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Petit Theft Charges in Florida

If accused of Petit Theft in Florida, you need to know the:

• Definition of Petit Theft
• Penalties for Petit Theft
• Defenses to Petit Theft

Definition of Petit Theft

The crime of Petit Theft, sometimes referred to as Petty Theft, involves the unlawful taking of property worth less than $300.

To prove the crime of Petit Theft, the State must prove that you took property from another person with the intent to:

• Deprive the person of a right to the property or benefit of the property; or
• Appropriate the property for personal use or for the use of another person not entitled to the use of the property.

The value of the property taken determines whether the crime is:

• Petit Theft of the First Degree or
• Petit Theft of the Second Degree

Penalties for Petit Theft

The penalties for the crime of Petit Theft depend on the value of the property taken.

Petit Theft of the First Degree

It is is considered Petit Theft of the First Degree if:

• The value of the property taken is worth less than $300, but more than $100; or
• You have a prior theft conviction.

If convicted of Petit Theft of the First Degree, you could receive any combination of the following penalties:

• One year in jail,
• One year of probation, or
• A fine of up to a $1,000.

Petit Theft of the Second Degree

If the value of the property taken is worth less than $100, the crime is considered Petit Theft of the Second Degree.

If convicted of Petit Theft of the Second Degree, you could receive any combination of the following penalties:

• Six (6) months in jail,
• Six (6) months of probation, or
• A fine of up to a $500.

Driver's License Suspension

If you are adjudicated guilty of Petit Theft, your driver's license will be suspended:

• For six months upon a first conviction.
• For one (1) year for each subsequent conviction.

Defenses to Petit Theft

Other than alleging a false accusation, there are three primary defenses to the crime of Petit Theft:

1. Equal Ownership
2. Good Faith Possession
3. Valueless Property

Equal Ownership

A co-owner of property cannot be held guilty of the petit theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property.

Good Faith Possession

Under Florida law, the crime of petit theft requires proof of a taking with the intent to steal. So a person who takes possession of an item with the good faith belief in the right to the property lacks the requisite intent to commit theft. As a result, a well-founded belief in one's right to allegedly stolen property constitutes a complete defense to the crime of petit theft.

Valueless Property

Simply put, it is impossible to steal trash. This is because Florida law only criminalizes the stealing of "property." Property is defined as "anything of value" and the Value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." Thus if someone places something by the road, it has become trash that presumably has no value.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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