Petit Theft Lawyer

Florida petit theft attorney, Thomas Fighter: “A good petit theft attorney is worth every penny – he or she will know what needs to be presented to the judge and prosecutor to get your charge dismissed.”

Petit Theft Lawyer

Facing petit theft charges in Florida can be overwhelming, especially when you’re unsure of the potential consequences. Petit theft, often called petty theft in other states, may seem minor compared to other criminal charges, but a conviction can severely impact your future, affecting employment opportunities and personal reputation.

At Fighter Law, our dedicated criminal defense attorneys understand the gravity of petit theft accusations. Board-Certified Criminal Trial Law Specialist Thomas Feiter and Attorney Jessica Travis bring years of experience defending clients against theft charges throughout Florida. We’re committed to providing aggressive defense strategies while guiding you through this challenging legal process.

What Is Petit Theft in Florida?

Petit theft in Florida refers to the unlawful taking of property valued at less than $750. The Florida Statutes divide theft into two main categories: petit theft and grand theft, with petit theft being the lesser offense. However, don’t let the term “lesser” mislead you—petit theft charges can still result in serious penalties.

Florida further classifies petit theft into two degrees:

• First-degree petit theft: Taking property valued between $100 and $750
• Second-degree petit theft: Taking property valued at less than $100

Understanding these distinctions is crucial for determining the potential consequences you may face.

The law doesn’t just apply to physical shoplifting. Petit theft also encompasses other actions like using someone else’s property without permission, failing to return borrowed items, or obtaining services without proper payment. According to the Florida Department of Law Enforcement, petit theft accounted for approximately 15% of all property crimes in Florida in 2023.

Potential Consequences of Petit Theft Charges

A petit theft conviction carries more than just immediate legal penalties. The consequences can extend far beyond your court date and affect multiple aspects of your life.

Criminal Penalties

First-degree petit theft is classified as a first-degree misdemeanor, punishable by:

• Up to 12 months in county jail
• Fines up to $1,000
• Probation

These penalties can significantly disrupt your life and financial stability.

Second-degree petit theft is a second-degree misdemeanor, carrying penalties of:

• Up to 60 days in county jail
• Fines up to $500
• Probation

Even these “lighter” penalties can have serious repercussions on your daily life and future.

Enhanced Penalties for Repeat Offenders

Florida takes repeat theft offenses seriously. If you have previous theft convictions, what would normally be charged as petit theft may be elevated to a third-degree felony, regardless of the property value. This enhancement can result in up to 5 years in prison and fines up to $5,000.

Long-Term Consequences

Beyond immediate legal penalties, a petit theft conviction may lead to:

• A permanent criminal record
• Difficulty obtaining employment
• Housing application rejections
• Professional license restrictions
• Immigration consequences for non-citizens
• Suspension of your driver’s license

These long-term effects often outweigh the immediate penalties and can follow you for years to come.

Common Defense Strategies for Petit Theft Cases

Effective defense strategies can make a significant difference in the outcome of your petit theft case. Our experienced attorneys may employ several approaches depending on your specific circumstances.

Lack of Intent

Theft crimes require intent—meaning you must have knowingly and intentionally taken or used property belonging to another person. If we can demonstrate you believed the property was yours, had permission to use it, or took it by mistake, we may be able to have your charges reduced or dismissed.

Insufficient Evidence

The prosecution must prove every element of petit theft beyond a reasonable doubt. We thoroughly examine evidence such as surveillance footage, witness statements, and police reports to identify weaknesses in the prosecution’s case.

Mistaken Identity

Eyewitness identifications are notoriously unreliable. Research from the Innocence Project indicates that mistaken eyewitness identifications contributed to approximately 69% of the more than 375 wrongful convictions in the United States that were overturned by post-conviction DNA evidence.

Constitutional Violations

If law enforcement violated your constitutional rights during the investigation or arrest—such as conducting an illegal search or failing to read your Miranda rights—we may file motions to suppress evidence or even have your case dismissed.

Diversion Programs and Alternative Resolutions

For first-time offenders, particularly in petit theft cases, Florida offers several pretrial diversion programs that may help you avoid a conviction entirely.

Pretrial Intervention Programs

These programs typically involve:

• Community service
• Theft awareness classes
• Restitution to the victim
• Regular check-ins with a program officer

Completing these requirements successfully demonstrates your commitment to making amends and can lead to positive case outcomes.

Upon successful completion, your charges may be dismissed, allowing you to avoid a criminal record.

Civil Citations

Some jurisdictions in Florida have implemented civil citation programs for minor offenses like petit theft. These programs divert appropriate cases from the criminal justice system, treating them as civil infractions rather than criminal offenses.

Negotiated Settlements

Our attorneys are skilled negotiators who may be able to secure favorable plea agreements, such as:

• Reduced charges
• Withholding of adjudication (preventing a formal conviction)
• Minimal penalties
• Expungement eligibility after case completion

These negotiated outcomes can significantly reduce the impact on your life and future opportunities.

Petit Theft (a.k.a. Petty Theft) or Shoplifting Less Than $100.00

Crime Level: 2nd degree misdemeanor

Most likely outcome*: You might face a fine, an impulse control course, court costs, and possibly some probation. Be careful not to accept a fine offer if it includes an adjudication of guilt (in other words, a conviction). A conviction for petit theft means you can never seal or expunge the record and will require a suspension of your driver’s license.

Maximum Penalties: 60 days in jail; $500 fine.

Collateral Consequences: Being arrested for a crime of dishonesty carries significant stigma. If convicted, the court will impose a mandatory driver’s license suspension: 6 months for a first conviction and 1 year for a second or subsequent conviction. Additionally, you might also receive a civil demand letter from a law firm requesting a settlement payment.

Can I get pretrial diversion: Yes, with victim approval.  No if you stole from your employer.  Talk to an experienced Orlando petit theft attorney for more on this.

Defenses: Mistake (no intent), Entrapment, Necessity

Related Offenses: Grand Theft, Burglary, Robbery, Carjacking, Home Invasion Robbery

* Actual outcomes vary from case to case and this most likely outcome estimate should not be relied upon as definite.

Petit Theft (a.k.a. Petty Theft) or Shoplifting More than $100.00 But Less Than $750.00

Crime Level: 1st degree misdemeanor

Most likely outcome: Same as above – maybe a little higher of a fine.

Maximum Penalties: 1 year in county jail or probation; $1,000 fine.

Collateral Consequences: Same as above.

Can I get pretrial diversion: Same as above.

Defenses: Same as above.

Related Offenses: Same as above.

Detailed Legal Information Related to Petit Theft (or Shoplifting)

Various levels of theft crimes exist. The value and nature of what you take determine the level of crime charged. Typically, the higher the value of the items taken, the more severe the crime. The method of taking the items (such as breaking in or using force) will also affect the charge.

Loss prevention officers (LPOs) and security cameras seem to be everywhere these days. Even with video evidence and the testimony of an LPO, you can still seek to have the case dismissed. Hire an attorney who will genuinely care and aggressively fight to have your case thrown out. Remember, video footage of the theft does not guarantee that you cannot challenge and win the case.

Civil Demand Letters

An experienced petty theft attorney can give you good advice. The advice will vary from person to person. Most of our clients receive a letter in the mail from the business’ corporate offices (or sometimes from a law firm) demanding payment of $100 or $300 as a settlement for their civil demand. Paying this amount can be beneficial because you can later show it to the prosecutor, which might help your criminal case. Companies can legally issue these demands, and Wal-Mart sends out many civil demand letters. We’ve heard that the company or law firm may reduce the amount if you ask, so it could be worth trying

Contact an Experienced Petit Theft Lawyer Today

Petit theft charges demand immediate attention from skilled legal counsel. At Fighter Law, our approach combines aggressive defense tactics with compassionate client service. Our team includes Board-Certified Criminal Trial Law Specialist Thomas Feiter and Attorney Jessica Travis, a respected female partner, bringing diverse perspectives to your defense strategy. Both partners work together to ensure every client receives personalized attention and strategic representation.

Don’t let a petit theft charge derail your future. Our experienced criminal defense team has successfully defended countless clients against theft charges throughout Florida. We understand what’s at stake and are prepared to fight for the best possible outcome in your case. Contact Fighter Law today at (407) 344-4837 or through our contact form to schedule a consultation.