Understanding Florida's Petit Theft Law: How a Misdemeanor Can Quickly Turn Into a Felony
- McMann, P.A.
- Nov 16, 2024
- 3 min read
Updated: Apr 5
Imagine this: you or someone you know takes a six-pack of beer from a convenience store or a toy from a Walmart. Maybe it was on a dare, after a night out, or even out of perceived necessity. At first glance, such an act might seem like it would result in a simple misdemeanor charge for petit theft. However, if you have prior convictions for petit theft in Florida, the consequences can escalate quickly — from a misdemeanor to a felony.
The Law: Florida Statute 812.014
Under Florida Statute 812.014, petit theft generally involves the unlawful taking of property valued at less than $750. For a first-time offender, this is typically charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
However, if you have a prior conviction for theft — even for something minor like shoplifting — any subsequent theft, regardless of the item's value, can be elevated to a first-degree misdemeanor (punishable by up to one year in jail and a $1,000 fine).
When Petit Theft Becomes a Felony
If you have two or more prior theft convictions, the stakes become much higher. A third offense can be charged as a third-degree felony, regardless of the value of the stolen item.
A third-degree felony carries potential penalties of:
Up to 5 years in prison,
Up to 5 years of probation, and
Fines of up to $5,000.
This shift from a misdemeanor to a felony is a significant leap, both in terms of punishment and the long-term impact a felony conviction can have on your life, including loss of certain civil rights, employment challenges, and difficulties in housing.
Technology Is Watching
In today’s world, the chances of “getting away” with shoplifting are slim. Modern technology has made it nearly impossible to avoid detection. Stores often have sophisticated surveillance systems with cameras that can capture every angle of a shoplifting incident. Even if you believe no one is watching, assume there is always a camera somewhere.
Additionally, stores often share information with local law enforcement, making it easier for authorities to track repeat offenders.
Why You Need to Be Mindful
If you’ve faced a theft charge before, it’s crucial to understand the heightened risks of reoffending. What may seem like a minor act — such as taking a candy bar or a drink — could have life-altering consequences under Florida’s laws.
If you find yourself facing a charge for theft, especially if you have prior convictions, consulting a criminal defense attorney immediately is essential. A knowledgeable attorney can help assess your case, identify possible defenses, and work to minimize the potential penalties.
Takeaway
Understanding the progression of charges under Florida Statute 812.014 can be a wake-up call for anyone tempted to commit theft, even in seemingly minor situations. What starts as a misdemeanor can quickly escalate into a felony with harsh penalties, including prison time. Stay mindful, avoid risky behavior, and if you or a loved one is in trouble, seek legal advice as soon as possible.
If you're facing charges related to theft in Florida, contact McMann, P.A. for a consultation. We’ll provide a clear understanding of your rights and work tirelessly to protect your future.
Mark D. McMann
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