Facing a petit theft charge in Florida can feel overwhelming and confusing. Even if the stolen item isn’t worth much, you could still face jail time and other serious legal consequences.
At the Law Offices of Robert David Malove, our Fort Lauderdale criminal defense attorneys understand what you are facing. You need reliable information now so that you can make informed decisions about how to protect your freedom and future.
Understanding Petit Theft Charges and Jail Time in Florida
Petit theft, or petty theft, is the unlawful taking of property or money valued at $750 or less. Florida Statute 812.014(3)(e) further divides this into two levels of misdemeanor offenses, depending on your prior convictions.
Petit Theft in the Second Degree
If the property's value is between $100 and $750, you may be charged with petit theft in the second degree. The potential sentence for this crime is 60 days in jail, a fine of up to $500, and probation.
Petit Theft in the First Degree
Like a petit theft in the second degree, a petit theft in the first degree involves stolen property valued between $100 - $750. However, if you have a prior conviction for petit theft, you may be charged with petit theft in the first degree. The potential sentence for this crime is up to one year in jail and a fine of up to $1,000. and probation.
Can You Really Go to Jail for Petty Theft in Florida?
As described above, jail is a legal possibility, even for a first-time petty theft charge. The statutes allow for incarceration, and in some cases, judges do impose jail time. However, whether you’ll actually go to jail depends on several critical factors, including:
- Your criminal history. Individuals with prior theft convictions face a much higher risk of jail time. A third theft-related offense can be upgraded to a felony, carrying far more severe penalties.
- Value and circumstances of the theft. Stealing closer to the $750 limit may be viewed more seriously than taking something of negligible value. Additionally, prosecutors may argue for harsher penalties if force, threats, or deception were involved.
- Aggravating factors. The court may be more likely to impose jail time in certain situations such as if the alleged victim was elderly or part of another protected class, the stealing involved a violation of trust (such as from an employer), the theft occurred while you were on probation or parole, or your repeat offenses occurred in a short amount of time.
Judges in Florida have significant latitude in sentencing. While most first-time petty theft defendants avoid incarceration, a tough-on-crime judge may still impose jail time to “send a message,” particularly in tourist-heavy areas like Fort Lauderdale.
When Petit Theft Escalates to a Felony: Additional Prison Time Is Possible
Most petty thefts are misdemeanors, but Florida law allows for elevation to felony charges under specific conditions, including:
A Third Petty Theft Charge
Florida Statute § 812.014(3)(c) allows prosecutors to upgrade a third petty theft offense to a third-degree felony, regardless of the stolen item's value. The potential penalty for this crime is up to five years in prison, a $5,000 fine, and a felony record.
Felony Theft After Prior Felony Convictions
Even a minor petty theft offense may result in a second-degree felony if the defendant has two or more prior felony theft convictions. In these cases, the potential penalty increases to up to 15 years in prison and other significant consequences.
What Happens if You Go to Jail for Petty Theft
If you are sentenced to jail for petty theft, here’s what you can generally expect:
Booking and Processing
You’ll be fingerprinted, photographed, and processed into the county jail. In Broward County, you may be held at the Main Jail Bureau or another county facility.
Duration of Stay
As discussed above, you may be sentenced to jail for as little as 60 days or several years. However, Florida’s jails are often overcrowded, and early release is possible for nonviolent offenders. Good behavior and participation in programs can reduce time served.
Jail Conditions
The psychological toll of even a short jail stay can be profound, especially for first-time offenders. You may face shared cells, limited visitation, restricted access to communication, mandatory work assignments or programs, and potential exposure to violent or unsanitary conditions.
Post-Release Obligations
Even after you are released, you may still face:
- Probation
- Community service
- Restitution payments
- Mandatory anti-theft education
- Regular check-ins with law enforcement or court personnel
Failure to meet these obligations can lead to reincarceration.
Other Long-Term Consequences of a Petty Theft Conviction
In addition to jail time and fines, a misdemeanor theft conviction can have lasting effects on your personal and professional life, such as:
- Employment challenges. Many employers perform background checks and may hesitate to hire someone with a theft conviction.
- Housing issues. Landlords often screen applicants and may deny housing to those with criminal records.
- Immigration risks, Theft is considered a “crime of moral turpitude,” which can lead to deportation or denial of naturalization for non-citizens.
- Damaged reputation. Being labeled a thief can strain relationships and community ties.
- Education and licensing barriers. Some colleges and professional licensing boards disqualify applicants with criminal records.
These consequences highlight why it’s so important to fight theft charges aggressively and pursue every available legal option to avoid conviction.
Possible Defenses Against Petit Theft Charges
Being charged is not the same as being convicted. Every case is unique, and your South Florida criminal defense lawyer will consider all of the possible defenses that may apply to your case, including but not limited to:
Lack of Intent
Theft requires intent. If you took something by accident or misunderstood your rights to the property, that may serve as a defense. This could happen, for example, if you absentmindedly walked out of a store without paying because you were distracted.
Ownership Disputes
If both parties believe they have a valid claim to the item, it may be a civil matter, not criminal theft. For example, an ownership dispute that may not be criminal theft could arise if roommates argue over who owns a piece of furniture after moving out.
Mistaken Identity
Surveillance footage and eyewitness testimony are often unreliable. You might have been falsely identified as the thief based on someone else’s vague description or faulty memory.
Illegal Search and Seizure
If law enforcement obtained evidence without a proper warrant or legal justification, that evidence may be suppressed.
Each case is unique, so a tailored defense strategy is essential.
What an Experienced Criminal Defense Lawyer Can Do if You’re Charged With Petit Theft
A petty theft conviction is never a minor matter. Even misdemeanor offenses can result in jail time, fines, and a permanent criminal record that haunts you for years. You need an aggressive legal advocate when your freedom and future are on the line.
At the Law Offices of Robert David Malove, we have decades of experience defending clients against theft charges in Fort Lauderdale and throughout South Florida. We’ll work tirelessly to protect your rights and achieve the best possible outcome by:
- Analyzing the evidence to determine if the prosecution can prove all elements of the crime
- Challenging unlawful searches or seizures that violated your constitutional rights
- Negotiating with the prosecutor for reduced charges or pretrial diversion programs
- Arguing for alternative sentencing, such as probation or community service instead of jail, if appropriate
- Developing a strong defense strategy, especially if the case involves mistaken identity or intent
- Helping you expunge or seal your record after the case is resolved, if eligible
- Guiding you through every step of the legal process, reducing stress and uncertainty
- Protecting your rights in court and preventing you from making damaging statements to police or prosecutors
You don’t have to handle any criminal charges, including petit theft, alone.
