Miami Petit Theft Lawyer

A petit theft charge can have consequences that reach well beyond the value of the property involved. You may be concerned about a criminal record, worried about your next court date, or unsure whether the accusation tells the whole story. Before making decisions about the case, you need to understand what the State must prove and how the available options could affect you.

Our Miami law firm defends people facing petit theft charges throughout South Florida. We look at how the accusation arose, what evidence supports it, and whether there are questions about ownership, permission, or intent. We then explain the court process and work with you to decide how to approach the case.

What Is Petit Theft in Florida?

Petit theft generally covers property worth less than $750, subject to exceptions. “Petty theft” is a common spelling; “petit theft” is the term used in the Florida statute.

Under Florida Statute § 812.014, the State must prove that a person knowingly and unlawfully obtained or used, or tried to obtain or use, another person’s property with the required intent. That intent can be to deprive the owner of a right to the property or a benefit from it, or to appropriate it for someone who is not entitled to it. The deprivation can be temporary or permanent.

Shoplifting describes the store setting, while petit theft describes a charge that can arise in many settings. For example, an allegation about a borrowed tool, property shared by roommates, or an item taken from a workplace may raise questions about permission, ownership, and intent. A disagreement over property does not by itself prove theft. For store-security footage, self-checkout issues, or a retailer’s civil demand, see our shoplifting defense page.

Petit Theft Penalties and Felony Exceptions

For ordinary value-based misdemeanor theft, the general penalties are:

• Second-degree petit theft: property worth less than $100, generally punishable by up to 60 days in jail and a $500 fine.
• First-degree petit theft: property worth $100 or more but less than $750, generally punishable by up to one year in jail and a $1,000 fine.

The jail limits come from § 775.082; the general fines come from § 775.083. These are maximums, not promised or expected outcomes. A sentence may also involve probation, restitution, court costs, or other lawful conditions.

Can a low-value theft still be a felony?

Yes. A prior theft conviction can raise petit theft to a first-degree misdemeanor; two or more prior theft convictions can make it a third-degree felony. Certain kinds of property and circumstances also have separate rules. For example, theft of a firearm or property taken from a dwelling or its unenclosed curtilage may fall under different felony provisions. The value alone does not decide every case.

For ordinary property governed by the general value threshold, grand theft begins at $750, including exactly $750. To assess the charge, we review the alleged value, the property involved, and the outcome of any prior theft cases. Our theft crimes overview explains the wider range of offenses.

Does petit theft cause a driver’s license suspension?

The license-suspension provision in § 812.014(5) concerns theft of dispensed gasoline. It is not a general suspension rule for every petit-theft conviction. If driving privileges are a concern, we also check whether a separate offense or other issue could affect your license.

The effect on your life can extend beyond the sentence. Discuss your job, licensing duties, and the immigration consequences of a theft charge before accepting a plea. A result that avoids jail may still create problems in those areas.

What Happens After a Petit Theft Charge?

The steps that follow

• Review the evidence: We obtain and examine the State’s materials, which may include reports, witness accounts, messages, receipts, or recordings.
• Investigate the defense: Permission, disputed ownership, identity, intent, and value may need proof beyond what appears in the initial report.
• Consider motions and possible resolutions: Depending on the evidence and available options, the case may involve a request for dismissal, an evidentiary challenge, diversion, plea discussions, or preparation for trial.
• Resolve the case and check the record: Understand the exact disposition and every condition. A dismissal, withheld adjudication, and adjudication of guilt have different effects.

The order and timing vary. If you live outside South Florida, let us know early so we can address attendance requirements. Representation does not mean that every court appearance can be waived.

What Can Support a Petit Theft Defense?

A police report may describe an item as stolen without resolving a disagreement about who owned it or whether its use was authorized. We investigate those circumstances because the State must prove the offense beyond a reasonable doubt. Depending on the allegation, our review may include:

• Permission: Did the owner authorize the use or taking? Messages, prior arrangements, and witness accounts may help establish what was understood.
• Ownership and good faith: Did you have an ownership interest or honestly believe you had a right to the property? The basis for that belief matters.
• Intent: Was there a mistake about the item, permission, or the transaction? An intent to return something later does not by itself defeat a theft allegation, because temporary deprivation can qualify.
• Identity and involvement: Does the evidence identify the right person and show participation? Being nearby does not alone establish theft.
• Value: Does the State’s evidence support the alleged value and degree of the charge? Challenging value may affect the charge even where other facts are disputed.

Keep messages and records in their original form. Do not delete material or ask a witness to change an account. A claim that you abandoned an attempt, returned property, or believed an item had little value needs careful legal review; none is an automatic defense to every theft charge.

Can a First Petit Theft Case End Without a Conviction?

It may. Depending on the evidence and your history, options may include challenging the charge or seeking an approved diversion program. A clean record can help, but it does not guarantee admission or dismissal. Review the State’s evidence and the terms of any offer before deciding.

Diversion may require a class, community service, restitution, or other conditions. Successful completion can lead to dismissal under the program’s terms. Failing to complete the agreement can return the case to prosecution. Our first-time offender programs guide explains the questions to ask.

Will a dismissal or withheld adjudication clear my record?

Do not assume it will. A dismissal does not automatically remove every court or arrest record. Withheld adjudication is also different from dismissal, and it can still have consequences. Eligibility for record sealing or expungement depends on your history, the charge, and the final disposition. Discuss that goal before resolving the case.

Experience Defending Petit Theft Charges

David Edelstein has practiced law since 1995 and is AV Preeminent® Peer Review Rated by Martindale-Hubbell. Learn more about David’s background and qualifications.

David has represented hundreds of people facing petit theft charges, from students to doctors, lawyers, teachers, bank officers, and other professionals. He has secured dismissals, persuaded prosecutors not to file charges, and helped clients enter pretrial diversion programs.

Past results do not guarantee a similar outcome. Each case depends on its own facts and circumstances.

Discuss Your Miami Petit Theft Case

If you are facing a petit theft charge, we can discuss where the case stands and what needs to happen next. Have your notice to appear or arrest paperwork available, and let us know about your next court date and any prior theft case, even if you are unsure how it ended.

Messages about permission or ownership, receipts, photographs, and witness information may help us understand what happened. Just as important, tell us what the outcome could mean for your work, school, professional license, or immigration status so those concerns are part of the discussion from the start.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

THERE ARE THOUSANDS OF LAW FIRMS AND ATTORNEYS IN SOUTH FLORIDA. ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL DEFENSE ATTORNEY FOR YOUR MIAMI-DADE COUNTY CASE