Theft of property, goods, or services can occur in several forms and can be either a felony or a misdemeanor in Florida. Examples of theft-related crimes include:
- Petit theft
- Shoplifting
- Racketeer Influenced and Corrupt Organization (RICO)
- Receipt of stolen property
- Welfare fraud
- White collar criminal offenses
- Wire fraud
- Worthless check charges
- Writing bad checks
Elements of Theft
To prove the crime of Petit Theft at trial, the prosecution must establish two elements beyond a reasonable doubt: that the defendant knowingly and unlawfully obtained or used (or endeavored to obtain or use) the property of the alleged victim; and that the defendant did so with the intent, permanently or temporarily, to deprive the victim of a right or benefit in the property.
In Florida, Petit Theft (also known as petty theft) is the taking of property valued at under $750 with the intent to deprive the owner of a right or benefit in the property. Petit theft is generally a misdemeanor offense, with penalties that may include jail, probation, community service, and restitution.
First-Degree Petit Theft
Where the property at issue is valued at more than $100 but less than $750, Petit Theft is a first-degree misdemeanor, with penalties of up to 1 year in jail or 12 months of probation and a $1,000 fine. Petit Theft is also a first-degree misdemeanor where the accused has previously been convicted of any theft crime.
Second-Degree Petit Theft
Where the property at issue is valued at less than $100, Petit Theft is a second-degree misdemeanor, with penalties of up to 60 days in jail or 6 months probation and a $500 fine.
Felony Petit Theft
Petit Theft may be charged as a third-degree felony, punishable by up to 5 years in prison or 5 years probation, where the defendant has been convicted two or more times of any theft offense.
Repeat Petty Theft
An offense that would ordinarily be classified as petit theft in Florida will be bumped up to a first-degree misdemeanor if the offender has previously been convicted of any theft offense. Likewise, two or more previous theft convictions will bump a petit theft offense up to a felony of the third degree. (Fla. Stat. § 812.014 (2021).)