Understanding the Consequences of Petty Theft Charges and How to Protect Your Rights

Petty theft in Florida might seem like a minor offense, but it can carry serious consequences. Many people are surprised to learn that even a small theft can lead to jail time, depending on the circumstances and prior criminal history. Let’s explore how Florida law defines petty theft, what penalties you could face, and how a conviction can affect your future.

What is Petty Theft in Florida?

Under Florida law, theft is the act of knowingly taking or using someone else’s property with the intent to deprive them of it permanently or temporarily. The distinction between petty theft and other forms of theft, like grand theft, is largely based on the value of the stolen property.

Petty theft in Florida is defined in Florida Statute 812.014, which outlines different degrees of theft based on the monetary value of the stolen item or items. Petty theft typically involves stolen property valued at less than $750.

  • First-degree petty theft: This applies to cases where the stolen property is valued between $100 and $750. It's classified as a first-degree misdemeanor.
  • Second-degree petty theft: In cases where the stolen property is valued at less than $100, the crime is classified as a second-degree misdemeanor.

The penalties for petty theft may vary depending on whether it’s a first or second offense, as well as other factors like prior convictions.

Penalties for Petty Theft

So, can you go to jail for petty theft in Florida? The short answer is yes, you can. The specific penalties for petty theft depend on the degree of the charge and any prior convictions. Here’s a closer look at what you could be facing:

  • Second-degree petty theft: If you’re convicted of second-degree petty theft (involving items valued at less than $100), you could face up to 60 days in jail, up to six months of probation, and a fine of up to $500.

  • First-degree petty theft: A conviction for first-degree petty theft (involving items valued between $100 and $750) can lead to up to one year in jail, one year of probation, and a fine of up to $1,000.

For someone with a clean record, judges may be more lenient, and penalties could be reduced to probation, community service, or a diversion program. However, it’s important to understand that jail time is very much a possibility, especially if you have prior theft convictions or if the circumstances of the theft are more serious.

Prior Convictions Can Increase the Severity

If you’ve been convicted of theft before, a petty theft charge can have even more significant consequences. Florida’s laws take repeat offenders very seriously.

Under Florida Statute 812.014(3)(c), if you have been previously convicted of two or more theft offenses, your third petty theft charge—no matter how small the value of the stolen property—can be elevated to a third-degree felony. Felony petty theft carries the potential for:

  • Up to 5 years in prison
  • Up to 5 years of probation
  • Fines of up to $5,000

This demonstrates how quickly a simple theft charge can escalate, making it critical to address any charges immediately.

Legal Defenses for Petty Theft Charges

Facing a petty theft charge does not mean that jail time is inevitable. There are several defenses that can be used, depending on the specifics of your case. These may include:

  • Lack of intent: If we can show that you didn’t have the intent to permanently deprive the owner of their property, it could be a strong defense. For example, if the alleged theft was simply an accident or misunderstanding, this could lead to a dismissal of charges.

  • Mistaken identity: In some cases, we may be able to show that you weren’t the person who committed the theft, especially in situations where the evidence against you is circumstantial or unreliable.

  • Entrapment: If law enforcement officers coerced or pressured you into committing a theft that you otherwise wouldn’t have committed, this could be a viable defense.

  • Ownership dispute: If there is a genuine dispute about who the property belongs to, this could serve as a defense in your case.

By building a strong defense, it’s possible to reduce the severity of the charges, negotiate a plea deal, or even get the case dismissed.

How a Petty Theft Conviction Can Affect Your Life

Beyond the potential for jail time and fines, a petty theft conviction can have lasting consequences that extend beyond the courtroom. Even though it’s considered a misdemeanor, a petty theft conviction will result in a criminal record. This can affect your life in several ways:

  • Employment opportunities: Many employers conduct background checks, and a theft conviction could make it difficult to secure employment, particularly in positions that involve handling money or valuable items.

  • Housing: Landlords may be hesitant to rent to someone with a criminal record, especially for a crime like theft.

  • Professional licensing: If you hold or are seeking a professional license, a theft conviction could make it harder to obtain or renew that license.

  • Reputation: A criminal conviction can damage your reputation within your community, among friends, and with your family.

Misdemeanor vs. Felony Petty Theft: What’s the Difference?

Petty theft can either be charged as a misdemeanor or a felony, depending on the value of the stolen goods and your prior record. The biggest difference between these two classifications is the potential penalty. Misdemeanor petty theft is generally punishable by up to one year in jail, while felony theft can lead to much more severe penalties, including several years in prison.

If your charge is elevated to felony petty theft due to prior convictions, the stakes become much higher, and the need for an experienced defense becomes more urgent.

The Role of Diversion Programs

For first-time offenders, Florida offers diversion programs as an alternative to jail time. These programs aim to rehabilitate offenders and prevent them from committing future crimes. If you successfully complete a diversion program, your charges could be reduced or even dismissed.

Common conditions of a diversion program include:

  • Completing community service
  • Attending theft awareness classes
  • Paying restitution to the victim

Participation in a diversion program can help you avoid a criminal record and reduce the long-term impact of the charges. Not everyone qualifies for a diversion program, so it’s important to discuss this option with your attorney.

Petty theft might seem like a minor offense, but it carries the potential for serious consequences, including jail time, fines, and a criminal record. Understanding your rights and the potential penalties under Florida law is critical if you’re facing a petty theft charge. With the right defense strategy, it’s possible to fight the charges, minimize penalties, or even have the case dismissed.

If you or someone you know is facing a petty theft charge in Florida, having experienced legal representation can make all the difference. At Musca Law, we are dedicated to defending individuals charged with petty theft and other crimes throughout the state. Contact us 24/7/365 at 1-888-484-5057 for your free consultation.

Florida Petty Theft FAQs

Can petty theft be expunged from my record?
In Florida, if you successfully complete a diversion program, your charge may be dismissed, which opens the possibility of expunging your record. If your case ends in a conviction, however, you won’t be eligible for expungement. Always consult with an attorney to explore your options for clearing your record.

Is petty theft a felony or misdemeanor?
Petty theft is typically charged as a misdemeanor in Florida. However, if you have two or more prior theft convictions, a petty theft charge can be elevated to a third-degree felony, which carries much harsher penalties, including the possibility of up to five years in prison.

Can a petty theft charge be reduced to a lesser offense?
Yes, with the right legal defense, it’s possible to negotiate with the prosecutor to reduce a petty theft charge. For example, an experienced attorney may be able to argue for the charge to be reduced to a non-theft offense or negotiate a plea deal that involves a diversion program or probation instead of jail time.

What should I do if I’m falsely accused of petty theft?
If you’ve been falsely accused of petty theft, it’s important to gather any evidence that supports your innocence and speak with a criminal defense attorney immediately. Possible defenses include mistaken identity, lack of intent, or evidence showing that you are the rightful owner of the property in question.

How long will a petty theft case take to resolve?
The length of a petty theft case can vary based on the complexity of the case and the legal strategy used. Some cases can be resolved quickly through plea negotiations or diversion programs, while others may take longer if the case goes to trial.

Will a petty theft conviction affect my ability to get a job?
Yes, a petty theft conviction will appear on your criminal record and may impact your ability to secure employment, especially in jobs that involve handling money or valuables. However, if your charges are reduced, dismissed, or expunged, the impact on your employment prospects may be minimized.

Contact Musca Law 24/7/365 at 1-888-484-5057 for Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.