Petit Theft Charges in Florida
If accused of Petit Theft in Florida, you need to know the:
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:
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:
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.¹
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.²
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.³
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Petit Theft in the greater Orlando, Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
