Petit (Petty) Theft in Florida

In Florida, the second most commonly committed crime (after drug offenses) is theft.  According to the FBI, a theft is committed every minute in Florida. The potential penalty and seriousness of a theft charge is based on the amount of the item taken and the circumstances.

Two Categories of Theft

Thefts are broken down into two main categories, misdemeanors and felonies. Thefts under $100 are petit theft and are punishable by up to a $500 fine and 60 days in jail.  Almost all thefts between $100 and $300 are also misdemeanor petit thefts, but are punishable by up to one year in jail and a $1,000 fine.  The exception is taking an item from a dwelling or the curtilage (most commonly the front porch) that has a value over $100.  Any item taken under that circumstance is a felony.  Additionally, any theft of an item valued at $300 or more is felony.

The seriousness of the felony goes up based on the amount and the circumstances.  The least serious theft felony is punishable by up to five years in state prison and a $5,000 fine.  The most serious can be punishable by 30 years in prison and a $15,000 fine.  There are numerous circumstances that can enhance the potential penalty of theft.  They can include the age of the victim(s), the location of the theft, the specific item that was taken, and what person and/or agency the item was taken from.  This is a limited list that does not include the full range of circumstances that can be considered under Florida law.

Consequences of Theft Charges

All thefts charges (if you enter a plea or are convicted) can result in a court order for restitution to the victim.  Failure to pay this restitution can result in incarceration if it is a condition of probation, and a court finds you had the ability to pay and did not.

The threshold amount of $300 to charge a felony theft in Florida is one of the lowest in the country, and has been in place since 1986.  Most states surrounding Florida have a felony threshold over $1,000 and have set that amount in the last five to ten years.  The value of items has changed substantially in the last 30-plus years, but Florida has stubbornly clung to this amount, resulting in thousands of people being charged with felonies who otherwise would be facing misdemeanor charges.  The most common examples include individuals who take a few clothing items or makeup from a department store.

This threshold results in numerous cases where young people with no criminal history make the poor choice to take items from a store and end up arrested, looking at possible felony charges.   Oftentimes plea bargaining or completion of diversion programs resolves these cases without a felony conviction.  Prosecutors have wide discretion in deciding how to handle these cases.  The location of the alleged crime can result in vastly different outcomes, even if they are only separated by 30 or 40 miles.  A prosecutor in one community may be willing to offer a diversion program that results in the charges being dismissed, while a prosecutor in another community may require a plea to probation with the possibility of a conviction. For example, in Gainesville, if you have never been in trouble before, a first time petit theft allegation will almost always result in a deferred prosecution.  A deferred prosecution is a contract between you and the State Attorney’s Office wherein if you complete the terms of the agreement (typically including making a donation, paying an administrative fee, and staying out of trouble), the State will dismiss the charges against you.

What to do If You Have Committed a Theft

If you are alleged to have committed a theft from a store, you may receive a letter from an attorney representing the store demanding that you pay them to avoid a civil suit.  The amount can vary but it is typically around $250. This action is very common in Florida, as the state has a statute that specifically allows companies to file a civil suit and recover damages even if the property is returned.  The basis of the statute is to allow companies to recover damages to offset the costs they pay for loss prevention.   

The worst case scenario is the actual filing of a civil suit against you. This is very rare. However, if that happens, the costs will be at minimum thousands of dollars to defend or resolve.  Most people just pay the amount demanded for peace of mind.

If you or a family member is accused of theft, it is always a good idea to consult with an attorney to get a better understanding of the situation and possible consequences.  If you need further information or have questions, feel free to call the experienced Gainesville, Florida’s criminal defense attorneys at Avera & Smith.