I have extensive experience in defending all petit theft cases in Orange County and Seminole County. I examine each theft case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced petit theft attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid an conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully stopped, detained and arrested?
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false? Were there any witnesses to this incident?
- Were you read your Miranda rights? Were your statements obtained illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS PETIT THEFT
Petit Theft (also know at petty theft) is defined by Florida Statutes 812.014 as taking someone else’s property valued at less than $750.
HOW IS PETIT THEFT PROVEN IN FLORIDA?
To prove the crime of petit theft, the State must prove the following element beyond a reasonable doubt:
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
Full Florida standard jury instructions
PENALTIES FOR PETIT THEFT
Petit theft can be a first-degree or second-degree misdemeanor.
If the value of the items stolen is between $100 and $300 it is a first degree misdemeanor. Penalties can include up to one year in jail, one year probation, and fines of up to $1,000. If you have a prior theft conviction, you will be charged with first degree petit theft. If the value of the items stolen is less than $100, it is a second degree misdemeanor. Penalties can include up to six months in jail, six months of probation, and a fines of up to $500. Other sanctions include:
- Supervised probation
- Anti theft course course
- No return to location of crime
- Permanent criminal conviction
- Community Service
Aggregating Petit Theft Charges
If a person commits multiple acts of petit theft, the value of each individual petit theft committed within a 30-day period can be aggregated together. This may cause a misdeanor offense to be upgraded to a felony offense if the total theft amount of the merchandise is between $750 to $3,000. Aggregated amounts over $3,000 are second-degree felonies.
DEFENSES FOR PETIT THEFT
There are many defenses available to contest a charge of petit theft. Some of the more common defenses include the following:
- Good faith possession
- Valueless property
- Equal ownership .
- Voluntary abandonment
- Mistaken Identity
- Lack of Evidence or Conflicts in the Evidence.
I DEFEND ALL THEFT CASES
If you were recently arrested or charged with any Florida theft case, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have extensive experience in defending all petit theft cases in Orange County and Seminole County. I examine each theft case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced petit theft attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid an conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully stopped, detained and arrested?
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false? Were there any witnesses to this incident?
- Were you read your Miranda rights? Were your statements obtained illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS PETIT THEFT
Petit Theft (also know at petty theft) is defined by Florida Statutes 812.014 as taking someone else’s property valued at less than $750.
HOW IS PETIT THEFT PROVEN IN FLORIDA?
To prove the crime of petit theft, the State must prove the following element beyond a reasonable doubt:
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
Full Florida standard jury instructions
PENALTIES FOR PETIT THEFT
Petit theft can be a first-degree or second-degree misdemeanor.
If the value of the items stolen is between $100 and $300 it is a first degree misdemeanor. Penalties can include up to one year in jail, one year probation, and fines of up to $1,000. If you have a prior theft conviction, you will be charged with first degree petit theft. If the value of the items stolen is less than $100, it is a second degree misdemeanor. Penalties can include up to six months in jail, six months of probation, and a fines of up to $500. Other sanctions include:
- Supervised probation
- Anti theft course course
- No return to location of crime
- Permanent criminal conviction
- Community Service
Aggregating Petit Theft Charges
If a person commits multiple acts of petit theft, the value of each individual petit theft committed within a 30-day period can be aggregated together. This may cause a misdeanor offense to be upgraded to a felony offense if the total theft amount of the merchandise is between $750 to $3,000. Aggregated amounts over $3,000 are second-degree felonies.
DEFENSES FOR PETIT THEFT
There are many defenses available to contest a charge of petit theft. Some of the more common defenses include the following:
- Good faith possession
- Valueless property
- Equal ownership .
- Voluntary abandonment
- Mistaken Identity
- Lack of Evidence or Conflicts in the Evidence.
I DEFEND ALL THEFT CASES
If you were recently arrested or charged with any Florida theft case, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
