Petit Theft in Florida
Under Florida Statute 812.014(2)(e), the crime of Petit Theft is defined as the unlawful taking of property worth less than $750.
To prove the crime of Petit Theft, the State must prove a person took another person’s property with the intent to deprive the person of a right or benefit of the property; or took the property for personal use or the use of another person not entitled to the use of the property.
Penalties for Petit Theft
There are two degrees of Petit Theft that can be committed in Florida and the value of the property stolen determines whether the crime is Petit Theft of the Second Degree or Petit Theft of the First Degree
Petit Theft of the Second Degree
If the value of the property stolen is worth less than $100, the crime is considered Petit Theft of the Second Degree.
If convicted of Petit Theft of the Second Degree, a judge can impose any combination of the following penalties:
- Six (6) months in jail,
- Six (6) months of probation, or
- A fine of up to a $500.
Petit Theft of the First Degree
It is considered Petit Theft of the First Degree if (1) the value of the property stolen is worth less than $750, but more than $100; or (2) you have a prior theft conviction.
If convicted of Petit Theft of the First Degree, a judge can impose any combination of the following penalties:
- One year in jail,
- One year of probation, or
- A fine of up to a $1,000.
Statute of Limitations for Petit Theft
Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Petit Theft and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15.
As a result, a prosecution for Petit Theft can be brought up to five years after the offense was committed (and even longer in some cases). [1]
Defenses to Petit Theft
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Petit Theft are:
Equal Ownership
A co-owner of property cannot be convicted of Petit Theft for taking the property unless the complaining co-owner had a superior legal interest in the property. [2]
Good Faith Possession
Under Florida law, the crime of Petit Theft requires proof of a taking with the intent to steal. A person who takes possession of an item with the good faith belief in the right to the property lacks the requisite intent to commit theft. As a result, a well-founded belief in one’s right to allegedly stolen property constitutes a complete defense to the crime of Petit Theft. [3]
Mere Presence
Under Florida law, mere presence at the scene of a crime, mere knowledge that an offense is being committed, or even a display of questionable behavior after the commission of a crime is insufficient, standing alone, to establish participation in the crime. [4]
As a result, if you accompany a friend to a store and the friend commits Petit Theft, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the crime of Petit Theft.
Valueless Property
Simply put, it is impossible to steal trash because Florida law only criminalizes the stealing of “property.”
Property is defined as “anything of value” and the value is the “the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” [5]
Thus if someone places something by the road, it has become trash that presumably has no value.
Voluntary Abandonment
It is a defense to the crime of Petit Theft that a defendant abandoned the attempt to commit the petit theft under circumstances indicating a complete and voluntary renunciation of the criminal purpose. [6]
Involuntary Abandonment
While voluntary abandonment is a defense to the crime of Petit Theft, involuntary abandonment is not a defense. The distinguishing characteristic between the two is the reason for abandoning the petit theft. [7]
A voluntary abandonment occurs when your conscious, unprompted by encountered circumstances, causes you to withdraw from the attempted petit theft.
On the other hand, an involuntary abandonment occurs when unanticipated circumstances (i.e. belief scheme discovered) causes a person to withdraw from the attempted petit theft.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Petit Theft in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.
References
- Schuster v. State, 21 So. 3d 117, 118 (Fla. 5th DCA 2009)
- Russ v. State, 830 So. 2d 268 (Fla. 1st DCA 2002)
- Bartlett v. State, 765 So. 2d 799 (Fla. 1st DCA 2000)
- Gabriel v. State, 254 So. 3d 558 (Fla. 4th DCA 2018)
- Holloway v. State, 755 So. 2d 169 (Fla. 4th DCA 2000)
- Longval v. State, 914 So. 2d 1098 (Fla. 4th DCA 2005)
- Carroll v. State, 680 So. 2d 1065 (Fla. 3d DCA 1996)