Understanding Petty Theft in Florida: Penalties, Legal Ramifications, and What to Expect

What is the Punishment for Petty Theft in Florida?

If you’re facing a petty theft charge in Florida, it’s important to understand the legal issues and consequences surrounding the offense. Petty theft might sound like a minor charge, but it can carry serious penalties, especially if you’ve had prior theft convictions. In Florida, theft offenses are governed by specific laws, and the consequences can vary based on the value of the stolen property and the circumstances of the crime. Let’s walk through what you need to know about the penalties for petty theft and how Florida law treats these cases.

Definition of Petty Theft in Florida

Petty theft in Florida involves the unlawful taking of property valued at less than $750. The theft of property valued between $100 and $749 is considered a first-degree misdemeanor, while theft of property valued under $100 is classified as a second-degree misdemeanor. Florida Statutes § 812.014 outlines the different degrees of theft and provides the framework for how these cases are prosecuted.

Penalties for Petty Theft

The penalties for petty theft in Florida can vary, depending on the value of the stolen property and any prior theft convictions you may have. Let’s break down the possible punishments by degree:

  • Second-Degree Misdemeanor (property valued under $100):
    If convicted of a second-degree misdemeanor petty theft, you could face up to 60 days in jail, up to six months of probation, and a fine of up to $500. This is typically the charge for first-time offenders who steal property worth less than $100.

  • First-Degree Misdemeanor (property valued between $100 and $749):
    A first-degree misdemeanor carries more severe penalties. You could face up to one year in jail, one year of probation, and a fine of up to $1,000. This charge applies to thefts where the value of the property falls between $100 and $749.

The penalties can increase significantly if you’ve been convicted of theft before.

Enhanced Penalties for Repeat Offenders

Florida law imposes harsher penalties for repeat offenders. If you’ve been previously convicted of any theft-related offense, your next petty theft charge could be upgraded to a felony, even if the stolen property is worth less than $750. According to Florida Statutes § 812.014(3)(c), a third conviction for petty theft results in a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.

Civil Penalties for Petty Theft

In addition to criminal penalties, those convicted of petty theft in Florida may also face civil penalties. Under Florida Statutes § 772.11, a business or individual can sue you for the retail value of the stolen property, plus additional damages. This means that even after serving your sentence or paying a fine, you could still be financially liable in civil court.

Restitution

Restitution is another consequence that comes with a petty theft conviction. If you’re convicted, the court may require you to pay restitution to the victim for the value of the stolen property. Restitution is separate from any fines or civil penalties and is intended to compensate the victim for their loss. The amount of restitution depends on the value of the property and any damage caused during the theft.

Possible Defenses to Petty Theft Charges

Just because you’ve been charged with petty theft doesn’t mean you’ll automatically be convicted. Several legal defenses may apply to your case, depending on the circumstances:

  • Lack of intent: In order to be convicted of petty theft, the prosecution must prove that you intended to take the property without the owner's consent. If there’s evidence that you mistakenly took the item or believed you had the right to it, this could serve as a defense.

  • Consent: If the property owner gave you permission to take or use the item, you could argue that no theft occurred.

  • Mistaken identity: Theft charges often rely on eyewitness testimony or surveillance footage, which can sometimes be inaccurate. If there’s a case of mistaken identity, this defense could help you avoid a conviction.

  • Entrapment: If law enforcement persuaded or coerced you into committing the theft, entrapment might be a valid defense in your case.

Each case is different, and it’s crucial to have a strong defense strategy that fits the specific facts of your situation.

Long-Term Consequences of a Petty Theft Conviction

A petty theft conviction can affect more than just your immediate freedom. Here are some of the long-term consequences that come with a conviction:

  • Criminal Record: A theft conviction can remain on your record permanently, making it difficult to find employment, secure housing, or apply for educational opportunities.

  • Impact on Professional Licenses: If you hold a professional license, such as in healthcare or finance, a theft conviction could lead to disciplinary action from your licensing board.

  • Loss of Civil Rights: Although a misdemeanor doesn’t typically result in the loss of voting rights or the right to own firearms, a felony conviction from repeat petty theft offenses could strip you of these rights.

Avoiding a Conviction: Diversion Programs

If you’re a first-time offender, you may be eligible for a diversion program, which allows you to avoid a criminal conviction altogether. In many counties throughout Florida, these programs provide an opportunity for individuals charged with petty theft to complete community service, attend theft prevention classes, and pay restitution. Upon successful completion, the charges may be dismissed, and you can avoid having a theft conviction on your record.

Your eligibility for diversion will depend on several factors, including the value of the stolen property and whether you have any prior criminal history.

Expungement and Sealing of Records

If you’ve been arrested for petty theft but the charges were dropped or you completed a diversion program, you may be eligible to have your arrest record sealed or expunged. This process essentially erases the record of your arrest from public view, making it easier to move forward without the stigma of a criminal charge hanging over you.

When Should You Contact a Lawyer?

If you’ve been charged with petty theft, contacting an experienced Florida criminal defense lawyer should be your first step. Petty theft charges can carry serious consequences, and having a knowledgeable attorney by your side can make all the difference in the outcome of your case. Your lawyer can help evaluate the strength of the prosecution’s evidence, negotiate plea deals, and ensure that your rights are protected throughout the legal process.

FAQs About Petty Theft in Florida

What qualifies as petty theft in Florida?
Petty theft in Florida occurs when someone unlawfully takes property valued at less than $750. This can include shoplifting, taking an item from someone's home, or any other theft-related offense where the value falls below the $750 threshold.

What is the difference between petty theft and grand theft?
The main difference between petty theft and grand theft is the value of the stolen property. Petty theft involves property worth less than $750, while grand theft involves property valued at $750 or more. Grand theft is treated as a felony, with much more severe penalties than petty theft.

Can a petty theft charge be dismissed?
Yes, petty theft charges can be dismissed, especially if you’re a first-time offender. You may be eligible for a diversion program that, if successfully completed, can result in your charges being dropped. A defense attorney can also challenge the evidence in your case, potentially leading to a dismissal.

What should I do if I’m accused of petty theft?
If you’ve been accused of petty theft, the first thing you should do is remain calm and avoid making any statements to law enforcement without a lawyer present. Contact a criminal defense attorney as soon as possible. Your lawyer will guide you through the process and help you build a defense.

How can petty theft affect my future?
A petty theft conviction can lead to fines, jail time, probation, and a permanent criminal record. Having a theft conviction on your record can make it harder to find a job, rent an apartment, or qualify for certain professional licenses. It’s important to take these charges seriously and seek legal help.

Is it possible to get a petty theft conviction expunged in Florida?
Yes, it’s possible to get your record sealed or expunged if you meet certain criteria. If your case was dismissed or you successfully completed a diversion program, you may be eligible for expungement. However, if you were convicted, expungement may not be an option.

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.