Top-Rated Central Florida Criminal Defense Attorney
A burglary conviction can carry severe penalties, which is why it’s important to have a skilled defense attorney on your case. At Frost Law, we are committed to defending your rights and as a former prosecutor, Attorney Frost can help you navigate the legal system and achieve the best outcome for your case.
If you are accused of petit theft in Florida, it’s essential to have a legal team that is both committed and knowledgeable on your side. With over ten years of criminal law experience, Chad Frost, Esq. is committed to serving individuals charged with crimes like petit theft. He is here to help you during the legal proceedings and safeguard your rights, as we understand that being accused of a crime can be a frightening experience.
Petit Theft is knowingly and unlawfully obtaining or endeavoring to obtain property belonging to another person with a value of less than $750. Florida Statute 812.014 of the Florida Statutes provides the definition.
Petit Theft with Property Value Under $100: If the stolen property is valued at or below $100, it is considered a Second-Degree Misdemeanor crime. Penalties for this offense can be up to 60 days in jail or as much as six months of probation and $500 fine.
Petit Theft with Property Value Between $100 and $750: If the property has a value of $100 or more but less than $750, the crime escalates to a First-Degree Misdemeanor. The consequences of a First-Degree Misdemeanor include a more severe potential punishment, allowing for up to one year in jail, one year of probation, and a fine reaching up to $1,000.
Repeat offenses increase the severity of penalties. A First-Degree Misdemeanor is automatically applied to a subsequent offense if an individual has previously been convicted of Petit Theft. In addition, if Petit Theft has been committed twice, a third offense is classified as a Third-Degree Felony. Which is punishable by up to 5 years in prison or 5 years of supervised probation and a $5,000 fine
Grand Theft: A felony of the 3rd Degree and punishable by up to 5 years in prison or 5 years of supervised probation and a $5,000 fine. Some types of Grand Theft include:
Retail Store Petit Theft: This kind of theft happens when someone takes or tries to take something worth less than $750 from a retail store.
The value of the stolen goods and the defendant’s prior theft history affect the severity of the punishment for petit theft in Florida:
First-Degree Petit Theft: This type of theft is classified as a First-Degree Misdemeanor if the stolen goods are valued at over $100 but less than $7,000. A $1,000 fine, 12 months of probation, and up to a year in jail are possible punishments. First Degree Misdemeanor status is also applied if the defendant has a history of theft convictions.
Second-Degree Petit Theft: According to the law, stealing anything worth less than $100 is considered a Second Degree Misdemeanor. A $500 fine, six months of probation, and up to 60 days in jail are possible punishments.
Third-Degree Felony Petit Theft: When the defendant has been found guilty of two or more theft offenses. Penalties include five years on probation or up to five years in jail.
The driver’s license of an individual found guilty of Petit Theft may be suspended per Florida Statute Section 812.014(5)(b). A six-month suspension for the first adjudication and a one-year ban for the second adjudication may be imposed.
The prosecution must prove two essential elements of Petit Theft beyond a reasonable doubt in a court of law. The accused party must have:
Every case is different, and a knowledgeable criminal defense lawyer should plan your defense. That said, some possible defenses may include:
No Intent: The State must prove that you had the required
mental state to commit the crime of Petit Theft.
Consent: If you had consent to take the property, then it may be a valid defense.
Value: While not an absolute defense, showing that the value is less than what the State’s charges state can get the charges reduced.
Accidental Taking: If a customer had no intent to take the property out of the
store, this may be a defense.
Items not found on the Accused: If the allegedly taken items were not found on the accused.
Video: Low-quality video evidence could be used to contest the case.
Pretrial Intervention (PTI): Frost Law can investigate the possibility of rerouting the
case through Pretrial Intervention programs to prevent a criminal record for first-time offenders.
Frost Law is dedicated to defending individuals facing theft charges in Central Florida. Our experienced legal team can provide knowledge, resources, and effective defense strategies to meet the needs of your specific case. If you’re accused of theft in Orlando, contact us today to protect your rights and secure the best possible outcome for your case.
Attorney Frost is dedicated to providing strategic and personalized representation, guiding you through the legal process with expertise and compassion.
Our commitment to open communication, strategic advocacy, and a relentless pursuit of justice sets us apart. If you find yourself facing theft charges in Florida, don’t face it alone. Contact Frost Law for a confidential consultation at (407) 670-5569, and let us help you protect what matters most.
Yes. Petit Theft can be classified as a First-Degree Misdemeanor if it’s your second offense. The punishment escalates significantly regarding a third offense, which is treated as a Third-Degree Felony.
A third conviction for Petit Theft is considered a Third-Degree Felony.
Expunging a Petit Theft charge from your record may be possible if you meet certain criteria, including the severity of the charge and your criminal history.
Petit Theft has multiple defenses, including disputing the value of the stolen property, challenging the evidence, or showing a lack of intent to steal. An attorney can help determine the most effective defense strategy in your case.
Frost Law is a full-service law firm that focuses on Criminal Defense, DUI, Estate planning, Wills, Trusts & Asset Protection and Probate. Our Estate Planning options ensure that you have a comprehensive and effective plan in place for you and your loved ones.
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