from $300 years ago).

• The Trap: However, the $100,000 threshold for First Degree Grand Theft (30 Years) remains the same. Inflation has made it much easier to hit this dangerous number in business disputes.

Don’t Let a Bad Deal Become a Prison Sentence

When business partners fight, they often weaponize the police. If you honestly believed you had a right to the funds, you are not a thief. We know how to prove your Good Faith to the jury.

Call me at (407) 423-1117. Let’s review the agreement.

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.