What is petit theft in Florida?

What is Petit Theft in Florida?

Petit theft is a type of theft in the state of Florida, defined as the taking or possessing of property valued between $100 and $300. It is a significant criminal offense in Florida, with consequences ranging from misdemeanor charges to felony charges in more severe cases. In this article, we will explore the definition, legal provisions, and consequences of petit theft in Florida, helping you understand this vital topic.

Definition

In Florida, petit theft is defined in Florida Statutes, Section 812.014(1): "Petit theft means: taking or carrying away the tangible personal property of another, or an intended appropriation of such property. In this subsection, ‘intended appropriation’ includes a situation where a person obtains or exercises control over another’s property with an intention to convert it, without the owner’s effective consent."

Key aspects of the definition are:

• Tangible personal property: This can be any type of item or object that can be stolen, such as valuables, jewelry, tools, electronics, or anything of value.
• Appropriation: Intending to take or exert control over the property for the purpose of converting it for personal gain or another unintended use.
• Owner’s effective consent: Lacking the owner’s consent, whether express or implied, to take possession or control of the property.

Legal Provisions

In Florida, the statute governing petit theft, 812.014(3), outlines the circumstances in which petit theft occurs and the consequences of being accused and convicted. Key aspects include:

• Degree: Petit theft is graded on a scale of theft levels, with higher amounts affecting the severity of the penalty:

• Degree | Value Range
• 2nd-degree petit theft | $100-$200
• 1st-degree petit theft | $200-$300
  • Intent: The presence or absence of intent (‘knowledge, recklessness or intentional’ theft) factors in the determination of culpability and punishment.
  • Aggravating Circumstances: Certain elements may enhance the penalty:
• Breach of trust: Theft occurs within a position of trust or authority.
• Domestic violence: Property was taken from a current or former spouse, within two years of the breach of the peace.
• Multiple thefts: More than one occurrence within a 6-month period.

Consequences of Petit Theft

Being charged and convicted of petit theft in Florida can have serious consequences, including fines, imprisonment, and additional consequences:

• Punishment:

• 2nd-degree petit theft: Up to 60 days in county jail and/or a maximum fine of $500
• 1st-degree petit theft: Up to 1 year in the Florida Department of Corrections (DOC) and/or a maximum fine of $1,000
  • Records: A conviction of petit theft may result in:
• Record-keeping: The felony charge is recorded on a permanent criminal record.
• Background Checks: May affect future employment or loan applications.
  • Probation: As an alternative to imprisonment, prostitution (i.e., community service or monitored release) may be assigned.
  • Victim Compensation: The injured party may seek restitution.

Prevention and Solutions

To avoid falling prey to petit theft or accused of committing it, practice preventive measures:

• Securing Property: Safeguard valuable items, considering anti-theft devices (locks, alarms, RFID), secure storage, or destruction.
• Eavesdropping: Implement camera surveillance and motion-detecting lighting.
• Background Checks: Hire professionals or vendors with impeccable reputation and background checks.

When facing accusations of petit theft, seek legal advice:

• Hiring a Lawyer: Engage the services of an attorney who is knowledgeable about theft and property laws in Florida.

Conclusion

In Florida, petit theft is a significant criminal offense defined by the taking or possession of property valued between $100 and $300 without the owner’s consent. Familiarize yourself with legal provisions, consequences, and preventative measures to avoid unnecessary stress and potential legal fallout.

Table: Legal Consequences of Petit Theft