When Does Petit Theft Become a Felony Charge in Miami?

Petit theft, sometimes called petty theft, refers to the theft of property valued under $750 in Florida. While it may seem like a minor offense, petit theft can lead to serious criminal penalties depending on the circumstances and your prior record.

In Miami, whether petit theft is a misdemeanor or felony charge depends on a few key factors:

• Value of the stolen property
• Location of the theft (i.e. from a dwelling)
• Number of your prior petit theft convictions
• Involvement of a firearm

Let’s break down when petit theft crosses the line into felony territory in Miami:

Petit Theft as a Misdemeanor

Petit theft is generally charged as a misdemeanor offense in Miami. There are two classes of misdemeanors:

Second-Degree Misdemeanor

This is the lowest level misdemeanor charge for petit theft in Miami. It applies when the value of the stolen property is less than $100.

Potential penalties include:

• Up to 60 days in jail
• Up to 6 months probation
• A fine up to $500

First-Degree Misdemeanor

This misdemeanor charge applies if the stolen property is worth between $100-$750. It also applies if the theft occurred in a dwelling.

The penalties can include:

• Up to 1 year in jail
• Up to 1 year probation
• A fine up to $1,000

In addition, a petit theft conviction leads to a 6 month driver’s license suspension for a first offense, and up to 1 year for a second offense.

When Petit Theft Becomes a Felony

There are a few scenarios where petit theft can cross into felony territory in Miami:

Repeat Offender

If you have prior petit theft convictions on your record, a new charge may be elevated to a felony. Specifically:

• 2+ prior petit theft convictions = 3rd degree felony

A 3rd degree felony carries up to 5 years in prison.

Firearm Involvement

If you are caught stealing even a small item like a $20 shirt, but have a firearm on you, this can turn a petit theft into a felony grand theft charge.

Habitual Offender

Under Florida’s habitual felony offender law, if you have prior felonies on your record, a new petit theft charge can also be enhanced to a felony.

Defenses Against Petit Theft

If you are facing a petit theft charge in Miami, some possible defenses include:

• Mistaken identity
• False accusations
• Poor quality video disputing your involvement
• You lacked criminal intent to steal
• The property’s value makes the charge improper

An experienced Miami theft crimes defense lawyer can evaluate the evidence against you and build the strongest defense to fight the charges.

Get Help Fighting Petit Theft Charges

Petit theft charges should always be taken seriously in Miami. The consequences can follow you for years, especially if convicted of a felony offense.

Don’t leave your fate to chance. An experienced Miami criminal defense attorney can protect your rights, future, and freedom.