Miami Petit Theft Lawyer

What Is Petit Theft?

In Florida, theft crimes are categorized as grand theft or petit theft depending on the value and type of property stolen. Under Florida Statute 812.014, theft is defined as the knowing and unlawful obtaining, using, or attempted obtaining or use of another person’s property with intent to deprive that person of a property right or benefit, either temporarily or permanently. Petit theft generally applies when the property alleged to have been taken falls below the threshold for grand theft. Petit theft is often associated with shoplifting, though it doesn’t have to occur in a store, and it is sometimes called petty theft in everyday usage.

The classification of a petit theft allegation depends on the value of the property, the type of property, where the property was taken, and any prior theft convictions. Under current Florida law, property valued at $100 or more but less than $750 generally falls within first-degree petit theft, while property below that $100 threshold generally falls within second-degree petit theft. The prosecution must prove the required elements, including the alleged unlawful taking or use and the required criminal intent.

Don’t wait to speak with an experienced theft crime attorney in Miami if you are charged with petty theft. Schedule your free consultation. 

Petit Theft Penalties in Florida

Although petit theft is most often categorized as a misdemeanor offense, there are circumstances under Florida Statute 812.014 that can result in petit theft being charged as a felony, particularly when a person has prior theft convictions.

Petit theft is classified and punishable under Florida law as follows (although it is important to remember that specific penalties will vary on a case-by-case basis):

• Petit theft of property valued at less than $100: second-degree petit theft, a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
• Petit theft of property valued at $100 to less than $750 (first-degree petit theft): first-degree misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000.
• A person with one prior theft conviction may face first-degree misdemeanor treatment even for property below $100, and a person with two or more prior theft convictions may face a third-degree felony charge, punishable by up to 5 years in prison and a fine of up to $5,000.

Potential consequences can also include probation, restitution, court costs, and a criminal record. Certain circumstances, such as property alleged to have been taken from a dwelling, can also affect classification and should be evaluated based on the specific facts of the case. We assess available options, including alternative punishments and defense strategies tailored to each client’s situation.

For more information on felony petit theft in Florida, contact us today. 

What Happens When You Go to Court for Petty Theft?

Petty theft in the state of Florida can lead to heavy consequences despite being considered a low-level offense. Depending on the circumstances, a person accused of petty theft may receive a citation, be arrested, or be formally charged by prosecutors. A person accused of petty theft is required to attend court and answer to the allegation, and missing a required appearance can create additional legal problems.

The presiding judge will determine guilt or innocence based on applicable criminal procedure and the evidence presented, not solely from the accusation. Possible outcomes vary and may include dismissal, diversion, plea negotiations, trial, probation, fines, restitution, or incarceration. The Miami-Dade Criminal Court handles both County Criminal and Circuit Criminal matters, and the outcome of any case depends on the specific charge, evidence, prior record, and procedural posture. The possible penalties for committing petty theft could range from probation and expensive fines to jail time and even long-term consequences if this is not your first criminal conviction. 

Can Petty Theft Charges Be Dropped in Florida?

Petty theft charges in Florida may be dropped depending on the severity of the offense and other relevant factors. Whether it is a first-time or repeat offense, and whether anyone was injured are all important considerations when evaluating a petty theft charge within the state.

Potential defense issues can include:

• Lack of criminal intent
• Mistake or misunderstanding
• Permission or ownership disputes
• Unreliable identification
• Insufficient proof of value

A shoplifting allegation, for example, may involve receipts, transaction records, store video, loss-prevention reports, and witness statements, each of which can be examined for weaknesses.

For example, minor shoplifting offenses may be eligible for a diversion program, allowing the charge to be addressed outside of a traditional conviction if certain criteria are met, though eligibility depends on the charge, prior record, prosecutor, court, and case facts. A charge is not automatically dismissed because property was returned or because the alleged value was low. In more serious cases involving multiple stolen items or other aggravating circumstances, plea bargaining may be considered, and possible resolutions depend on the facts and circumstances of the case. We develop personalized defense strategies and, when the facts support it, work with experienced investigators and expert witnesses to evaluate every angle of a case.

An experienced Miami petit theft attorney can review the allegation, evidence, charge classification, prior record, and available legal options.

Get Help from an Experienced Petty Theft Attorney in Miami, FL!

Have you been arrested for petit theft in Florida? You will need all the help you can get to fight your charges. Miami criminal attorney Michael Mirer can meet with you to discuss your case and the charges you are facing.

As a former Miami-Dade prosecutor and trial attorney with more than two decades of experience, Attorney Mirer understands what you are up against and has the background to evaluate your case from both the prosecution and defense perspectives. Our approach includes personalized defense strategies, consistent communication throughout the legal process, and attention to your long-term interests, including rehabilitation-focused alternatives where appropriate.

Contact Law Office of Michael Mirer, P.A. today or fill out a free case evaluation form to learn more about your options if you are charged with petty theft in Miami, FL!