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THEF6304 Failure to Redeliver Leased Personal Property
THEF6304 Failure to Redeliver Leased Personal Property – Tampa Felony Defense Attorney
Charged with THEF6304 in Hillsborough County?
Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 for aggressive and experienced defense.
Understanding Florida Statute 812.155 – THEF6304
Failure to Redeliver Leased Personal Property (THEF6304) is a serious offense in Florida. Under Florida Statute §812.155(3), this charge applies when a person knowingly refuses or fails to return leased property without the consent of the owner.
If the leased property is valued at $300 or more, the offense is a third-degree felony—punishable by up to 5 years in prison and a $5,000 fine.
Key Elements of THEF6304
- A Valid Lease: There must be a documented lease agreement.
- Intentional Failure: The refusal or abandonment must be knowing and intentional.
- Value Matters: If property value ≥ $300 → Felony; < $300 → Misdemeanor.
Penalties for THEF6304 Charges
| Charge Level | Penalty |
|---|---|
| Felony (≥ $300) | Up to 5 years in prison, $5,000 fine, restitution |
| Misdemeanor (< $300) | Up to 60 days in jail, $500 fine, restitution |
Additional Consequences:
- Permanent criminal record
- Job loss or employment barriers
- Revocation of professional licenses
- Damage to credit and financial standing
Common Legal Defenses for THEF6304
- Lack of Intent: If there was no deliberate refusal to return the property, such as a misunderstanding or miscommunication, this defense can be crucial. This may include situations where the individual believed they were in compliance with the lease terms, or unexpected circumstances prevented the return of the property.
- Lease Disputes: If the lease terms were vague or disputed, there could be reasonable confusion about when or how the property should be returned. A defense based on unclear lease agreements or differing interpretations of the contract could be a strong argument to challenge the charge.
- Condition Issues: If the property was damaged or unusable when returned, the lessee may argue that the property was not in a condition to be returned. Additionally, if the lease did not properly account for the property’s condition at the time of return, this could serve as a valid defense.
- Mistaken Identity: Sometimes, individuals are charged for leased property they did not control. A mistaken identity defense involves proving that the person charged with the offense was not the one responsible for the leased item or that someone else was involved.
Why Hire W.F. “Casey” Ebsary Jr.?
As a Board-Certified Criminal Trial Lawyer in Tampa, I offer:
✅ In-depth case analysis: I will thoroughly review your lease documents, related evidence, and any communication to build a robust defense strategy.
✅ Aggressive legal defense: My approach involves fighting for your rights at every stage, whether in negotiations or in the courtroom.
✅ Local court experience: Familiarity with the Hillsborough County court system allows me to effectively navigate local procedures and engage with prosecutors and judges for the best outcome.
✅ Personalized service: I believe in clear communication and providing ongoing support throughout the legal process, so you’re never left in the dark.
Don’t leave your future to chance. Let me fight for you.
📞 Free Consultation: (813) 222-2220
📍 Serving Tampa and Hillsborough County
Frequently Asked Questions (THEF6304)
THEF6304 refers to the charge of Failure to Redeliver Leased Personal Property under Florida Statute 812.155. This offense occurs when an individual leases property (such as a car, tools, or equipment) and fails to return it as agreed in the lease contract. It can apply to various situations, from a failure to return a rental car to not returning heavy equipment to a business. A charge can be levied when there’s proof that the person intentionally withheld the property beyond the agreed-upon time frame.
Yes, THEF6304 can be classified as either a felony or a misdemeanor depending on the value of the property involved. If the property is valued at $300 or more, it is considered a third-degree felony, which can carry significant penalties such as prison time, fines, and a permanent criminal record. If the value is less than $300, the charge becomes a second-degree misdemeanor, which is still a criminal offense but with less severe penalties. Regardless of the classification, it is important to take this charge seriously.
The primary evidence in a THEF6304 case typically includes the lease agreement, which should outline the terms for returning the property. Additional evidence may include written or electronic communication between the lessee and the property owner, property valuation documents to establish the worth of the leased item, and witness testimonies to corroborate claims about the property’s condition or return process. The evidence presented can make or break a case, which is why an experienced defense attorney will work to challenge the validity of the evidence used by the prosecution.
Absolutely. A skilled criminal defense attorney can provide essential assistance in a THEF6304 case. A lawyer will review all available evidence, including the lease agreement and any communications, to identify weaknesses in the prosecution’s case. They can also negotiate with the prosecutor to seek a reduction in charges or pursue other favorable outcomes like alternative sentencing. In court, a defense attorney will argue on your behalf, utilizing their knowledge of the law and experience in the Hillsborough County legal system to achieve the best possible outcome.
THEF6304 charges are often filed in Hillsborough County, where individuals may have leased property from businesses such as car rental agencies, equipment leasing companies, or dealerships. Having local legal knowledge is crucial because an attorney who understands the dynamics of the Hillsborough County court system can effectively navigate local court rules, procedures, and the behavior of local judges and prosecutors. This familiarity allows a defense lawyer to tailor their approach to the specific nuances of the local legal environment, increasing the chances of a favorable outcome.
What to Expect in Hillsborough County Courts
| Stage | Description |
|---|---|
| First Appearance | Bail is set, charges are explained, and your next court date is scheduled. |
| Pre-Trial | Negotiations may take place, including potential plea deals or diversion options. |
| Trial | If no resolution is reached, the case will go to trial, where evidence is presented and a decision is made. |
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Original Post from 2010 THEF6304 Failure to Redeliver Leased Personal Property
THEF6304 Failure to Redeliver Leased Personal PropertyLaw Office of W.F. ”Casey” Ebsary Jr March 20, 2025TweetShareShare
“without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty”
Failure to Redeliver Leased Property
If you have been charged with THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY you can call a Failure to Redeliver Leased Property Defense Attorney Tampa at (813) 222-2220 and tell me your story.
Form Code: THEF6304
Florida Statute: 812.155.3
Level: Fel (Felony)
Degree: 3rd
Description: FAILURE TO REDELIVER LEASED PERSONAL PROPERTY
THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES
812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence.
(3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY.—Whoever, after hiring or leasing any personal property or equipment under an agreement to redeliver the same to the person letting such personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that event the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Posted in: Failure to Redeliver, Failure to Redeliver Leased Personal Property, State Court, THEF6304 and Theft
Tagged: 812.155.3
“without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty”
Failure to Redeliver Leased Property
If you have been charged with THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY you can call a Failure to Redeliver Leased Property Defense Attorney Tampa at (813) 222-2220 and tell me your story.
Form Code: THEF6304
Florida Statute: 812.155.3
Level: Fel (Felony)
Degree: 3rd
Description: FAILURE TO REDELIVER LEASED PERSONAL PROPERTY
THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES
812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence.
(3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY.—Whoever, after hiring or leasing any personal property or equipment under an agreement to redeliver the same to the person letting such personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that event the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.