Understanding Florida’s Petty Theft Laws And How A Florida Petty Theft Defense Attorney Can Protect Your Record

Understanding what petty theft means in Florida

As a Florida Petty Theft Defense Attorney, I often meet clients who are surprised to learn that even taking something as small as a phone charger or a bottle of perfume can lead to an arrest and criminal record. Florida law does not treat theft as a minor oversight, and a conviction can affect your future employment, college admission, or professional license.

Under Florida Statute §812.014, theft is defined as knowingly obtaining or using, or trying to obtain or use, another person’s property with the intent to temporarily or permanently deprive the owner of their right to it or any benefit from it. This law applies to everything from shoplifting to keeping property you know belongs to someone else.

Petty theft—sometimes called “petit theft”—refers to situations where the value of the property is relatively low, but the impact of a conviction can still be significant. Understanding how the law classifies theft and what options exist to defend yourself can make all the difference.

What Florida Statute §812.014 says about petty theft

Here’s the key language from the statute:

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 §812.014(3)(c):
“A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree.”

This means that even a small theft can result in a criminal record, and repeated offenses can lead to harsher penalties.

The difference between petty theft and grand theft

The dividing line between petty theft and grand theft is $750. Anything under that amount generally qualifies as petty theft, while $750 or more can lead to felony grand theft charges. However, certain items automatically elevate the charge regardless of value, such as firearms, motor vehicles, or law enforcement equipment.

While petty theft is a misdemeanor, a conviction still carries lasting consequences. A first-degree misdemeanor can result in up to one year in jail, one year of probation, and a fine of up to $1,000. A second-degree misdemeanor can lead to up to 60 days in jail and a $500 fine.

A theft conviction is considered a “crime of dishonesty,” which can damage your reputation and make future employers hesitant to hire you. That is why having an experienced defense lawyer is so critical.

Real-life case example

A few years ago, I represented a young woman from St. Petersburg who was arrested for petty theft after a store security guard accused her of stealing a pair of sunglasses worth about $80. She had never been in trouble before and was terrified that a conviction would prevent her from getting her real estate license.

When I reviewed the surveillance video, it showed she was distracted on her phone while placing the sunglasses on her head and walking to another section of the store. She never concealed them, and her behavior was inconsistent with theft. I contacted the prosecutor early, provided the footage, and emphasized her clean record and intent to pay. The State agreed to a pretrial diversion program.

She completed a short course and community service, and her case was dismissed. Later, we petitioned for expungement, completely removing it from her record. Without legal representation, she might have accepted a plea that would have haunted her career for years.

Why intent matters in petty theft cases

Theft charges hinge on intent. The State must prove beyond a reasonable doubt that you intended to deprive someone of their property. Forgetting to pay, mistakenly leaving with an item, or believing the property was yours are all scenarios that can create reasonable doubt.

For example, in many retail theft cases, people are accused after failing to scan an item at self-checkout. Surveillance footage, receipt data, and witness statements often show that the act was accidental. A private attorney can review every second of video and challenge assumptions made by store security or law enforcement.

Intent is one of the strongest defense points in theft cases, and successfully challenging it can lead to reduced charges or dismissal.

Common penalties for petty theft in Florida

Depending on the degree, penalties for petty theft include:

  • Second-degree misdemeanor (property valued under $100): Up to 60 days in jail, six months of probation, and a $500 fine.

  • First-degree misdemeanor (property valued between $100 and $749): Up to one year in jail, one year of probation, and a $1,000 fine.

  • Driver’s license suspension: Under §812.0155, a theft conviction can lead to a suspension of your driver’s license for up to six months for a first offense, and one year for subsequent offenses.

Even if jail time is avoided, a conviction on your record can have lifelong effects. Employers and landlords often run background checks that reveal misdemeanor theft convictions. Expungement or sealing may be possible only if the case is dismissed or adjudication is withheld.

Related Florida statutes

A few other statutes can come into play depending on the circumstances:

  • §812.015 – Retail theft or shoplifting, including the use of anti-theft countermeasures.

  • §775.084 – Enhanced penalties for habitual misdemeanor offenders.

  • §943.0585 – Record expungement statute.

Each case has its own set of facts, and part of my job is determining which of these statutes might apply and how to use them to your advantage in negotiations or at trial.

Common defenses raised by a Florida Petty Theft Defense Attorney

When defending petty theft cases, I focus on identifying weaknesses in the prosecution’s evidence. Some of the most effective defenses include:

  • Lack of intent: Forgetting to pay or accidentally walking out with an item is not theft.

  • Mistaken identity: You were misidentified by a witness or in surveillance footage.

  • Ownership or consent: You believed you had permission to use or borrow the item.

  • Insufficient evidence: The value of the property is uncertain or the State lacks clear proof.

  • Violation of rights: Illegal search, seizure, or failure to give Miranda warnings.

Each defense depends on careful analysis of the facts. I often review store footage frame by frame, interview witnesses, and request dismissal when probable cause is weak. Many cases that appear unwinnable can result in dropped charges once the evidence is challenged correctly.

Why hiring a private attorney makes a difference

Public defenders in Florida work extremely hard but are limited by large caseloads. A private Florida Petty Theft Defense Attorney can dedicate the necessary time to examine every piece of evidence, negotiate directly with prosecutors, and explore alternatives such as:

  • Pretrial diversion programs that result in dismissal

  • Withhold of adjudication, avoiding a formal conviction

  • Civil compromise, where restitution leads to case closure

  • Expungement or sealing of your record after completion

Hiring a private defense attorney means your case receives the individual attention it deserves. It also ensures that every opportunity to avoid a permanent record is fully explored.

The collateral consequences of a petty theft conviction

Even though petty theft is a misdemeanor, its effects reach far beyond the courtroom. A conviction can lead to:

  • Denial of job opportunities

  • Loss of scholarships or financial aid

  • Difficulty obtaining professional licenses

  • Immigration consequences for non-citizens

  • Damage to personal reputation

For many of my clients, avoiding a criminal record is more important than avoiding jail time. That’s why I focus on dismissal, reduction, or diversion whenever possible.

Why early legal representation is essential

If you have been arrested or received a notice to appear for petty theft, do not wait until your first court date. Early involvement by a private attorney can make a huge difference. Acting quickly allows me to:

  • Request evidence before it’s lost or destroyed

  • Review surveillance footage before the store overwrites it

  • Contact the prosecutor to argue for dismissal or diversion

  • Address restitution before formal charges are filed

Every day matters in building your defense, and early representation often prevents charges from escalating.

Real-world benefits of legal strategy

In another case I handled in Orlando, a man was charged with petty theft for allegedly stealing construction materials from a job site. The property owner accused him of taking leftover lumber. I investigated and found that the client had paid cash to a subcontractor who had authority to sell scrap materials. The State dropped the charges once we provided documentation and a written statement from the subcontractor.

This case showed that persistence, communication, and evidence review can completely change the outcome.

FAQs – Florida Petty Theft Defense Attorney

What qualifies as petty theft under Florida law?
Petty theft, or petit theft, occurs when someone takes property valued under $750 with intent to temporarily or permanently deprive the owner of it. The charge can be first-degree or second-degree depending on value and prior theft history.

Is petty theft a misdemeanor or felony?
Petty theft is a misdemeanor. Property valued under $100 is second-degree, while $100–$749 is first-degree. However, prior theft convictions can elevate penalties, and property valued at $750 or more becomes grand theft, which is a felony.

Can I go to jail for petty theft?
Yes, jail time is possible, especially for repeat offenders or if aggravating circumstances exist. A first-degree misdemeanor can carry up to a year in jail, but an experienced attorney can often negotiate alternatives like probation or diversion.

Will petty theft appear on my record?
Yes, any conviction or plea will appear in background checks. However, if your case is dismissed or you receive a withhold of adjudication, your attorney can help you seal or expunge your record.

Can a petty theft charge be dropped?
Yes, many petty theft charges are dismissed when evidence is weak or when the defendant completes a diversion program. Prosecutors often agree to dismissal in cases involving first-time offenders who pay restitution and complete community service.

Does intent matter in a petty theft case?
Absolutely. The State must prove that you intended to steal. Forgetfulness, mistake, or confusion can all create reasonable doubt. Lack of intent is one of the strongest defenses available.

Can I be charged if I didn’t leave the store?
Yes, Florida law allows charges even if you’re detained before exiting, if there’s evidence of concealment or intent not to pay. However, these cases can often be challenged because intent isn’t always clear.

How can a Florida Petty Theft Defense Attorney help?
An attorney can analyze the evidence, negotiate with prosecutors, challenge probable cause, and seek alternatives like diversion or dismissal. Having a dedicated defense lawyer increases your chance of protecting your record and avoiding harsh penalties.

Call Musca Law for a free consultation with our Florida Petty 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 individuals charged with theft and related offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation. With more than 35 offices across Florida—including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle—our firm is ready to protect your rights, your reputation, and your future.

If you have been accused of petty theft, don’t face it alone. Let us fight to keep your record clean and safeguard your future.