If you’re facing theft charges in Florida, it’s essential that you understand the difference between petty and grand theft. The differences go beyond the value of the items allegedly stolen because the potential penalties have far-reaching consequences for those convicted.
What Is Theft?
Theft is the act of stealing someone else’s property with the intent to temporarily or permanently deprive the owner of it or use it for oneself. However, theft is not the same thing as burglary or robbery, despite how these terms are often used in ordinary conversation. Burglary is the act of breaking and entering into a property, while robbery is the act of stealing property with the threat or use of force.
Petty vs. Grand Theft in Florida
The first main distinction between petty and grand theft is the value of the allegedly stolen property. In general, you can differentiate between these charges in the following ways:
- Petit theft involves stealing property worth up to $750 or stealing property worth less than $40 from a residence.
- Grand theft involves stealing property worth at least $750 or stealing property worth at least $40 from a residence.
Petty and Grand Theft Penalties
The second main distinction between these types of theft is in the penalties. Petty theft is either a second-degree misdemeanor (if the value of the stolen property is less than $100) or a first-degree misdemeanor. A second-degree misdemeanor can result in up to 60 days in jail and fines of up to $500. A first-degree misdemeanor can result in up to one year of imprisonment and $1,000 in fines.
The degree of the felony charged for grand theft depends on the value of the items stolen and other details of the crime:
- First-Degree Felony – If the stolen property is worth at least $100,000, a conviction can result in up to 30 years of imprisonment and $10,000 in fines.
- Second-Degree Felony – If the stolen property is worth at least $20,000 and less than $100,000, a conviction can result in up to 15 years of imprisonment and $10,000 in fines.
- Third-Degree Felony – If the stolen property is worth at least $750 and less than $20,000 or is worth at least $40 and was stolen from a residence, a conviction can result in up to five years of imprisonment and $5,000 in fines.
In the long term, a conviction for theft can make it harder to land a job or seek higher education. While you may be able to get a misdemeanor conviction for petty theft expunged from your record, felony convictions likely can’t be expunged. For this reason, it’s essential that you work with an experienced criminal defense attorney from the start.
Possible Defense Strategies
If you’re facing theft charges, it’s crucial to begin working on your defense strategy as soon as possible. Some of the most common defense strategies include:
- Lack of Intent – This defense involves showing that you didn’t mean to commit theft.
- Mistaken Ownership – This defense involves showing that you thought the property belonged to someone else and believed you had permission to take it or that you believed the property was yours.
- Owner Consent – This defense involves showing that the owner of the property consented to you taking it.
- Value Dispute – This defense involves disputing the property’s value, which could reduce the charges.
- Entrapment – This defense involves showing that you would not have committed the theft if not for the encouragement of law enforcement.
Contact Our Florida Criminal Defense Attorneys
Contact The Sombathy Law Firm for an initial consultation with one of our experienced criminal defense attorneys. We’ll review your case, explain the charges and penalties you’re facing, and go over some of the defense strategies we may be able to use in your case.
