Can You “Steal” Back Your Own Stolen Property?

By: John Guidry

Remember what your Mom told you as a kid: “Just because your friend did it doesn’t make it right for you.” Or how about the Golden Rule: “Do unto others as you would have them do unto you”?

Well, today we are talking about a different rule, something along the lines of “Do unto others as they have done to you.”

Here is the scenario: Someone swipes your cell phone or your lawnmower. You know who has it. You see them on the street or in their front yard. The urge to just walk up and snatch it back is overwhelming. After all, it’s yours, right?

But Florida’s theft laws are tricky. While common sense says you can’t steal what you already own, taking the law into your own hands can land you in the back of a squad car faster than you can say “vigilante justice.”

Charged with theft for taking back what’s yours?

Don’t try to explain this to the police alone. Call John today at (407) 423-1117.

The Legal Breakdown: T.D.W. v. State

Florida law defines theft as the intent to deprive an owner of their property. But what if the “victim” isn’t the owner because you are?

One Florida court put an interesting spin on this in the case of T.D.W. v. State, 42 So. 3d 959 (Fla. 4th DCA 2010).

• The Incident: T.D.W., a juvenile, forcefully approached a “victim” to retrieve his own cell phone.
• The Charge: Because force was used, the State charged and convicted him of Robbery.
• The Defense: T.D.W. testified he had a “good faith belief” that the victim had his phone, and he was just taking it back.
• The Ruling: The court threw out the conviction. They reasoned that “a well-founded belief in one’s right to the allegedly stolen property constitutes a complete defense to a charge of theft.”

Basically, you cannot be guilty of stealing if you have a “good faith” belief that the property belongs to you. You can’t “deprive the owner” if you are the owner.

The “Openness” Factor

Before you go running off to repossess your stuff, you need to look at how our local courts handle this. In Orange and Seminole County, we look to the Fifth District Court of Appeal.

In Owens v. State, 866 So. 2d 129 (Fla. 5th DCA 2004), the court admitted that proving this “honest belief” is tough. They look at how you took it back.

The court noted that the “openness of the taking” helps prove you weren’t acting like a criminal. If you snatch it back in broad daylight while shouting, “Give me my phone back,” that looks a lot more like a “good faith claim of right” than sneaking into someone’s house at midnight to take it.

John’s Takeaways

Here is the “Straight Shooter” truth that no one wants to hear but everyone needs to know:

• You Will Probably Still Get Arrested: Did you notice that every case discussed above involved a person who was arrested and convicted first? Yes, they eventually won on appeal, but do you want to sit in jail for a year waiting for that to happen?
• The “Claim of Right” is a Trial Defense: This is an argument we make to a jury or a judge after you’ve been charged. It is not a magic wand that stops a police officer from handcuffing you on the street.
• Don’t Play Vigilante: If you know where your stolen property is, call the Sheriff’s Office (Orange, Seminole, Volusia, etc.). Ask them to send a deputy to be a “peacekeeper” while you retrieve the item.
• Bring Proof: If you go the police route, have your receipts, serial numbers, or photos ready. Without proof, the police will likely tell you it’s a “civil matter” and walk away.

Smart Retrieval vs. accidental Robbery

Is it legal to retrieve stolen stuff? Technically, yes. Is it smart to do it yourself? Usually, no.

If you decided to ignore my advice and take the law into your own hands—and now you’re facing Robbery or Theft charges—you need someone who can explain the “Claim of Right” defense to the prosecutor.

Call me at (407) 423-1117. Let’s fix this.

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.