Florida Statute §812.014 | Classification: Second-Degree Misdemeanor to First-Degree Misdemeanor
What Is This Charge?
Petit theft (commonly called shoplifting) is the unlawful taking of property valued under $750 with the intent to deprive the owner of it. While classified as a misdemeanor, even a petit theft conviction carries lasting consequences that extend well beyond the courtroom.
Penalties & Fines
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Property valued under $100: Second-Degree Misdemeanor — up to 60 days jail, $500 fine
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Property valued $100–$749.99: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
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Second petit theft conviction: First-Degree Misdemeanor regardless of value
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Third or subsequent conviction: Third-Degree Felony — up to 5 years
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Civil demand letter from the merchant is common in addition to criminal charges
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Driver’s license suspension: 6 months (first conviction), 1 year (second conviction)
Additional Consequences
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Permanent criminal record — theft convictions appear prominently on background checks
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Difficulty obtaining employment, housing, and professional licenses
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Possible civil lawsuit by the merchant
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Immigration consequences for non-citizens
Possible Defenses
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No intent to steal — the act was accidental or a mistake
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You had permission or a reasonable belief of permission to take the item
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Entrapment by store security
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The item was paid for or belongs to you
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Mistaken identity — wrong person accused
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Value of the property is disputed
Why You Need a Defense Attorney
A theft conviction — even for a small amount — shows up on background checks as a crime of dishonesty and can cost you jobs, professional licenses, and housing. An attorney can often pursue pretrial diversion, negotiate a reduction, or seek dismissal — keeping your record clean.
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