Understanding Florida’s Petit Theft Laws And How A Florida Petty Theft Defense Attorney Can Protect Your Future
What petty theft means under Florida law
As a Florida Petty Theft Defense Attorney, I have represented countless people charged with taking property that did not belong to them, and many are shocked to learn that even a small mistake or misunderstanding can result in a criminal record. Petty theft, also called petit theft, might sound minor, but under Florida law, it carries serious penalties that can affect employment, education, and your 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 appropriate the property to his or her own use or to the use of any person not entitled to it.”
Petty theft involves the unlawful taking of property valued at less than $750. Depending on the value and your prior record, it can be charged as either a second-degree misdemeanor or a first-degree misdemeanor. If the value exceeds $750, or if certain items such as firearms or vehicles are involved, the charge becomes grand theft, a felony.
Even a simple act like leaving a store with an unpaid item, borrowing something without returning it, or taking property during a misunderstanding can lead to arrest. Many people are surprised to find themselves facing criminal charges over what began as a small or accidental act.
Florida Statute §812.014 – Petit theft classifications and penalties
Here is the relevant section of the statute that governs petty theft in Florida:
Florida Statute §812.014(3)(a):
“If the property stolen is valued at $100 or more but less than $750, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree.”
Florida Statute §812.014(3)(b):
“If the property stolen is valued at less than $100, the offender commits petit theft of the second degree, punishable as a misdemeanor of the second degree.”
Florida Statute §775.082(4):
A misdemeanor of the first degree is punishable by up to one year in jail and a $1,000 fine.
A misdemeanor of the second degree is punishable by up to 60 days in jail and a $500 fine.
What surprises many people is that even if the property is worth only a few dollars, the record of a theft conviction will follow you for life. Theft is considered a “crime of dishonesty,” which means employers, landlords, and professional boards often treat it as evidence of poor moral character.
How prior convictions can make penalties worse
If you have a prior theft conviction, the consequences become far more severe. Under §812.014(3)(c), any person with two or more previous theft convictions may face a third-degree felony, even for a low-value item. That means a possible five-year prison sentence for what began as a misdemeanor.
This enhancement often catches people off guard. Prosecutors can use any prior theft conviction, including shoplifting or petit theft from years ago, to elevate the new charge. That is why having an attorney who knows how to challenge prior convictions and negotiate with prosecutors is so important.
As your defense lawyer, I would review your entire record, check for procedural defects in earlier cases, and work to keep your new charge classified as a misdemeanor rather than a felony.
Real case example
A client once came to me after being arrested in Orlando for allegedly taking two shirts and a pair of shoes from a retail store. The total value was under $150, but she already had a prior petit theft charge from years earlier while in college. The State Attorney’s Office was considering filing a third-degree felony due to her prior conviction.
After reviewing the case, I discovered the earlier conviction had been based on a plea without proper legal advisement. I filed a motion to exclude the prior offense from enhancement consideration. The court agreed, meaning the new case remained a misdemeanor petit theft. I then negotiated a pre-trial diversion that resulted in full dismissal after she completed community service and restitution.
Because of early intervention, she avoided both a conviction and a felony record, and she has since been able to clear her record through expungement.
Why petty theft charges should be taken seriously
Some people think they can plead guilty to a petty theft charge to get it over with quickly, but that is a costly mistake. Even a misdemeanor conviction can:
- Appear permanently on background checks
- Prevent employment in positions of trust
- Lead to professional license denial or suspension
- Affect immigration status
- Bar you from certain housing opportunities
Florida law also provides for driver’s license suspension under §812.0155 for anyone convicted of theft, even if the offense had nothing to do with driving. A first conviction may lead to a six-month suspension, while a second conviction could result in a one-year suspension.
A private attorney can often intervene before a plea is entered to explore diversion programs, deferred prosecution, or withhold of adjudication options. These alternatives can keep your record clean and prevent long-term damage.
Common defenses used by a Florida Petty Theft Defense Attorney
Every theft case depends on intent and evidence. As a defense attorney, I evaluate every angle to find weaknesses in the prosecution’s case. Common defenses include:
- Lack of intent: You accidentally left the store without paying or forgot you had the item.
- Mistaken identity: Surveillance footage or witness statements may be unclear or misleading.
- Ownership dispute: You believed you had a right to the property.
- Lack of evidence: The state must prove every element beyond a reasonable doubt.
- Consent: The alleged victim gave permission to use or borrow the property.
- Improper detention: Store personnel detained you unlawfully or without cause.
- Unlawful search: Police violated your constitutional rights in obtaining evidence.
A strong defense begins with a careful review of the facts, surveillance footage, and witness statements. I often work with investigators to collect additional evidence that tells the other side of the story.
Why having a private attorney matters
Public defenders play an important role, but they are often handling dozens of cases at once. A private attorney can devote the necessary time to your defense, ensuring that nothing is overlooked. I personally meet with my clients, review every piece of evidence, and discuss how each possible outcome could affect their future.
With early involvement, I can often contact the prosecutor before formal charges are filed. Sometimes, a detailed explanation of the circumstances, character letters, and proof of restitution can convince the state not to proceed.
If the case does move forward, I prepare as though it will go to trial. That level of preparation often leads to better negotiation leverage and the possibility of reduced penalties or full dismissal.
Florida’s theft laws that may impact petty theft cases
Several other statutes interact with §812.014, including:
- §812.015 (Retail theft): Covers shoplifting and theft involving stores or merchandise.
- §812.0145 (Theft from elderly or disabled persons): Enhances penalties if the victim is a vulnerable adult.
- §775.084 (Habitual offender): Allows longer sentences for repeat offenders.
- §943.0585 (Expungement): Allows record removal under certain conditions after dismissal or withheld adjudication.
Understanding these laws is critical when negotiating with prosecutors. For example, if your case involves a retail store, §812.015 may allow the business to demand civil restitution in addition to criminal penalties. Having a defense lawyer ensures that you don’t pay more than legally required or accept unfair terms.
Alternative sentencing and dismissal options
For many first-time offenders, Florida offers diversion programs that allow completion of community service, payment of restitution, and theft awareness classes in exchange for dismissal. I frequently help clients qualify for these programs and handle the paperwork to ensure successful completion.
If a diversion program is not available, I pursue a withhold of adjudication, which prevents a formal conviction and keeps the case eligible for sealing. These alternatives are rarely offered automatically—you need a private attorney to argue for them persuasively.
Long-term effects of a theft conviction
The long-term impact of a theft conviction often exceeds the immediate punishment. Theft is a crime of dishonesty, which can:
- Prevent you from obtaining professional licenses in law, nursing, or real estate
- Disqualify you from working with children, seniors, or vulnerable adults
- Lead to disciplinary actions in schools or universities
- Affect credit, insurance, and background screenings
Many employers now use automatic systems that disqualify applicants with theft-related convictions. Clearing your record through dismissal or expungement is essential for preserving your reputation and opportunities.
Why immediate action is essential
The earlier you get legal representation, the more options are available. Surveillance footage can be lost, witnesses can forget details, and prosecutors can file enhanced charges before you even have a chance to explain.
When I am retained early, I can often contact law enforcement and the prosecutor to present mitigating facts or evidence before the case is filed. This can result in a no-file decision, meaning the case never appears on your record.
Taking quick action is the best way to protect your rights and your future.
FAQs – Florida Petty Theft Defense Attorney
What are the penalties for petty theft in Florida?
Petty theft can be charged as either a first-degree or second-degree misdemeanor. If the value of the property is less than $100, it is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine. If the value is between $100 and $749, it is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.
Can petty theft become a felony in Florida?
Yes. If you have two or more prior theft convictions, even a new petty theft charge can be enhanced to a third-degree felony punishable by up to five years in prison under §812.014(3)(c).
Will I lose my driver’s license for a petty theft conviction?
Possibly. Florida law under §812.0155 allows for suspension of your driver’s license for up to six months for a first conviction and one year for a second. Your attorney can request that the judge waive or modify this penalty.
Can a petty theft charge be dismissed?
Yes. A skilled defense lawyer can sometimes get the case dismissed by showing a lack of intent, mistaken identity, or insufficient evidence. First-time offenders may also qualify for a diversion program leading to dismissal after completion.
Is petty theft considered a crime of moral turpitude?
Yes. Theft offenses involve dishonesty and can be treated as crimes of moral turpitude. This makes it especially harmful for employment and immigration purposes.
Can I have my petty theft record sealed or expunged?
If your case is dismissed or adjudication is withheld, you may be eligible for record sealing or expungement under §943.0585. Your attorney can help you file the necessary paperwork and guide you through the process.
Why do I need a private Florida Petty Theft Defense Attorney?
A private attorney can dedicate time to analyzing the evidence, negotiating with prosecutors, and finding weaknesses in the state’s case. Early representation can mean the difference between jail time and dismissal. An attorney’s role is not just about fighting in court, but also about protecting your record, your reputation, and your future.
Call Musca Law for a free consultation with our Florida Petty Theft Defense Attorney
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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with petty theft and all other criminal offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation.
With over 35 office locations throughout Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle, we are ready to fight for you.
If you have been accused of petty theft, don’t face the system alone. The right defense can protect your rights, your record, and your future. Let us help you move forward with confidence.