Petit Theft
Petit theft (often spelled "petty theft") in Florida is a criminal offense involving the unlawful taking of property valued at less than $750. Florida law classifies theft offenses based on the value of the stolen property, with petit theft being the less severe form compared to grand theft. Petit theft is governed by Florida Statutes § 812.014 and can result in a misdemeanor charge with penalties that vary based on the value of the stolen property and the defendant's prior criminal history.
Definition of Petit Theft:
Petit theft occurs when a person:
1. Knowingly obtains or uses, or attempts to obtain or use, another person's property,
2. Intends to deprive the owner of their right to the property, either temporarily or permanently, or
3. Appropriates the property for their own use or for the use of another person who is not entitled to it.
Degrees of Petit Theft:
The degree of the petit theft charge depends on the value of the property stolen and whether the defendant has prior theft convictions.
1. Petit Theft (Second-Degree Misdemeanor):
Occurs when the value of the stolen property is less than $100.
Penalties: Punishable by up to 60 days in jail, 6 months of probation, and a fine of up to $500.
2. Petit Theft (First-Degree Misdemeanor):
Occurs when the value of the stolen property is $100 or more but less than $750.
Penalties: Punishable by up to 1 year in jail, 1 year of probation, and a fine of up to $1,000.
Enhanced Penalties:
Prior Convictions: If the defendant has a prior theft conviction, a subsequent petit theft charge may be enhanced to a first-degree misdemeanor, regardless of the value of the property stolen.
Felony Petit Theft: If the defendant has two or more prior theft convictions, the petit theft charge may be elevated to a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.
Additional Consequences:
Driver's License Suspension: For a second conviction of petit theft, the court may impose a suspension of the defendant's driver's license for up to 6 months. For subsequent convictions, the suspension can be up to 1 year.
Restitution: The court may order the defendant to pay restitution to the victim to compensate for the value of the stolen property.
Permanent Criminal Record: A conviction for petit theft results in a permanent criminal record, which can impact future employment, housing, and other opportunities.
Defenses to Petit Theft:
Several defenses may be available to someone charged with petit theft in Florida, depending on the circumstances of the case:
1. Lack of Intent: The defendant may argue that they did not intend to steal the property or deprive the owner of it.
2. Mistaken Ownership: The defendant may have believed they had the right to the property or that it belonged to them.
3. Consent of the Owner: If the property owner consented to the defendant taking the property, this could be a defense.
4. Mistaken Identity: In some cases, the defendant may argue that they were wrongly identified as the person who committed the theft.
Importance of Legal Representation:
Although petit theft is considered a misdemeanor, it can still carry significant consequences, including jail time, fines, and a permanent criminal record. It is essential for anyone facing petit theft charges to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.
In summary, petit theft in Florida involves the unlawful taking of property valued at less than $750. The penalties depend on the value of the stolen property and the defendant's prior criminal history, with potential charges ranging from a second-degree misdemeanor to a third-degree felony. Legal representation is crucial to defend against these charges and mitigate the potential consequences. If you're facing theft charges of any kind in Jacksonville you should contact a Duval County criminal defense attorney immediately. Our office offers free and confidential consultations.