Miami Petit Theft Lawyer

Attorney Defending Against Misdemeanor Theft Charges in Miami, Florida

Property crimes will often involve accusations of theft. Depending on the circumstances of an alleged offense, theft may be charged as either a misdemeanor or a felony. Cases involving misdemeanor charges will typically be classified as petit theft because they will usually involve the alleged theft of relatively small amounts of money or property.

Even though petit theft is usually a misdemeanor offense rather than a serious felony, these charges can still lead to penalties that could affect your life. Along with the possibility of fines and a jail sentence, you will have a criminal record that may affect many areas of your life. You may also be required to pay restitution.

Many people facing petit theft charges are first-time offenders accused of shoplifting, taking items from employers, or other offenses that may be based on misunderstandings. Stroleny Law: Criminal Defense Attorney can provide dedicated legal help in these cases. Our lawyer will advise you on how Florida's laws apply in your situation, the circumstances that may affect your case, and the defense strategies that may be used to challenge the accusations and help you secure a favorable outcome to your case.

How Florida Law Defines Petit Theft

Under Florida Statutes § 812.014, petit theft generally involves property valued below $750. A person who is arrested for the theft of items worth at least $100 but no more than $750 may be charged with first-degree petit theft, which is a first-degree misdemeanor. These charges may lead to a jail sentence lasting for up to one year, as well as a fine as high as $1,000. When theft allegedly involves taking something worth less than $40 from someone's residence is also classified as first-degree petit theft.

When accusations involve the theft of property valued at less than $100 may be charged with second-degree petit theft, which is a second-degree misdemeanor. A conviction could lead to a jail sentence lasting for up to 60 days, and the maximum fine in these cases is $500. A second offense will typically result in first-degree misdemeanor charges.

When someone faces accusations of stealing property worth more than $750, or if they are accused of stealing property worth more than $40 from a residence, they may be charged with grand theft, which is a felony offense. First-degree petit theft may also be charged as a felony if a person has one previous conviction, and any form of petit theft may result in felony charges if a person has two previous convictions.

Situations That May Lead to Petit Theft Charges

Accusations of shoplifting are one of the most common reasons for petit theft charges. Other cases may involve accusations of employee theft in which employers claim that workers took money or property without authorization. These cases may be disputed when employees believed that they had permission to take items, were unsure about whether property actually belonged to employers, or when missing items may have been misplaced rather than stolen.

Petit theft charges may involve claims that a person took personal property that belonged to someone else. Accusations may involve taking items from roommates, family members, acquaintances, or strangers. These cases often involve disputes about whether property was given, loaned, or taken without permission.

Cases involving the theft of services may include charges of leaving a restaurant without paying bills, obtaining services under false pretenses, or not paying for completed work. These cases may involve misunderstandings about payment arrangements or disputes about whether the service provided met the proper quality standards.

Defense Strategies in Petit Theft Cases

Our lawyer can help determine what approach to take when a person is accused of theft. He may argue that there was no intent to steal money or property. In these cases, he may present evidence showing that a client did not intend to permanently take property, that they believed they had permission to take items, or that they intended to pay but were unable to complete a transaction.

Establishing that a person legally owned property or had permission to possess it may be a defense against theft charges. In cases involving disputes between roommates, family members, or business partners, our attorney can present evidence that a person owned property or had authorization to take it.

It may be possible to demonstrate a lack of knowledge if our client did not know that they possessed someone else's property. In cases involving vehicles or bags that contained multiple people's belongings, our lawyer can present evidence showing that a client was unaware of items in their possession.

Challenging the valuation of the property involved in a case may be a way to reduce the potential charges. Prosecutors may overstate the value of the items that were allegedly stolen. Our attorney can obtain evidence of the actual value to ensure that the charges reflect the severity of the alleged offense. In some cases, this may allow for a reduction of charges from grand theft to petit theft or from first-degree petit theft to second-degree petit theft.

Our lawyer may also negotiate with prosecutors to resolve a case while avoiding a conviction. Pretrial diversion programs may be available, and successfully completing requirements such as performing community service, taking education classes, and paying restitution may result in the dismissal of charges, allowing a person to avoid a criminal record.

Contact Our Miami, FL Petit Theft Attorney

Petit theft charges may not seem serious, but a conviction can lead to criminal penalties and other consequences. With a criminal record showing a theft conviction, you may struggle to find or maintain employment, and you may encounter other difficulties in your life. At Stroleny Law: Criminal Defense Attorney, we understand how to defend against petit theft charges and other property crimes. Our attorney can help you determine the best strategies to use to achieve a positive outcome to a case involving theft charges. Contact our Miami petit theft defense lawyer at 305-615-1285 to set up your free consultation today.