Florida Criminal Law: What Are the Elements of the Crime of Petit Theft? :: Jacksonville Criminal Defense Attorney Blog

In Florida, being charged with a crime, like petit theft, requires the police investigation to find that you have met all of the elements of the crime of petit theft and that the State Attorney’s office feels the investigation and related evidence support the crime of petit theft to a degree that it can be proven to a jury of your piers. In so doing, the Florida State Attorney’s Office for your circuit, Jacksonville is in the Fourth Circuit, can actually prove all elements of the crime of petit theft to get a conviction.

Petit theft has two possibilities, since there are two possible charges for the crime. The first possible charge is that of first degree petit theft, which requires the following:
1. A theft occurred, meaning property was taken from another for one’s permanent or temporary use;
2. The property stolen has a value of at least $100, but less than $300;
3. That the stolen property not meet the definition of any degree of Grand Theft as defined in Florida Statute 812.014.

The second possible charge is second degree petit theft, which has the following elements to be shown and proven to a jury for a convition:
1. A theft occurred;
2. The stolen property has a value of less than $100;
3. That the stolen property is not defined by any definition of grand theft or first degree petit theft.

If you have been charged with second degree petit theft, then you should speak with a criminal lawyer about your rights and options.

Posted by Keith Maynard | Permalink | Email This Post

Posted In: Criminal Law , Theft