Florida Criminal Law: How Is Petit Theft Defined by Florida Statute?
Florida statutes provide definitions to crimes and their related penalties. However, a crime may have different degrees depending on the action, the severity of the action and whether a weapon was used to commit the crime. In Florida, theft has multiple meanings that are based on the following: the type of items stolen; the method in which they were stolen; and the value of the property stolen. It is up to the police investigation, like the Jacksonville Sheriff’s Office to make the arrest and booking of the crime that best fits the definition. However, it is up to the State Attorney’s Office to formally charge the crime based on what elements can be proven.
After grand theft is defined in Florida Statute 812.014, all things that are not defined in the Florida Statute as grand theft, in the third, second or first degree, are petit thefts. A petit theft in the first degree is defined in Florida Statute 812.014 as any property stolen (not previously defined in the statute) that is valued at more than $100 and less than $300.
Since petit theft in the first degree requires property to be valued at more than $100, for theft of property valued at less than $100 is considered petit theft in the second degree. The charge and maximum penalties differ from that of a first degree crime.
If you have been charged with petit theft, then you should speak with a criminal lawyer to better understand your rights and options.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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