You’re at a local store in Charlotte County when you’re stopped by a security guard, accused of stealing, and suddenly facing criminal charges for petit theft. The situation feels surreal—and overwhelming. In moments like these, even minor missteps can have major consequences. What you do next could shape the outcome of your case.
At The Law Offices of Robert David Malove, we’ve seen how quickly a petit theft charge can escalate. A conviction can affect your record, job prospects, and even your freedom. Here’s how to avoid the most common mistakes—and how an experienced criminal defense attorney can help protect your future.
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What Is Petit Theft Under Florida Law?
Petit theft—commonly referred to as petty theft—is defined in Florida Statutes § 812.014 as the unlawful taking of property valued at less than $750 with the intent to deprive the owner of its use or benefit. The severity of the charge depends on the value of the stolen property, where it was taken from, and whether the accused has prior theft convictions. However, even the theft of a low-value item comes with the possibility of:
- Jail time or probation
- Community service requirements
- Mandatory anti-theft classes
- A permanent criminal record, which can impact your employment, housing, and licensing opportunities
What Are the Most Common Mistakes People Make After Being Charged?
Petit theft may sound like a minor offense, but making the wrong moves early in your case can significantly harm your defense. Even small decisions—made in panic or without legal guidance—can have long-lasting consequences.
Talking to Store Security Without Legal Advice
Many defendants make the mistake of thinking statements made to store employees or loss prevention officers are “off the record.” They’re not. These conversations are often recorded or detailed in written reports given to police.
What to do instead: Do not sign anything or give any statements to store personnel. Request legal counsel before answering questions.
Admitting Guilt Without a Lawyer Present
You may think cooperation will make the charge go away. But saying “I’m sorry” or trying to explain what happened can be interpreted as an admission of guilt. Even offhand comments during arrest or booking can be used against you.
What to do instead: Politely invoke your right to remain silent and ask for a lawyer. Don’t answer questions without legal representation.
Posting About the Case on Social Media
A single post, photo, or private message could be used by prosecutors to undermine your credibility or suggest guilt. Even deleted posts can be recovered.
What to do instead: Stay off social media entirely until your case is resolved.
Underestimating the Seriousness of the Charge
Some people assume that a petit theft charge isn’t a “big deal” because it’s not a felony. But even a misdemeanor conviction can carry jail time, probation, fines, and a permanent criminal record.
What to do instead: Treat every criminal charge seriously. Early legal intervention can significantly reduce your risk of harsh penalties.
Failing to Show Up for Court
Missing a court date can lead to a bench warrant, additional charges, or a revocation of your bond.
What to do instead: Mark your calendar, confirm your court dates with your attorney, and make all appearances a priority.
Accepting a Plea Deal Without Understanding the Impact
Plea deals can seem like a quick fix, but accepting one without fully understanding the consequences may result in a permanent criminal record—or immigration issues if you're not a U.S. citizen.
What to do instead: Never agree to a plea without reviewing it with a criminal defense lawyer who can explain how it affects your future.
Ignoring the Long-Term Consequences
A petit theft conviction doesn’t just affect your immediate future—it can show up on background checks, limit job opportunities, and impact applications for housing, education, or professional licenses.
What to do instead: Ask your attorney about strategies to keep the charge off your record, such as diversion programs, deferred adjudication, or expungement options.
What Should You Do If You're Charged With Petit Theft in Charlotte County?
Hiring an experienced defense attorney—like those at the Law Offices of Robert David Malove—can be the difference between a dismissed charge and a permanent criminal record.
From day one, your lawyer will protect your rights, prevent self-incrimination, and guide you through every step of the process. They’ll examine surveillance footage, question the alleged value of the stolen item, and identify potential defenses—like lack of intent, mistaken identity, or false accusations.
For first-time offenses, your attorney may negotiate pretrial diversion, allowing you to complete community service or theft education in exchange for dropped charges. If dismissal isn’t possible, they’ll fight to keep the charge off your record and explore options for expungement.
When your reputation, freedom, and future are on the line, having the right legal help matters.
