This isn’t the first time you’ve faced criminal petit theft charges in Florida. Last time, you were upset about your conviction, but relieved that your sentence was a fine with no jail time. This time, however, you have a previous theft conviction on your record, and you may not be so lucky. This time, you could go to jail for petit theft.
The experienced South Florida criminal defense attorneys at The Law Offices of Robert David Malove defend clients against all types of theft charges, from misdemeanor shoplifting to complex white collar crimes. We understand your stress and uncertainty, especially as a repeat offender. Here's what you need to know about the potential consequences of multiple petit theft convictions in Florida.
The Crime of Petit Theft Stays the Same, But the Penalties Change
Florida law defines petit theft, also known as petty theft, as the unlawful taking of property valued at $750 or less. The first time you commit this crime, you may be charged with a misdemeanor in the first degree with a possible sentence of up to one year in prison and a fine of up to $1,000.
Felony of the Third Degree
Your petit theft charge may be considered a felony of the third degree if you have previously been convicted of any type of theft crime.
A felony of the third degree has a potential sentence of:
- Prison for up to five years
- Fine of up to $5,000
Additionally, your felony record could impact your educational, employment, and housing opportunities, as well as your reputation in the community.
What to Expect if You’re Sentenced for Repeat Petit Theft Convictions
If you have a prior petit theft conviction and are found guilty of a second offense, the court may sentence you to:
- A minimum of 10 days in jail
- A fine of at least $500
For a third or subsequent petit theft offense, you may face:
- A minimum 30-day jail sentence
- A fine of at least $1,000
The judge may impose harsher sentences based on the facts of your case.
A Petit Theft Charge Is Not a Petit Theft Conviction: Learn How to Defend Yourself
Even if you have prior petit theft convictions, you may be able to assert an effective defense. An experienced criminal defense attorney will closely examine the evidence and circumstances of your case. Our team will look for weaknesses in the prosecution's arguments and consider possible defense strategies, including but not limited to:
- Challenging the value of the allegedly stolen property
- Arguing that you lacked the intent to deprive the owner of the property permanently
- Asserting that you had consent to take the property
- Suppressing illegally obtained evidence
In retail theft cases, loss prevention officers or store employees may exaggerate or inaccurately report events. At the Law Offices of Robert David Malove, our legal team will carefully review security footage and witness statements for possible inconsistencies. Additionally, we will examine the chain of custody for evidence to ensure it hasn’t been tampered with or mishandled. These technical issues can result in charge reductions or dismissals.
We also investigate the legality of law enforcement procedures, such as whether you were lawfully detained or if your rights were violated during questioning or arrest. Any procedural errors may result in a dismissal or reduction of charges.
Don’t Wait to Get Legal Help: Early Action Can Change the Outcome
Time is a critical factor in building an effective theft defense. The earlier you involve an experienced South Florida criminal defense attorney, the more opportunities there are to challenge the case before it goes to trial.
Early legal intervention allows your attorney to gather evidence, interview witnesses, and file motions to suppress or dismiss. Early and aggressive legal strategy may mean the difference between conviction and resolution.
At the Law Offices of Robert David Malove, we fight to protect the rights and futures of those accused of petit theft, even if you have prior theft convictions.
