A Florida Petit Theft Defense Attorney explains your rights, defenses, and how an experienced lawyer can help you avoid a conviction.
Understanding Petit Theft Charges In Florida
As a Florida Petit Theft Defense Attorney, I have represented many people who never imagined they would be sitting in a courtroom over something that seemed minor. A moment of bad judgment, a misunderstanding at a store, or a false accusation can lead to a criminal record that follows you for life.
Petit theft is one of the most common criminal charges in Florida, and while it may sound minor, the consequences are anything but small. The statute that defines petit theft is Florida Statute §812.014, which states:
“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or a benefit from the property.”
Petit theft is generally divided into two levels depending on the value of the alleged property taken.
- Petit Theft of the Second Degree (§812.014(3)(a)) applies when the value of the property is less than $100. This is a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a $500 fine.
- Petit Theft of the First Degree (§812.014(2)(e)) applies when the value of the property is $100 or more but less than $750, punishable by up to one year in jail, one year of probation, and a $1,000 fine.
If the accused has a prior theft conviction, the new charge may be enhanced to a first-degree misdemeanor or even a felony under §812.014(3)(c).
Even one conviction can create lasting damage. Employers, licensing boards, and schools often see a theft conviction as a “crime of dishonesty,” which can make it difficult to obtain employment, maintain a professional license, or secure housing. That is why the question of whether a petit theft charge can be dropped or dismissed is so critical.
Can A Florida Petit Theft Charge Be Dropped Or Dismissed?
Yes, it can, but it requires a thorough and strategic defense. The State Attorney’s Office controls whether to file formal charges, but with early legal intervention, your attorney can present mitigating evidence, request diversion programs, or demonstrate factual or legal weaknesses in the case.
As a Florida Petit Theft Defense Attorney, one of my primary objectives is to prevent formal charges from being filed or to secure a dismissal after filing. Prosecutors often have heavy caseloads, and if your lawyer provides documentation that the case lacks probable cause, that there was no intent to steal, or that restitution has been made, the State may choose to drop the case.
Another avenue for dismissal is pretrial diversion. Many first-time offenders qualify for this program, which allows for case dismissal upon successful completion of conditions such as community service, restitution, or theft prevention courses. Once completed, you may be eligible to seal or expunge your record, keeping the arrest off public view.
Without an attorney, defendants often miss the opportunity for diversion or dismissal because they do not know when or how to request it. A private defense attorney can negotiate directly with prosecutors and advocate for your eligibility before formal charges proceed.
The Importance Of Intent In Petit Theft Cases
Under §812.014, theft requires intent to deprive another person of property. That means the prosecution must prove you intended to take or use property without consent. Innocent mistakes happen every day—forgetting to scan an item in a self-checkout lane, carrying an item out of a store by accident, or returning to pay after realizing an oversight.
If intent cannot be proven beyond a reasonable doubt, the case must be dismissed. As your attorney, I examine surveillance footage, witness statements, and store reports to find inconsistencies that can raise reasonable doubt.
A private attorney also investigates whether the alleged loss amount was correctly calculated. Sometimes, security officers or loss prevention employees make errors in item valuation or identification. Challenging these details can make the difference between conviction and dismissal.
Relevant Statutes That May Influence Your Case
In addition to §812.014, several other Florida statutes can affect how a petit theft charge is handled:
- §812.015(6) (Retail Theft): Enhances penalties if tools or devices were used to remove security tags or defeat sensors.
- §775.084 (Habitual Offender Law): Allows enhanced sentencing for repeat offenders.
- §948.08(6)(a) (Pretrial Intervention Program): Permits eligible defendants to avoid prosecution through supervised completion of program requirements.
Understanding how these laws interact is essential when arguing for dismissal or reduction. For example, if you are accused of shoplifting but had no theft detection device or prior record, I can argue that you qualify for intervention or lesser penalties.
Common Defenses To Florida Petit Theft Charges
Every case has its own facts, but several defenses frequently apply:
Lack of Intent: If you did not intend to permanently deprive the owner of property, the act may not meet the statutory definition of theft.
Mistaken Identity: Surveillance or eyewitness evidence may be unclear, leading to wrongful identification.
Ownership or Possession Dispute: If you believed the property was yours or had permission to use it, this can defeat the intent element.
Lack of Probable Cause: If law enforcement arrested you without sufficient evidence, your attorney can file a motion to suppress evidence or dismiss the case.
Constitutional Violations: Improper searches, illegal detentions, or failure to read Miranda rights can lead to suppression of key evidence.
Each of these defenses requires skillful presentation. I build these defenses by reviewing discovery materials, examining store policies, and interviewing witnesses under oath.
Real Case Example: Dismissed Theft Charge In Orlando
A client came to me after being arrested at a retail store in Orlando. She had been accused of concealing $220 worth of merchandise in her purse. She was a nursing student with no prior record, and a conviction could have destroyed her career.
After obtaining surveillance footage, I noticed the store’s video did not clearly show her concealing items. She had placed several cosmetics in her purse while speaking on the phone, but later walked to the register before being detained by loss prevention staff. We also learned the items were incorrectly valued, reducing the alleged amount to $98, which would have made the case a lower degree misdemeanor.
I presented this information to the prosecutor and emphasized her clean record, cooperation, and willingness to make restitution. The State agreed to place her in a pretrial diversion program. Three months later, her case was dismissed, and she was later eligible to expunge the record.
That case demonstrates why immediate legal intervention matters. Without proper representation, she may have pled guilty to avoid jail, unaware of how much harm that would have done to her future.
Why Hiring A Private Attorney Matters
A private attorney has time and resources that public defenders simply do not. My job is to examine every angle, speak directly with prosecutors, and push for dismissal before your arraignment or pretrial conference.
I often work with store security personnel, obtain additional footage, and gather character references to demonstrate that the incident was a misunderstanding or isolated mistake. I also help clients complete pretrial diversion paperwork and ensure they meet every requirement so the case can be dropped.
Having private representation also prevents unnecessary court appearances, protects your employment, and preserves your reputation. Even a simple misdemeanor can affect professional licensing in healthcare, education, or finance.
Reducing Or Avoiding Penalties
If a dismissal is not possible, I can still fight for a reduction of charges or penalties. Options may include:
- Adjudication Withheld: This means no formal conviction is entered, allowing you to later seal your record.
- Restitution Agreement: Returning or paying for the item can lead prosecutors to agree to dismissal.
- Deferred Prosecution: The court postpones judgment while you complete agreed-upon conditions.
Each of these outcomes can preserve your future and prevent a permanent record.
How A Petit Theft Conviction Can Affect Your Future
Many people assume that a small theft will fade away over time, but Florida treats theft as a crime involving moral turpitude. This classification can cause long-term consequences, including:
- Difficulty obtaining or keeping professional licenses
- Denial of employment or termination from government or financial positions
- Revocation of immigration benefits for non-citizens
- Loss of eligibility for certain scholarships or federal aid
When I defend clients, I am not just protecting them from jail. I am protecting their right to build a future without the burden of a permanent criminal record.
What To Expect In Court
When you appear for arraignment, the judge will read the charge and ask for your plea. With counsel, you can often waive arraignment and begin negotiating with the State Attorney before the first hearing.
If the case proceeds, I may file motions to suppress evidence, challenge witness credibility, or question the value of the alleged stolen property. Many cases are resolved before trial through dismissals or pretrial intervention.
If the case must proceed to trial, I will present your defense with clear evidence of reasonable doubt, showing that the prosecution cannot meet its burden.
Working Toward Expungement Or Record Sealing
Once your petit theft charge is dropped or dismissed, you may be eligible to have the arrest removed from public record. Under Florida Statutes §943.0585 and §943.059, individuals whose cases are dismissed or adjudication is withheld can often seal or expunge their records, provided they have no prior disqualifying offenses.
This is one of the most valuable steps toward rebuilding your reputation. As your attorney, I assist clients with the expungement process to ensure their future background checks show no trace of the arrest.
Florida Petit Theft Charge Frequently Asked Questions
Can a petit theft charge be dropped before court in Florida?
Yes, the State Attorney has discretion to drop charges if the evidence is weak or if your attorney presents mitigating facts early. By hiring a private attorney, you give yourself the best chance to have the case reviewed before it becomes a formal prosecution. Early involvement can lead to diversion or dismissal without appearing in court.
What if I return the stolen item, will my case go away?
Returning the item can help, but it does not automatically dismiss the case. Prosecutors may still proceed because the offense occurred when the property was taken. However, restitution can show remorse and may influence the prosecutor to agree to diversion or dismissal, especially for first-time offenders.
What happens if I am convicted of petit theft in Florida?
A conviction carries possible jail time, probation, fines, and a criminal record that cannot be sealed or expunged. Repeat offenses can lead to a felony under §812.014(3)(c). An experienced Florida Petit Theft Defense Attorney can fight to prevent conviction and preserve your eligibility for record sealing.
Can I get a petit theft record expunged after dismissal?
Yes. If the case is dismissed or dropped, you can apply for expungement under §943.0585. This removes the arrest and charge from public view, protecting your background checks for jobs, licenses, and housing.
What if the store refuses to drop the charges?
The decision to prosecute lies with the State Attorney, not the store. However, if your lawyer negotiates restitution or provides evidence of misunderstanding, the store’s cooperation may help convince the State to dismiss.
Will a petit theft charge affect my professional license?
Yes, theft is viewed as a crime of dishonesty and may lead to disciplinary action by professional boards. Early dismissal or reduction to a non-theft offense can protect your license and career.
How long will a petit theft case stay on my record if I do nothing?
If you plead guilty or are found guilty, it stays on your record permanently. Florida does not allow expungement of convictions, which is why aggressive defense and dismissal are essential.
Why should I hire a private defense attorney for a petit theft case?
A private attorney can negotiate with prosecutors, request dismissal, guide you through diversion programs, and protect your record from lasting damage. Without private counsel, you risk missing opportunities for case dismissal that can only be secured through proactive legal advocacy.
Call Musca Law For A Florida Petit Theft Defense Attorney
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 with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your free consultation. We have over 35 office locations throughout the State of Florida and serve clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
If you are facing a petit theft charge, your future and reputation deserve immediate protection. Call now to discuss how we can fight for a dismissal or reduced charge and help you move forward without a criminal record.