Florida Petit Theft (“Shoplifting”) Charges
Under Florida Statute § 812.014(2)(e) and 812.014(3)(a) Petit Theft is separated into First and Second Degree Misdemeanors, depending on the value of the property that was allegedly taken. Theft up to $300 is classified as a misdemeanor, but if you are charged with stealing $300 or more worth of property, you will be facing a serious felony (see the Grand Theft page).
property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree
So if the value of the property taken was between $100 and $299.99, you will be charged with First Degree Petit Theft and you could be sentenced to any of the following penalties if convicted:
- A maximum penalty of up to one (1) year in prison;
- A maximum penalty of up to one (1) year supervised probation / community control; or
- A maximum penalty of up to a $1,000 fine
- Restitution (repaying the store that you stole from)
- Driver’s License suspension of 6 months for first conviction, one year for each conviction thereafter § 812.014(5)(b)
If the property allegedly stolen was valued at less that $100 then you will be charged with a Second Degree Petit Theft and you could be sentenced to any of the following penalties if convicted:
- A maximum penalty of up to sixty (60) days in jail;
- A maximum penalty of up to six (6) months of supervised probation; or
- A maximum penalty of up to a $500 fine
- Restitution (repaying the store that you stole from)
- (6) months Driver’s License suspension for first conviction or (1) year for each subsequent conviction. § 812.014(5)(b)
** Also, under § 812.014(3)(d) every person convicted of a shoplifting / petit theft charge will have to submit to fingerprints
**Florida law also allows stores to collect civil petit theft penalties (pursuant to Florida Statutes 772.11) in addition to the penalties you could be sentenced to criminally.
Felony Petit Theft:
Under § 812.014(3)(c) “a person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree.” This is known as what’s called “Felony Petit Theft” and you will be facing the possible penalties as if you had committed felony grand theft (third degree felony penalties). Felony Petit Theft is also classified as a Level 1 severity offense under the Florida Criminal Punishment Code and will get you .5 points on your score sheet for every count you are convicted of.
Your Defenses:
The Modarres Law Firm will work with you to go over the facts of your case, and will conduct our own investigation as to what evidence the prosecution has and/or will use against you (i.e. surveillance tapes, proof of identity, etc). We will also aggressively pursue any pre-trial motions that are available to you in your case to either Suppress evidence or have the charges against you dismissed Dismissed altogether.
Out of State Travelers Charged With Shoplifting:
If you are traveling to Orlando on vacation and you’ve been charged with shoplifting at a Target, Walmart, Millenia Mall store, Prime or Premium Outlets, Disney, Epcot Center, Universal Studios, Disney World, Sea World, etc… while you were here in Orlando, The Modarres Law Firm will appear in court for you so you won’t have to spend time and money traveling all the way back to Florida. Hire us on the case, and let us fight the prosecutors for you.
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