St. Petersburg theft lawyer

Petit theft vs. grand theft in Florida

Section 812.014 of the Florida Statutes sets the charge by the value of what was taken. Since 2019 the line between petit theft and grand theft has been $750. Before that it was $300, so older articles you find online may give the wrong number.

• Under $100: petit theft, a second-degree misdemeanor.
• $100 to under $750: petit theft, a first-degree misdemeanor.
• $750 to under $20,000: grand theft, a third-degree felony.
• $20,000 to under $100,000: grand theft, a second-degree felony.
• $100,000 or more: grand theft, a first-degree felony.

Some property is grand theft no matter what it's worth, including a firearm or a motor vehicle. Prior records also change the charge. Petit theft with one prior theft conviction is a first-degree misdemeanor, and with two or more priors it becomes a third-degree felony. The ladder below shows the maximum sentence and fine for each degree of offense in Florida.

Value is often where we push back first. The State has to prove market value at the time of the theft, which is usually less than the price tag or what the owner paid. Moving a charge under $750 turns a felony into a misdemeanor.

Shoplifting and retail theft charges in Pinellas County

Florida law lets a store employee who has probable cause hold you for a reasonable time and call police. Under the statute, an anti-theft alarm going off as you walk out is enough reason for the store to detain you. If you resist the employee's effort to recover the merchandise, you can be charged with a separate first-degree misdemeanor on top of the theft.

Retail theft can also become a felony through aggregation. Under section 812.015, thefts from more than one store within a 120-day period can be added together, and if the total reaches $750, the charge is a third-degree felony. The same is true when several people coordinate a theft. A second petit theft conviction from a merchant also carries a mandatory fine of $50 to $1,000.

For a first, small shoplifting case, the Pinellas County Sheriff's Office runs the Adult Pre-Arrest Diversion program, which can resolve some cases with community service and a class in place of a criminal charge. If you were already booked, misdemeanor Pre-Trial Intervention may still be available.

Civil demand letters after a shoplifting arrest

A few weeks after a shoplifting arrest, many people get a letter from a law firm working for the store. It demands money under section 772.11, Florida's civil theft statute. The law allows a store to demand $200 or three times its actual damages before filing a lawsuit, and if you pay within 30 days you receive a written release from further civil liability for that incident.

This letter is separate from the criminal case. Paying it does not get the charge dropped, and the criminal case goes forward whether you pay or not. Whether to pay is a decision we can talk through with you once we see the letter and the facts.

Scheme to defraud and dealing in stolen property

Organized fraud, often charged as a scheme to defraud under section 817.034, is graded by the total amount obtained. Under $20,000 is a third-degree felony, $20,000 to under $50,000 is a second-degree felony, and $50,000 or more is a first-degree felony. These cases are usually built from bank records, invoices and emails, and the defense often turns on intent: a business dispute or a bad debt is not a crime.

Dealing in stolen property under section 812.019 is a second-degree felony. It applies to anyone who sells or buys property they knew or should have known was stolen, which is why pawn shop transactions lead to so many of these charges in Pinellas County. Organizing the theft and resale is a first-degree felony.

How a theft charge can be reduced or dismissed

In many theft cases, what the victim wants most is to be paid back. Restitution paid early can move a prosecutor to reduce a felony to a misdemeanor, or a misdemeanor to a dismissal, especially for someone with no record. Pre-Trial Intervention under section 948.08 is open to many first offenders charged with a misdemeanor or a third-degree felony, with the consent of the victim and the State Attorney. When you finish the program, the charge is dropped.

Doug Greenberg spent the beginning of his career as a state prosecutor, and he knows what the State Attorney's Office looks for before agreeing to a reduction. We also look at the evidence itself: store video, how the loss prevention employee identified you, and whether a statement you made can be kept out. If the State won't agree to a fair outcome, we're prepared to try the case.

Why a theft conviction follows you

Under section 90.610 of the Florida Evidence Code, a conviction for a crime involving dishonesty can be used to attack your credibility if you ever testify as a witness, regardless of how small the case was. Theft counts as a crime of dishonesty. Employers see it the same way, and a theft conviction often ends a job application in retail, banking, health care or anything involving cash.

If a judge adjudicates you guilty of theft, the record can never be sealed or expunged in Florida, and it stays on your record permanently. A conviction for organized fraud under section 817.034 can't be sealed even with a withhold of adjudication. A dismissal, a PTI completion or a withhold on most other theft charges keeps the door open to sealing or expunging the record later.