Have you been arrested for Petit Theft in Central Florida?? If so, the attorneys in our office have handled thousands of these types of cases. Below you will find an overview of the Petit Theft statute 812.014.
3)(a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as applicable.
(b) A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
As you can tell by the aforementioned statute, Petit Theft is a crime that can be enhanced. The maximum punishment for a first time Petit Theft (under $300.00) is 60 days in jail. It can also be punishable by up to 6 months probation and or a $500.00 fine. If you find yourself facing a second Petit Theft charge, the maximum is 364 days in jail or 12 months probation and or a $1,000.00. If it’s your third Petit Theft charge, it can be upgraded to a third degree felony which carries a maximum of 5 years in prison or 5 years probation and or a $5,000.00 fine.
In addition to the potential criminal sanctions, your driving privilege can be in jeopardy as well.
(5)(b) In addition to the penalties prescribed in paragraph (3)(a), every judgment of guilty of a petit theft for property described in this subsection shall provide for the suspension of the convicted person’s driver’s license. The court shall forward the driver’s license to the Department of Highway Safety and Motor Vehicles in accordance with s. 322.25.
1. The first suspension of a driver’s license under this subsection shall be for a period of up to 6 months.
2. The second or subsequent suspension of a driver’s license under this subsection shall be for a period of 1 year.
All of the aforementioned could be avoided or seriously reduced if you hire an attorney. There are many resolutions that could be attained ranging from dismissal and or non-conviction through an acquittal at trial.
If you find yourself facing a Petit Theft charge, take it seriously. Help is just a phone call away.
-Chris Atcachunas, Esquire
