Florida Criminal Law: Is the Crime of Petit Theft a Misdemeanor or Felony?
For purposes of Florida criminal law, there is a difference between stealing a candy bar than stealing a car. Not only are the crimes different, but the charge in itself is different. Regardless of theft being the common theme, the crimes are defined differently by Florida Statute, therefore, they are normally investigated by the police (i.e. Jacksonville Sheriff's Office) and prosecuted differently by the State Attorney (i.e. Angela Corey in Jacksonville and related assistant state attorneys). Understanding the crime you have been charged with can be helpful in formulating the proper defense.
Florida Statute 812.014 defines petit theft as stealing property valued over $100 and less than $300, not from someone's home; or property that is worth less than $100 that does not fit into the crime of Grand Theft in any degree. However, the charges are different in that a petit theft of property valued at more than $100 and less than $300 is a misdemeanor of the first degree while property valued at less than that is a second degree misdemeanor. The degree of the charge weighs heavily on the possible sentence that can be imposed.
If you have been charged with petit theft in Florida, then you should speak with a criminal lawyer about your rights and option.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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