What is Petit Theft in Florida?
In Florida, petit theft (Fla. Stat. § 812.014) is the unlawful taking of property valued at $750 or less with the intent to permanently deprive the owner of that property. It is considered a misdemeanor offense, but the penalties can vary depending on the value of the stolen property and the defendant’s criminal history.
There are two degrees of petit theft in Florida:
- Petit Theft in the Second Degree: This charge applies when the stolen property is valued at $100 or more but less than $750.
- Petit Theft in the First Degree: This charge applies when the stolen property is valued at $100 or more but less than $750 and the defendant has a prior conviction for petit theft.
Penalties for Petit Theft in Florida
The penalties for petit theft depend on the degree of the crime and any prior convictions:
- Second-Degree Petit Theft (for theft under $750): If convicted, you face up to 60 days in jail and fines up to $500.
- First-Degree Petit Theft (for repeat offenders): If you have a prior theft conviction, the charge can be upgraded to a first-degree misdemeanor, with penalties including up to 1 year in jail and fines up to $1,000.
In addition to jail time and fines, a petit theft conviction can lead to probation, community service, restitution to the victim, and a criminal record that may impact employment, housing, and future opportunities.
Defenses Against Petit Theft Charges
There are several defense strategies that may be used to fight a petit theft charge, including:
- Lack of Intent: To be guilty of petit theft, you must have the intent to permanently deprive the owner of their property. If you did not intend to steal the property, this may be a valid defense.
- Mistaken Identity: If you were wrongly identified as the person who committed the theft, your attorney can challenge the prosecution’s evidence and build a defense based on mistaken identity.
- Lack of Evidence: If there is insufficient evidence to prove that you took the property or that you had the intent to steal it, your attorney can argue for a dismissal or reduced charges.
- Shoplifting Defense: If you were charged with shoplifting, your attorney may argue that there was no intent to steal or that you were mistaken for another individual.
- Possession of Property: If you can prove that you did not knowingly possess stolen property or that you had a legitimate reason for having it, the charges may be reduced or dismissed.
- No Theft Took Place: If you can show that you returned the property or did not take it in the first place, you may be able to avoid a conviction.
Contact Our Fort Lauderdale Criminal Lawyer for a Free Consultation
Board-certified criminal trial attorney Robert David Malove defends all types of criminal charges throughout Florida, from misdemeanor traffic offenses to violent felonies. We offer free consultations and affordable payment plans to make justice accessible to everyone. Contact us online or call us today at 954-861-0384 to have us explain your options at no cost. We have offices in Fort Lauderdale, Fort Myers, Fort Pierce, Key West, and West Palm Beach.
