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In Florida, theft crimes are divided into two broad categories: petit theft and grand theft. The difference comes down to the value of the stolen property. Petit theft is considered a misdemeanor rather than a felony, making it a less severe offense. However, a petit theft charge can still lead to fines, probation or jail time, and a criminal record, which can impact future employment and other aspects of life.
Understanding Petit Theft in Florida
Under Florida law, petty theft is typically charged when the stolen property is valued at less than $750. However, the degree of the charge depends on the exact value of the stolen goods. Even though it may seem like a minor offense compared to grand theft, courts take petit theft seriously, especially for repeat offenders.
Florida’s Legal Definition of Petit Theft
Petit theft is defined under Florida Statute 812.014. According to the law, theft occurs when someone knowingly obtains or uses another person’s property with the intent to deprive them of it, either permanently or temporarily. If the value of the stolen property is under $750, it falls under the category of petit theft.
There are two degrees of petit theft under Florida law:
First-Degree Petit Theft
First-degree petit theft applies when the stolen property is valued between $100 and $749. It is classified as a first-degree misdemeanor, carrying harsher penalties than second-degree petit theft. If convicted, a person could face up to one year in jail, one year of probation, and a fine of up to $1,000.
Second-Degree Petit Theft
If the stolen property is valued at less than $100, it is considered second-degree petit theft. This is a second-degree misdemeanor, punishable by up to 60 days in jail and six months of probation, and a fine of up to $500. While the penalties are less severe than first-degree petty theft, they can still have a significant impact on a person’s criminal record.
How Florida Prosecutors Handle Petit Theft Cases
Prosecutors take several factors into account when handling petit theft cases, including the defendant’s criminal history, the circumstances of the theft, and whether any aggravating factors exist. Even though petit theft is a misdemeanor, repeat offenses can lead to harsher penalties, including felony petit theft.
When presenting a case in court, prosecutors must prove beyond a reasonable doubt that the defendant took the property with the intent to deprive the owner of it. If the prosecution cannot establish intent, the case may be dismissed or result in an acquittal.
Common Defenses Against Petit Theft Charges
Several legal defenses can be used in petit theft cases, depending on the circumstances:
Lack of Intent
One common defense is lack of intent. If a person mistakenly took an item without realizing it, their attorney may argue that there was no intent to commit theft.
Mistaken Identity
Another defense is mistaken identity. Sometimes, security footage or eyewitness testimony can lead to misidentification, and an innocent person may be accused of theft. Defense attorneys often challenge the reliability of such evidence in court.
Permission Believed
Some defendants argue that they had permission to take the item in question. If a person believed they had the owner’s consent, they may be able to avoid a conviction.
Improper Police Procedures
Additionally, improper police procedures can sometimes lead to a case being dismissed. If law enforcement violated the defendant’s rights during the investigation or arrest, an attorney may file a motion to suppress evidence, which can weaken the prosecution’s case.
Consequences of a Petit Theft Conviction
A petit theft conviction can have consequences beyond the legal penalties. One of the biggest concerns is having a criminal record. Even a misdemeanor theft conviction can make it harder to find a job, rent an apartment, or pass a background check.
In some cases, judges may order additional penalties such as community service, restitution to the victim, or participation in theft prevention programs. These penalties are often meant to deter future offenses and provide rehabilitation rather than just punishment.
What to Do If You’re Charged with Petit Theft
If you are arrested for petit theft in Florida, it is crucial to take the charge seriously. Even though it is a misdemeanor, a conviction can have lasting consequences. The first step is to seek legal representation. A qualified criminal defense attorney can review the evidence, explain your legal options, and build a strong defense strategy.
Avoid discussing your case with law enforcement or anyone else until you have spoken with an attorney. Anything you say can be used against you in court. Additionally, gathering any evidence that may support your defense, such as receipts, witness statements, or surveillance footage, can be beneficial.
Seek Legal Guidance
Petit theft in Florida may seem like a minor offense, but the consequences can be serious. From possible jail time to a lasting criminal record, a conviction can affect multiple aspects of a person’s life. Furthermore, multiple petit thefts convictions can lead to a felony petit theft prosecution. Understanding the law, knowing your rights, and seeking legal guidance can make a significant difference in the outcome of a case.
If you or someone you know is facing a petit theft charge, it is important to act quickly. With the right legal strategy, it may be possible to reduce the charges, negotiate a plea deal, or even have the case dismissed. Call us today at The Law Firm of Gil Colón, Jr. at 863-622-9602 to schedule a free consultation with our team.
