Being accused of petit theft in Florida is a serious matter that can lead to misdemeanor charges under Florida Statute § 812.014(2)(e) & (3)(a). While petit theft is typically a less severe offense than grand theft, a conviction can still result in significant consequences, including fines, probation, and a criminal record.
If you are facing petit theft charges, having an experienced criminal defense attorney who understands Florida’s theft laws and can help you protect your rights is essential.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we are ready to fight for you. Call (813) 981-7005 today for a free consultation.
What is Petit Theft in Florida?
Under Florida Statute § 812.014(2)(e) & (3)(a), petit theft is defined as the unlawful taking of property valued at less than $750 with the intent to deprive the owner of its use or benefit. This crime is classified as a misdemeanor, but the consequences can still be severe, especially if you have a prior criminal record or if the alleged theft involves certain aggravating factors.
The law states that to be charged with petit theft, the prosecution must prove several key elements:
You knowingly and unlawfully took someone else’s property.
This means that the action of taking the property must be intentional and without permission. Even if you mistakenly took something, such as thinking it belonged to you, the act is still considered theft unless you can prove otherwise.
The property was valued at less than $750.
Property theft can range from small items like clothing or electronics to more valuable objects. If the total value of the stolen goods is under $750, the crime may be classified as petit theft.
You intended to permanently or temporarily deprive the owner of their property.
Theft is a crime that involves the intention to either keep the property for yourself or deny the rightful owner the use or benefit of it, even temporarily. If you were caught in possession of the property but had no intent to steal it (for example, you found it and intended to return it), this could be a defense.
What Are the Penalties for Petit Theft in Florida?
Petit theft penalties depend on the circumstances surrounding the offense, specifically the value of the stolen property and any prior criminal history. In Florida, petit theft is typically classified as a misdemeanor, but this does not mean the penalties are insignificant. The two primary classifications are:
Petit Theft in the Second Degree
If the stolen property is valued at $100 or more but less than $750, it is charged as a second-degree misdemeanor, which carries penalties such as:
- Up to 60 days in jail
- A fine of up to $500
- A permanent criminal record
Convictions can also lead to probation, where you would need to meet specific conditions set by the court, including regular check-ins with a probation officer and possibly completing community service or a theft prevention program.
Petit Theft in the First Degree
In some cases, petit theft may be charged as a first-degree misdemeanor. This usually occurs if:
- The stolen property was valued at less than $100, but the individual has a history of theft offenses or other criminal behavior.
- The theft was committed during an aggravated circumstance, such as multiple offenses or theft from certain locations (e.g., retail stores).
Penalties for first-degree misdemeanor petit theft include:
- Up to 1 year in jail
- A fine of up to $1,000
- A permanent criminal record
How Do I Defend Against Petit Theft Charges in Florida?
If you face petit theft charges, several potential defenses may apply in your case. At Metcalf Falls, Criminal Defense Attorneys, P.A., we will thoroughly investigate the circumstances and look for any weaknesses in the prosecution’s case. Some common defenses to petit theft charges include:
Lack of Intent
One of the key elements in proving theft is the intent behind the alleged action. This can be a valid defense if you did not intend to steal the property or if the taking of the property was accidental.
Mistaken Identity
Mistaken identity or misidentification by the alleged victim or witnesses can also be an effective defense. In some cases, individuals may be wrongly accused of theft due to similar appearances or misunderstandings.
Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that a theft occurred. If the evidence is circumstantial or does not directly link you to the crime, we will challenge its validity.
Frequently Asked Questions About Petit Theft in Florida
What should I do if I am accused of petit theft?
If you are facing petit theft charges, it’s critical that you exercise your right to remain silent and not speak to law enforcement without the guidance of an attorney. Anything you say can be used against you in court. Contacting a criminal defense attorney immediately ensures that your rights are protected from the outset.
Can petit theft charges be reduced?
Yes, in certain circumstances, petit theft charges can be reduced or dismissed. Several factors may influence the outcome of your case, including:
- Mitigating circumstances, such as a lack of prior criminal history or the presence of extenuating factors that led to the theft.
- Evidence that supports your defense, such as mistaken identity, lack of intent, or insufficient evidence linking you to the crime.
- Plea negotiations with the prosecutor. If the evidence against you is weak or there are issues with the case, your attorney may be able to secure a reduced charge or alternative resolution, such as a diversion program or community service.
Will a petit theft conviction affect my future?
While petit theft is classified as a misdemeanor, a conviction can still have lasting and serious consequences on your future. Even a misdemeanor criminal record can create significant barriers to your success, including:
- Employment difficulties
- Housing challenges
- Professional licensing
Additionally, a criminal conviction can harm your reputation in the community. Understanding the far-reaching implications of a petit theft conviction is crucial, so seeking skilled legal representation is important to protect your future.
How long does the state have to file charges?
In Florida, the statute of limitations for petit theft is generally one year from the date of the alleged offense. This means that the state has up to one year to file formal charges against you for petit theft.
Why Work With Our Florida Petit Theft Defense Lawyers?
Petit theft charges, though considered a misdemeanor in Florida, can still have serious consequences on your life. A conviction can result in fines, probation, community service, and a permanent criminal record, which could impact future employment opportunities, housing options, and other aspects of your personal and professional life. If you are facing petit theft charges, working with a knowledgeable theft defense attorney like Brett Metcalf can give you the best chance to avoid a conviction or minimize the consequences.
Brett Metcalf’s experience as a former prosecutor gives him a unique advantage in handling petit theft cases. With an understanding of how prosecutors build their cases, Brett is able to anticipate their strategy and identify weaknesses in the evidence. Whether it’s disputing intent, challenging witness testimony, or negotiating for reduced charges, Brett is dedicated to crafting a defense tailored to the specifics of your case.
Since 2012, Brett has been fighting for the rights of Florida residents accused of petit theft. He works tirelessly to secure favorable outcomes, whether by having the charges dropped, obtaining a pretrial dismissal, or negotiating a plea deal that minimizes the potential penalties. In cases where trial is unavoidable, Brett is committed to presenting a strong defense to seek the best possible result.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Get Trusted Legal Defense for Florida Petit Theft Charges Now
If you are facing petit theft charges in Florida, the experienced attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A., are here to help. We understand the complexities of theft charges and are committed to providing you with a strong defense.
We will stand by you every step of the way, offering personalized legal strategies and aggressive representation to secure the best possible outcome.
Call (813) 981-7005 or fill out our online contact form to schedule your free consultation today. Let us help you build your defense and safeguard your future.