Our experienced Florida Petit Theft Defense Attorney Explains How Even a Minor Theft Charge Can Have Serious Consequences
Understanding Petit Theft Under Florida Law
As a Florida Petit Theft Defense Attorney, I often meet people who are shocked to learn how quickly a misunderstanding or a lapse in judgment can turn into a criminal charge. Under Florida law, even the smallest theft accusation can lead to jail time, fines, probation, and a permanent criminal record. What might seem like a minor shoplifting or property dispute can spiral into a lifelong problem if not handled correctly from the start.
Under Florida Statute §812.014, theft is defined broadly to include knowingly obtaining, using, or attempting to obtain or use another person’s property with the intent to deprive that person of its use or benefit, either temporarily or permanently.
Here is the key portion of Florida Statute §812.014(1):
“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:
(a) Deprive the other person of a right to the property or a benefit from the property, or
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”
This definition covers everything from taking an item off a store shelf to using someone’s credit card without permission. Even small-dollar items can lead to arrest, which is why early representation is crucial.
How Florida Classifies Petit Theft
The law divides theft offenses based on the value of the property. Under §812.014(2) and (3), theft becomes “petit theft” when the total value of the property stolen is less than $750.
- Petit Theft of the Second Degree:
- If the value is less than $100, the offense is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
- Petit Theft of the First Degree:
- If the value is $100 or more but less than $750, it becomes a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
In either case, the judge may also order restitution, community service, and even suspend your driver’s license under Florida Statute §812.0155, which allows suspension for theft convictions.
These penalties might seem minor at first glance, but any theft conviction is considered a crime of dishonesty, meaning it can permanently damage your credibility in background checks, employment applications, and professional licensing.
Why a Petit Theft Conviction Is More Serious Than It Appears
A petit theft charge carries hidden consequences beyond fines and jail. Employers, landlords, and licensing boards often treat theft as a reflection of moral character. For someone working in healthcare, education, finance, or government, a single conviction can lead to termination or disqualification from employment.
Even if you avoid jail time, the long-term impact on your record can be devastating. That is why you need a private attorney focused on protecting your name, your license, and your future. My goal is not only to handle the court proceedings but to keep your record clean whenever possible through diversion, dismissal, or reduction to a non-theft offense.
Defenses Against Petit Theft Charges
When I take a petit theft case, I analyze every detail—how the alleged theft occurred, what evidence was collected, and whether the prosecution can actually prove intent. Common defenses include:
1. Lack of Intent:
Many theft accusations arise from misunderstandings. A shopper may have forgotten to pay for an item, or a friend may have believed they had permission to borrow property. Since intent is required, proving the absence of intent can lead to dismissal.
2. Mistaken Identity:
Retail environments often rely on surveillance video that is unclear or misleading. If the person in the footage cannot be positively identified, that uncertainty can dismantle the state’s case.
3. Ownership or Right to Possession:
If you believed you had a right to the property, such as an ownership dispute or joint property situation, it may negate the intent to steal.
4. Illegal Search or Seizure:
If police or store security violated your Fourth Amendment rights by detaining or searching you unlawfully, any evidence obtained can be suppressed.
5. Entrapment or Improper Conduct by Store Personnel:
Aggressive loss prevention tactics sometimes lead to false accusations or coerced admissions. A seasoned defense attorney can expose these tactics and challenge their legality.
Each defense strategy must be tailored to the facts. I have handled numerous cases where a strong challenge to intent or identification resulted in dropped charges.
Real Case Example: How One Petit Theft Case Was Won
A recent client, a college student in Tampa, was accused of stealing $120 worth of cosmetics from a retail store. She had no prior record and maintained she had simply forgotten to pay after placing the items in her bag while using her phone.
After reviewing surveillance video, I noticed the footage did not show her leaving the store before being stopped. Under Florida Statute §812.014, theft requires a clear act of deprivation or attempted deprivation. I presented this to the prosecutor along with evidence of her spotless record and academic standing.
The result: the charge was dismissed after she completed a brief theft-awareness class. Her record was later expunged. This case shows how a thoughtful and aggressive defense can make the difference between a permanent criminal record and a second chance.
Why You Need a Private Attorney
Public defenders work hard, but they handle dozens of cases every day. A private attorney has the time and flexibility to focus entirely on your outcome. I review every piece of evidence, speak with witnesses, and negotiate directly with prosecutors for alternative resolutions.
In petit theft cases, early intervention can lead to pretrial diversion, where charges are dismissed after completing community service or restitution. Without private representation, these options might not be presented or pursued.
Having your own attorney also helps manage collateral consequences such as driver’s license suspension, employment concerns, and background check issues.
Florida Statute §812.014 Explained In Full
Here is the relevant statutory language regarding theft offenses:
Florida Statute §812.014(2)-(3):
(2) Theft of property valued at $750 or more, but less than $20,000, or certain specified items, constitutes grand theft in the third degree, a felony of the third degree.
(3) Theft of property valued at less than $750, and not otherwise specified in subsection (2), constitutes petit theft:
(a) If the property is valued at less than $100, it is petit theft of the second degree and a misdemeanor of the second degree.
(b) If the property is valued at $100 or more but less than $750, it is petit theft of the first degree and a misdemeanor of the first degree.
This statute forms the basis for every theft charge in Florida. Understanding it fully helps identify weaknesses in the prosecution’s case and opportunities for reduction or dismissal.
Other Relevant Florida Statutes
Several other statutes can affect a petit theft case, depending on the circumstances:
- §812.0155: Authorizes driver’s license suspension after theft convictions.
- §775.083: Governs fines imposed for misdemeanors.
- §775.082: Defines maximum jail sentences.
- §943.0585: Outlines eligibility for expungement after dismissal or completion of diversion.
An experienced attorney understands how these statutes intersect and can craft a defense that protects your record from long-term damage.
The Importance of Fighting The Charge Early
Petit theft cases move quickly through Florida’s county courts. Prosecutors often rely on store loss prevention reports and brief video clips, assuming defendants will plead guilty to avoid hassle. That is a mistake. Once convicted, expungement is no longer possible.
A private attorney can file early motions, demand evidence, and negotiate favorable outcomes such as:
- Dismissal after restitution
- Reduction to a non-theft charge, like disorderly conduct
- Deferred prosecution or pretrial diversion
Each of these avoids a theft conviction and preserves your future opportunities.
Protecting Your Record and Reputation
Even if the value of the item is small, the stigma of a theft conviction can follow you for life. It can affect scholarships, military eligibility, security clearances, and professional licensing. Many licensing boards view theft as evidence of moral turpitude, making early dismissal or reduction essential.
I often tell clients that protecting their record is not just about avoiding jail; it is about protecting every opportunity that comes after this moment. With the right legal strategy, your record can remain clean, and your reputation intact.
Working With an Experienced Florida Petit Theft Defense Attorney
Every petit theft case has a story behind it, and my job is to make sure your story is heard. I investigate the facts, challenge the evidence, and negotiate from a position of strength. Prosecutors know when they are facing a prepared attorney, and that often leads to better resolutions before trial.
Florida Petit Theft FAQs
What qualifies as petit theft under Florida law?
Petit theft applies when the value of the property is less than $750. The exact degree depends on whether it is under or over $100. The offense becomes more serious if you have prior theft convictions, as repeat offenders can face felony enhancement under §812.014(3)(c).
Can a petit theft charge be dropped or dismissed?
Yes, dismissal is possible through pretrial diversion, insufficient evidence, or lack of intent. An attorney can often negotiate a dismissal if restitution is paid and the offense is minor or first-time. Without representation, these opportunities are easy to miss.
Will a petit theft conviction stay on my record forever?
Unless dismissed or expunged, yes. Misdemeanor theft convictions remain part of your permanent record and appear on all background checks. That is why it is vital to work toward dismissal or reduction.
How does petit theft affect professional licenses or jobs?
Because theft is a crime of dishonesty, employers and boards see it as a character issue. Nurses, teachers, and government employees can face discipline or termination. Early legal representation can often prevent a conviction entirely.
Can I be charged even if I didn’t leave the store?
Yes, attempting to conceal or move merchandise with the intent to deprive the store of payment may be enough for a charge. However, intent must still be proven, and an attorney can argue you had no intent to steal.
What are possible penalties for petit theft?
Penalties range from 60 days to one year in jail, fines up to $1,000, probation, restitution, and license suspension. Judges also consider prior history and cooperation. Strong legal advocacy often results in reduced or alternative sentences.
How can a lawyer fight my petit theft charge?
A defense lawyer examines how the arrest occurred, whether your rights were violated, and whether the evidence is sufficient. We challenge identification, intent, and procedural errors. Skilled negotiation can result in dismissal, diversion, or lesser charges.
Can my petit theft charge be expunged?
If your case is dismissed or you complete diversion successfully, you can apply to have the record expunged under §943.0585. This process is complex, but an attorney can handle it for you.
What if I already have a prior theft conviction?
Repeat theft offenses can be upgraded to a felony, even if the value is low. An experienced attorney can negotiate with prosecutors to avoid felony enhancement through alternative resolutions.
Should I plead guilty to petit theft?
No, not before consulting a lawyer. A guilty plea creates a permanent record and can affect your future employment, education, and licensing. A private attorney can often secure outcomes that keep your record clean.
Call Musca Law Today – Florida Petit Theft Defense Attorney
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
At Musca Law, P.A., we fight aggressively to protect your rights, your record, and your reputation. A petit theft arrest does not have to define your future. Our firm has over 35 office locations across Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
We are available day and night to help you secure the best possible outcome. Call 1-888-484-5057 for a free consultation with a Florida Petit Theft Defense Attorney who will fight to keep your record clean and protect your future.