Petit theft is one of the most frequently charged crimes in Florida, but it should never be treated as insignificant. A petit theft conviction can still result in jail time, probation, fines, and a permanent criminal record that affects employment, housing, education, and professional licensing.
These cases commonly arise from shoplifting accusations, employee theft allegations, or disputes over property ownership. Many petit theft charges stem from misunderstandings, mistakes, or assumptions about intent rather than clear evidence of criminal conduct.
If you are being investigated or charged with petit theft in Florida, early legal representation is critical. Even a misdemeanor theft conviction can follow you for years and escalate future charges.
Gainesville Petit Theft Defense Lawyer
If you have been accused of petit theft in Florida, you need to act quickly to protect your future. Theft charges are often taken seriously by prosecutors and judges, even when the alleged value of the property is low.
Dean Galigani of the Galigani Law Firm has years of experience defending clients in Gainesville and throughout Florida against theft and property crime charges. He understands how petit theft cases are built, how intent is often assumed rather than proven, and how to challenge loss prevention reports and police narratives.
Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation if you are facing petit theft charges in Gainesville, Ocala, Lake City, or surrounding areas.
Information Center
- Definition of Petit Theft Under Florida Law
- Common Situations Leading to Petit Theft Allegations
- Penalties for Petit Theft in Florida
- Defenses to Petit Theft Charges
- Role of a Florida Petit Theft Defense Attorney
- Key Elements the Jury Considers
- Frequently Asked Questions
- Additional Resources
Definition of Petit Theft Under Florida Law
Petit theft is governed by Florida Statute § 812.014. Theft occurs when a person knowingly obtains or uses, or attempts to obtain or use, another person’s property with the intent to temporarily or permanently deprive the owner of their right to the property or its use.
Petit theft generally applies when:
- The value of the property is less than $750, and
- The property is not a firearm or otherwise subject to enhanced classification
The offense can be charged even if the property is recovered and no financial loss ultimately occurred.
Common Situations Leading to Petit Theft Allegations
Petit theft charges frequently arise from:
- Shoplifting or retail theft accusations
- Alleged concealment of merchandise
- Employee theft or misuse of company property
- Price switching or barcode manipulation
- Leaving a store without paying due to distraction or mistake
- Disputes over ownership or permission to use property
Many cases involve conduct that was not intended to be criminal but is interpreted that way by store security or law enforcement.
Penalties for Petit Theft in Florida
The penalties for petit theft depend on the value of the property and any prior theft convictions.
Second-Degree Petit Theft: If the value of the property is less than $100, the offense is a second-degree misdemeanor.
Potential penalties include:
- Up to 60 days in county jail
- Up to $500 in fines
- Probation
First-Degree Petit Theft: If the value of the property is $100 or more but less than $750, the offense is a first-degree misdemeanor.
Potential penalties include:
- Up to 1 year in county jail
- Up to $1,000 in fines
- Probation
Additional Consequences
Even without jail time, a petit theft conviction may result in:
- A permanent criminal record
- Difficulty obtaining employment or housing
- Immigration consequences for non-citizens
- Civil theft demands from retailers
- Enhanced penalties for future theft charges
Defenses to Petit Theft Charges
- Lack of intent to steal: Theft requires proof of intent to deprive the owner of property. If the accused intended to pay, return the item, or believed they had permission, the required criminal intent may be absent. Prosecutors must prove intent beyond a reasonable doubt, not simply assume it from circumstances.
- Mistake or accident: Many petit theft cases involve honest mistakes, distractions, or misunderstandings. Accidentally leaving a store with unpaid merchandise or mis-scanning an item does not automatically constitute theft. Defense counsel emphasizes the absence of deliberate conduct.
- Insufficient or unreliable evidence: Surveillance footage, witness statements, and loss prevention reports are often incomplete or misleading. Poor video quality, inconsistent testimony, or missing evidence can undermine the prosecution’s case. The state bears the burden of proof at every stage.
- Misidentification: Retail environments are busy and chaotic, increasing the risk of mistaken identity. Store employees or security may incorrectly identify the accused as the person involved. Defense attorneys closely analyze timelines, footage, and witness reliability.
- Unlawful detention or search by store security: Loss prevention officers must follow legal limits when detaining suspected shoplifters. Improper detention, questioning, or searches can violate legal standards. These violations may weaken or invalidate the case.
- False or exaggerated accusations: Some petit theft allegations arise from workplace disputes or misunderstandings rather than criminal behavior. Defense counsel investigates motive, bias, and inconsistencies in the accusation. Not every allegation is truthful or accurate.
Role of a Florida Petit Theft Defense Attorney
- Reviewing surveillance footage and reports: A defense attorney carefully examines video evidence and loss prevention documentation for inconsistencies or missing context. Many cases rely heavily on store narratives that do not match the footage. Identifying these discrepancies is often critical.
- Challenging intent assumptions: Prosecutors frequently assume intent based on outcomes rather than evidence. Defense counsel focuses on what the accused actually intended at the time of the incident. Without proof of intent, the charge cannot stand.
- Negotiating dismissal or diversion: Many petit theft cases are eligible for diversion programs, charge reductions, or dismissal. An attorney negotiates with prosecutors to avoid convictions whenever possible. Early intervention often leads to better outcomes.
- Addressing civil theft demands: Retailers frequently issue civil demand letters alongside criminal cases. Defense counsel helps clients understand their rights and avoid unnecessary payments or admissions. These demands are separate from criminal liability.
- Protecting the client’s criminal record: Avoiding a conviction is often the top priority. Defense attorneys work to preserve future employment and educational opportunities by minimizing record impact. Record protection is especially important for first-time offenders.
- Trial representation when necessary: If a case proceeds to trial, defense counsel challenges evidence, cross-examines witnesses, and emphasizes reasonable doubt. Even misdemeanor cases require skilled advocacy. Trial readiness often strengthens negotiation leverage.
Key Elements the Jury Considers
To convict, the prosecution must prove beyond a reasonable doubt that:
- The defendant obtained or used property
- The property belonged to another
- The defendant intended to deprive the owner of the property
- The value meets petit theft thresholds
Failure to prove any element requires acquittal.
Frequently Asked Questions
Can I go to jail for petit theft?
Yes. Jail time is legally possible, especially for first-degree petit theft or repeat offenses.
Does returning the item dismiss the charge?
No. Returning property does not automatically eliminate criminal liability.
Will petit theft stay on my record?
A conviction results in a permanent criminal record unless sealed or expunged.
Should I talk to store security or police?
You should consult a criminal defense attorney before making any statements.
Additional Resources
Florida Statute § 812.014 – Theft – Defines theft, robbery and related offenses in Florida, including petit theft classifications.
Florida Department of Law Enforcement – Criminal History Records – Provides information about criminal records and background checks.
Florida Rules of Criminal Procedure – Outlines procedures governing misdemeanor criminal cases.
Finding a Petit Theft Defense Attorney in Gainesville, Florida
Petit theft charges may appear minor, but the long-term consequences can be serious. Early legal guidance can make the difference between a clean record and a permanent conviction.
Dean Galigani of the Galigani Law Firm represents individuals charged with petit theft throughout Gainesville, Alachua County, Ocala, Lake City, and surrounding areas of Florida.
If you are facing petit theft charges, contact the Galigani Law Firm today at (352) 375-0812 for a free consultation and experienced legal representation.
