Petit Theft


In Florida, theft is classified as Petit Theft when the value of the property taken is less than $300.

PETIT THEFT IN FLORIDA

§812.014, Fla. Stat.

To prove the crime of Petit Theft, the State must prove the following two elements beyond a reasonable doubt:

  1. The Defendant knowingly and unlawfully obtained or used or endeavored to obtain or to use the property of the alleged victim; and
  2. The Defendant did so with intent to, either temporarily or permanently,

          (a) deprive the alleged victim of his or her right to the property or any benefit from it, or

          (b) appropriate the property of the alleged victim to his or her own use or to the use of any person not entitled to it.

Penalties for Petit Theft

Petit Theft of property valued at less than $100 is a misdemeanor of the second degree punishable by up to sixty days in jail and a fine not exceeding $500.

Petit Theft of property valued at $100, but less than $300 is a misdemeanor of the first  degree punishable by up to one year in jail and a fine not exceeding $1,000.

A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree punishable by up to one year in jail and a fine not exceeding $1,000.

A person who commits petit theft and who has previously been convicted two or more times of any theft commits Felony Petit Theft. Felony Petit Theft is a felony of the third degree punishable by up to 5 years in prison and a fine not exceeding $5,000.

Any petit theft conviction can also result in a driver’s license suspension which is mandatory. The first conviction will result in a suspension of a driver’s license for a period of up to 6 months. Each subsequent conviction will result in a suspension of a driver’s license for a period of 1 year.