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Theft of property crimes, 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:
To prove the crime of Petit Theft at trial, the prosecution must establish the following two elements beyond a reasonable doubt:
If you or a loved one have recently been arrested or are being investigated for a crime, odds are you’re feeling stressed, anxious, and scared. The uncertainty of what to do next when you have been accused of a criminal offense can be paralyzing – at a time when it is imperative you take immediate action. The right first step you need to take is to contact me. We provide dedicated and effective defense for our clients through every step of the process.
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.
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 $1000 fine.
Petit Theft is also classified as a First Degree Misdemeanor where the accused has previously been convicted of any theft crime.
Where the property at issue is valued at less than $100, Petit Theft is classified as a Second Degree Misdemeanor, with penalties of up 60 days in jail, or 6 months probation, and a $500 fine.
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.
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).)
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