Why Hiring a Florida Petit Theft Defense Attorney Can Protect Your Future and Keep Your Record Clean
Understanding Petit Theft Charges in Florida
As a Florida Petit Theft Defense Attorney, I often represent people who have never been in trouble before. Many clients are shocked to learn that a single mistake, such as shoplifting a small item or accidentally leaving a store without paying for something, can lead to criminal prosecution. Under Florida law, even a minor theft charge can carry lasting consequences that can affect your job, education, and reputation.
Under Florida Statute §812.014, theft is defined as:
“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or 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, or to appropriate the property to his or her own use or to the use of any person not entitled to it.”
For first-time offenders, the most common charge is Petit Theft in the Second Degree, which usually involves property valued under $100. If the value is between $100 and $750, it becomes Petit Theft in the First Degree, which carries more serious penalties.
Even though these are classified as misdemeanors, they are considered crimes of dishonesty, meaning they can permanently appear on your criminal record and affect background checks for employment, housing, or professional licensing.
This is why having a private defense attorney can make a major difference in protecting your future.
Penalties for Petit Theft in Florida
The penalties for Petit Theft depend on the value of the property and the number of prior offenses. Under Florida Statute §812.014(3):
- Petit Theft of the Second Degree (property under $100) is a second-degree misdemeanor, punishable by up to 60 days in jail, 6 months of probation, and a $500 fine.
- Petit Theft of the First Degree (property valued between $100 and $750) is a first-degree misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.
If you have a prior theft conviction, the charge can be elevated to a felony, regardless of the amount stolen.
Even if you do not face jail time, a conviction can lead to driver’s license suspension, loss of certain employment opportunities, and long-term embarrassment.
As your defense attorney, my job is to keep this charge off your record entirely whenever possible, using every available defense strategy and legal tool.
Defenses That May Apply to Petit Theft Charges
Defending a Petit Theft case in Florida requires understanding both the evidence and the prosecutor’s strategy. Every case is unique, and small differences in facts can determine whether the charge is dismissed or results in a conviction.
Common defenses I have successfully used include:
- Lack of Intent: The prosecution must prove beyond a reasonable doubt that you intended to steal. If the item was left in your possession by mistake or if you forgot to scan something at a self-checkout, that can negate intent.
- Mistaken Identity: In busy stores, surveillance footage is often unclear, and mistaken identification happens more often than people realize.
- Ownership or Right to Possession: If you believed you had permission to take or use the property, that can form a valid defense.
- Constitutional Violations: If you were stopped, searched, or detained illegally, any evidence collected may be thrown out.
- Lack of Evidence: Many theft cases rely on circumstantial evidence or unreliable witness statements.
By carefully reviewing every detail, including store footage, witness reports, and police records, a private defense attorney can often find the weaknesses that lead to reduced charges or dismissal.
The Real Cost of a Petit Theft Conviction
Most people underestimate how damaging a petit theft conviction can be. Even though it may seem minor compared to a felony, the long-term consequences can be severe.
Employers, licensing boards, and schools often see theft as a sign of dishonesty. A single conviction can disqualify you from careers that require background checks, such as nursing, teaching, real estate, or law enforcement.
Under Florida law, theft offenses are not eligible for sealing or expungement if you are adjudicated guilty. That means once convicted, it stays on your record for life.
However, there are options. With the right legal strategy, I can often negotiate for a diversion program, withholding of adjudication, or dismissal. These options protect your record and keep you eligible for sealing or expungement in the future.
Real Case Example: How I Helped a Client Avoid a Permanent Record
A college student in Tampa was arrested for allegedly stealing a $45 pair of headphones from a retail store. She was a first-time offender and had never even received a traffic ticket. She was terrified that a criminal record would ruin her nursing career.
After reviewing the surveillance video, I discovered that another customer had accidentally placed the headphones in her shopping bag while standing near the counter. I presented this evidence and demonstrated that my client had no intent to steal.
The prosecutor agreed to dismiss the charge after my client completed a brief theft prevention course. Her record remained clean, and she was later accepted into her nursing program.
This case highlights why early intervention and private representation make all the difference. Without a defense attorney, she might have accepted a plea deal that would have left a permanent mark on her record.
Why You Need a Private Defense Attorney
Public defenders work hard but are often overloaded with cases. When your career, reputation, and record are on the line, you need personal attention and immediate action.
As a Florida Petit Theft Defense Attorney, I build your defense from the first moment we meet. That includes:
- Investigating surveillance footage and witness statements
- Negotiating with prosecutors for dismissal or diversion
- Preparing mitigation evidence, such as restitution or counseling
- Filing motions to suppress illegally obtained evidence
Most importantly, I treat every client with respect and understand the stress that comes with being accused of theft. My goal is always to protect your future, not just win your case.
Florida Statutes That May Impact Your Case
In addition to §812.014, several other Florida statutes can influence your case and sentencing:
- §775.082 – Defines the penalties for misdemeanors and felonies, including jail terms and probation lengths.
- §775.083 – Covers fines and court costs that can accompany a theft conviction.
- §948.08(6)(a) – Allows certain first-time offenders to participate in pretrial intervention programs as an alternative to prosecution. Successful completion usually results in dismissal.
These statutes form the foundation for how petit theft cases are prosecuted and how your attorney can negotiate for a favorable outcome.
The Importance of Timing and Early Action
If you have just been arrested or received a notice to appear for petit theft, the most important thing you can do is act quickly. Prosecutors often review cases before the arraignment, and this is when a skilled defense attorney can intervene to prevent charges from being formally filed.
Waiting too long can close doors that might have led to a dismissal. As your lawyer, I immediately request all discovery materials, review the probable cause affidavit, and open communication with the State Attorney’s Office to present your side of the story.
Early involvement can make the difference between a clean record and a lasting criminal mark.
Expungement and Record Sealing Options
If your case is dismissed, or if the court withholds adjudication, you may be eligible to seal or expunge your record under Florida Statute §943.0585. This process can permanently remove the arrest record from public view.
However, if you are adjudicated guilty, even for a misdemeanor, you lose that right forever. This is why it is critical to avoid any guilty plea without first consulting a defense attorney who understands how these outcomes affect your record.
I help clients apply for sealing or expungement once their cases are resolved favorably, ensuring that the mistake never appears in background checks again.
Avoiding a Permanent Record Through Diversion
Many Florida counties, including Miami-Dade, Hillsborough, and Orange, offer Pretrial Diversion Programs for first-time theft offenders. These programs may require restitution, community service, and a theft prevention course.
After successful completion, the State Attorney dismisses the charges. This allows you to move forward without a conviction.
A private attorney can evaluate your eligibility, negotiate your entry into the program, and ensure that all conditions are satisfied properly.
Why a Petit Theft Arrest Should Never Be Ignored
Some people think a petit theft charge will “go away” or that pleading guilty is easier than hiring an attorney. That is a serious mistake.
A conviction can:
- Prevent you from obtaining professional licenses
- Disqualify you from scholarships or financial aid
- Result in driver’s license suspension
- Lead to harsher penalties for any future arrests
Even if you think the case is minor, treat it as seriously as any other criminal matter. A private defense attorney can often protect you from these lifelong consequences.
How Musca Law Can Help
At Musca Law, we understand that good people sometimes make bad decisions or find themselves in difficult situations. We represent clients across all 67 counties in Florida and have helped countless individuals keep their records clean after petit theft charges.
Our attorneys fight to secure dismissals, reduced charges, or diversion whenever possible. We treat every case as if your future depends on it, because it does.
FAQs About First-Time Petit Theft Charges
What happens after a first-time petit theft arrest in Florida?
If you are arrested or receive a notice to appear for petit theft, your case begins in county court. The prosecutor will review the evidence and decide whether to file formal charges. An attorney can often intervene early to present your side and request that the case be dropped or diverted before charges are filed.
Can a petit theft case be dismissed?
Yes. Many cases are dismissed due to lack of evidence, unclear intent, or mistaken identity. In other cases, your attorney may negotiate dismissal through a diversion program. Every case depends on the specific facts and how quickly you obtain representation.
Can I seal or expunge my record after petit theft?
If you are found guilty or adjudicated guilty, you cannot seal or expunge the record. However, if your case is dismissed or the court withholds adjudication, you may qualify for expungement under §943.0585.
Will this affect my job or background check?
Yes, even a misdemeanor theft charge shows up in background checks and can hurt your chances at employment, licensing, or housing. Employers often see theft as a matter of trust. That’s why avoiding a conviction is essential.
Can a Florida Petit Theft Defense Attorney get my charges reduced?
In many cases, yes. Your lawyer can negotiate with the prosecutor to reduce petit theft to a civil infraction or seek entry into a diversion program that results in dismissal.
What should I do right after being accused of shoplifting?
Do not speak to store employees, security, or police without an attorney present. Anything you say can be used against you. Contact a lawyer immediately so they can begin protecting your rights before the case moves forward.
How long does a petit theft case take?
Most cases resolve within 60 to 90 days, but some take longer depending on court scheduling and negotiations. With a skilled defense attorney, you may never have to appear in court if the case is dismissed early.
Will a petit theft charge show up in another state?
Yes. Criminal records are shared through national databases. Even if you move, a conviction or open case in Florida can appear in other states’ background checks.
Call a Florida Petit Theft Defense Attorney Today
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 criminal or traffic offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation. Our firm has over 35 offices throughout Florida, serving clients in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
Your reputation, career, and freedom deserve nothing less than a strong defense. Let us protect your record and fight for your future.