Petit theft, often referred to as "petty theft," is a common charge in Florida and occurs when an individual unlawfully takes someone else's property without consent, with the intent to permanently deprive the owner of that property. While it may seem like a minor offense, it can carry significant legal consequences. This blog post provides an in-depth look at what constitutes petit theft in Florida, the legal implications, defenses, and potential penalties associated with this crime.
What is Petit Theft?
In Florida, petit theft is defined under Florida Statute 812.014. The law divides theft into two categories: grand theft and petit theft. Petit theft is considered a less serious offense and is classified based on the value of the stolen property.
Classification of Petit Theft
- First-Degree Petit Theft:
- Occurs when the value of the stolen property is $100 or more but less than $750.
- This offense is classified as a misdemeanor of the first degree with maximum jail sentence of up to 1 year and maximum fine of up to $1,000.00.
- Second-Degree Petit Theft:
- Occurs when the value of the stolen property is less than $100.
- This offense is classified as a misdemeanor of the second degree with maximum jail sentence of up to 60 days and maximum fine of up to $500.00.
Key Elements of Petit Theft
To successfully prove petit theft, the prosecutor must establish the following elements:
- The defendant knowingly and unlawfully took someone else's property (this is usually at a store such as Walmart of Target – and happens a lot at self-check out).
- The defendant had the intent to permanently deprive the owner of the property.
Additional Consequences of Petit Theft
- Criminal Record: A conviction may result in a permanent criminal record, impacting future employment, housing, and other opportunities. Theft offenses and domestic battery charges usually cause the most problems in the future.
- Civil Penalties: Florida law allows for a civil penalty to be collected in theft cases. Usually around $250.00.
Defenses Against Petit Theft Charges
If charged with petit theft, several defenses may be applicable:
- Lack of Intent: The prosecution must prove that the defendant intended to permanently deprive the owner of their property. Demonstrating a lack of intent can be a strong defense.
- Mistaken Identity: If the accused was misidentified as the perpetrator, this can be a valid defense.
- Ownership: If the defendant can prove that they had rightful ownership or permission to take the property, this can negate the theft charge.
Steps to Take if Charged with Petit Theft
- Consult with an Attorney: It’s crucial to seek legal assistance from an attorney experienced in criminal law and handling petit theft cases. It is important to explore all options to try and avoid entering a plea.
- Gather Mitigation: Compile positive information about yourself that can show the state that this was one off situation.
Conclusion
Petit theft can have serious consequences in Florida that can have lasting effect beyond immediate legal penalties. Understanding the definitions, classifications, and potential defenses can help individuals navigate this challenging situation more effectively. If you or someone you know is facing petit theft charges, it is essential to seek legal advice to protect your rights and explore the best course of action. By being informed and proactive, individuals can work toward a favorable resolution and minimize the impact of such charges on their lives.