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Petty Theft

The designation of theft crimes as either “grand” or “petty” is relatively well-known, with grand theft being severe (like grand theft auto) and petty theft being simple, like shoplifting. Legally speaking, though, things are a bit more complicated than that. If you’ve been charged with a theft crime, or suspect you may be under investigation for some form of theft, contact petty theft defense attorney Will Hanlon with Hanlon Law in Lakeland today to schedule a free consultation.


What is Theft?


To understand petty theft, we first have to understand theft itself, and how petty theft differs from grand theft. 


According to Florida Statute 812.014, theft is defined as “permanently or temporarily obtaining and/or using (or attempting to obtain and/or use) another person’s property without that person’s knowledge and/or consent.” 


“Obtaining and/or using” is further defined as any of the following: 


  • Depriving the rightful owner of their right to their property
  • Depriving the rightful owner their rights to the benefits of their property
  • Appropriating property from its rightful owner for your own use
  • Appropriating property from its rightful owner for the use of any person or persons not entitled to it


It’s important to note that the statute precedes this definition with the word “knowingly.” In doing so, the law requires an intent to commit theft in order for theft to occur. That is, you have to actually mean to steal something from someone in order to have stolen it. 


For example, say you lend a jacket to a friend, and retrieve it the next time you see them. But your friend left their wallet in the pocket, and you discover this when you get home. You didn’t know the wallet was there, and didn’t intend to take it. Assuming you return the wallet upon discovering it, you lacked any intent to deprive your friend of the right to their wallet, and therefore, did not commit theft. 


What is Petty Theft?


Now that we understand theft as a crime, we can break it down into its two subcategories: petty and grand. Theft always involves property of some kind that’s been stolen, and that property has a value. That value determines whether or not the crime is classified as grand or petty. 


Petty theft, legally known as petit theft (petit is the French word for little), occurs when the property in question is valued at less than $750. Grand theft occurs when the property is valued at more than $750. 


What are the Consequences of Petty Theft Charges? 


While any theft of property valued less than $750 is charged as petty theft, the sentencing will depend on how much specifically the property is valued at. 


Second-Degree Petit Theft 


The property is valued under $100. Charged as a second-degree misdemeanor. Punishable by up to 60 days in jail (or up to 6 months of probation) and a $500 fine.


First-Degree Petit Theft


The property is valued between $100 and $750. Charged as a first-degree misdemeanor. Punishable by up to 12 months in jail (or up to 12 months of probation) and a $1,000 fine. 


Felony Petit Theft


Property is valued under $750, and the perpetrator has 2 or more prior theft convictions. Charged as a third-degree felony. Punishable by up to 5 years in prison (or up to 5 years of probation) and a $5,000 fine. 


Exceptions to the Petty Theft Rule


There are always exceptions to the rule, and petty theft is no different. There are some cases in which the property in question can be valued at less than $750 and end up charged as grand theft instead of petty theft. 


If the stolen property is: 


  • A will, codicil, or other testamentary instrument
  • A firearm
  • A motor vehicle
  • Any commercially farmed animal
  • Any fire extinguisher
  • 2,000 or more individual pieces of citrus fruit
  • Any stop sign
  • A controlled substance above a certain amount
  • Taken from a designated construction site (if that construction site is property identified by posted sign)
  • Taken from a dwelling or enclosed curtilage of a dwelling


It can be considered third-degree grand theft, which is charged as a third-degree felony and is punishable by up to 5 years in prison (or up to 5 years of probation) and a $5,000 fine. 


If the stolen property is:


  • Emergency medical equipment taken from a licensed facility, aircraft, or vehicle (so long as the equipment is valued at $300 or more)
  • Law enforcement equipment taken from an authorized emergency vehicle (so long as that equipment is valued at $300 or more)


It can be considered second-degree grand theft, which is charged as a second-degree felony. As such, it’s punishable by up to 15 years in prison (or up to 15 years of probation) and a $10,000 fine. 


Lakeland Criminal Defense Lawyers 


As you can see, even petty theft charges can still result in jail time and hefty fines, and they should not be taken lightly. Luckily, there are a variety of defenses to consider against theft charges, and an experienced criminal defense attorney will be able to help you navigate your options. Will Hanlon with Hanlon Law has spent nearly two decades representing the accused. Our dedicated legal team will advocate aggressively on your behalf to help you secure the best possible outcome. Don’t wait – contact Hanlon Law today to schedule a free consultation.

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