Petit Theft in Florida: Definition, Degrees, and Penalties

Petit theft in Florida is charged when stolen property is valued at less than $750 and is classified as a misdemeanor, punishable by up to one year in jail and a $1,000 fine for a first-degree offense.

In Florida, theft crimes are divided into two broad categories: petit theft and grand theft. The difference comes down to the value of the stolen property. Petit theft is considered a misdemeanor rather than a felony, making it a less severe offense. However, a petit theft charge can still lead to fines, probation or jail time, and a criminal record, which can impact future employment and other aspects of life.

Florida’s Legal Definition and Meaning of Petit Theft

Petit theft is defined under Florida Statute 812.014. According to the law, theft occurs when someone knowingly obtains or uses another person’s property with the intent to deprive them of it, either permanently or temporarily. If the value of the stolen property is under $750, it falls under the category of petit theft. Courts take petit theft seriously, especially for repeat offenders, and multiple petit theft convictions can lead to a felony prosecution.

What is the Punishment for Petit Theft in Florida?

There are two degrees of petit theft under Florida law, and the degree of the charge depends on the exact value of the stolen goods:

First-Degree Petit Theft ($100 to $749)

First-degree petit theft applies when the stolen property is valued between $100 and $749. It is classified as a first-degree misdemeanor, carrying these penalties:

• Up to one year in jail.
• One year of probation.
• A fine of up to $1,000.

Second-Degree Petit Theft (Under $100)

If the stolen property is valued at less than $100, it is considered second-degree petit theft. This is a second-degree misdemeanor, punishable by:

• Up to 60 days in jail.
• Six months of probation.
• A fine of up to $500.

Even though the penalties are less severe than first-degree petty theft, they can still have a significant impact on a person’s criminal record.

Common Defenses Against Petit Theft Charges

Several legal defenses can be used in petit theft cases, depending on the circumstances:

• Lack of Intent: If a person mistakenly took an item without realizing it, their attorney may argue that there was no intent to commit theft, which is required for a conviction.
• Mistaken Identity: Sometimes, security footage or eyewitness testimony can lead to misidentification. Defense attorneys often challenge the reliability of such evidence in court.
• Permission Believed: If a person believed they had the owner’s consent to take the item in question, they may be able to avoid a conviction.
• Improper Police Procedures: If law enforcement violated the defendant’s rights during the investigation or arrest, an attorney may file a motion to suppress evidence, which can weaken the prosecution’s case and lead to dismissal.

Consequences of a Petit Theft Conviction (Beyond Legal Penalties)

A petit theft conviction can have consequences beyond the legal penalties. One of the biggest concerns is having a criminal record. Even a misdemeanor theft conviction can make it harder to find a job, rent an apartment, or pass a background check. In some cases, judges may order additional penalties such as community service, restitution to the victim, or participation in theft prevention programs. These penalties are often meant to deter future offenses and provide rehabilitation rather than just punishment.

Why Choose The Law Firm of Gil Colón, Jr. for Petit Theft Defense?

If you are arrested for petit theft in Florida, it is crucial to take the charge seriously. The first step is to seek legal representation. A qualified criminal defense attorney can review the evidence, explain your legal options, and build a strong defense strategy.

At The Law Firm of Gil Colón, Jr., we have been aggressively defending individuals in Polk County for nearly 30 years, providing comprehensive representation for a broad range of felony and misdemeanor criminal charges. We work closely with you to gain an in-depth understanding of your unique situation.

As Attorney Trinidad Peraza’s clients noted, the team is knowledgeable, professional, and knows how to fight for her clients, and is always prepared when it mattered most. We ensure you feel supported and that your voice is heard throughout a difficult time.

Avoid discussing your case with law enforcement or anyone else until you have spoken with an attorney. The sooner you act, the better. With the right legal strategy, it may be possible to reduce the charges, negotiate a plea deal, or even have the case dismissed. Call us today at The Law Firm of Gil Colón, Jr. at 863-622-9602 to schedule a free consultation with our team.

This post was last updated on December 9, 2025.