Horizontal infographic titled ‘Is Petit Theft a Misdemeanor in Florida?’ with three sections. Overview: petit theft is stealing property worth under $750, charges based on value. Misdemeanor Petit Theft: second-degree, under $100, up to 60 days jail and $500 fine; first-degree, $100–$749, up to 1 year jail and $1,000 fine. Felony Petit Theft: $750 or more, up to 5 years in prison. Uses yellow, blue, and red color-coded headers.
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🛒 Is Petit Theft a Misdemeanor in Florida?

Last updated April 2026

Yes — But a Petit Theft Charge Can Still Follow You for Life.

In Florida, petit theft is a misdemeanor, but that does not mean it is harmless.  In many cases, the long-term consequences of a petit theft charge are more significant than the immediate penalties.

A single petit theft conviction can create a permanent criminal record, affect employment and housing, and limit future opportunities — even when no jail time is imposed.

If you’ve been charged with petit theft in Fort Lauderdale or anywhere in Broward County, here’s what Florida law actually says — and why early action matters.  In Broward County, even misdemeanor theft cases are often prosecuted aggressively, particularly in retail and employee-related situations.

For a broader explanation of how theft charges, see theft charges in Florida.

⚖️ Florida Law on Petit Theft (Fla. Stat. § 812.014)

Florida law defines theft as knowingly obtaining or using another person’s property with the intent to deprive the owner of it.

Petit theft applies when the value of the property is less than $750.

Petit theft charges are divided into two misdemeanor levels based on value.

🔹 Second-Degree Misdemeanor Petit Theft

Property Value: Under $100

Maximum Penalties:

  • Up to 60 days in jail

  • Up to 6 months of probation

  • Up to $500 fine

  • Court costs and restitution

🔸 First-Degree Misdemeanor Petit Theft

Property Value: $100–$749

Maximum Penalties:

  • Up to 1 year in jail

  • Up to 1 year of probation

  • Up to $1,000 fine

  • Court costs and restitution

Anything valued at $750 or more is charged as grand theft, a felony under Florida law.

🚨 Why a Petit Theft Charge Is Still Serious

Even though petit theft is a misdemeanor, a conviction can result in:

  • A permanent criminal record

  • Difficulty passing background checks

  • Employment or professional licensing issues

  • Housing application denials

  • Civil demand letters from retailers —learn how civil demand letters for retail theft work in Florida and what they mean for your case

  • Immigration consequences for non-citizens

Many people underestimate these cases until they see how they affect background checks, job opportunities, and housing applications.

Unlike some other misdemeanors, theft is considered a crime of dishonesty, which makes it especially damaging long-term.

🔍 Common Defenses to Petit Theft Charges

Petit theft cases often turn on intent, ownership, and value. Common defense strategies may include:

  • Lack of intent to permanently deprive the owner—see how lack of intent defense in Florida theft cases applies.

  • Mistaken identity or unreliable witness testimony

  • Ownership or permission disputes

  • Valuation errors that affect charge level

  • Illegal searches or improper detention by store security

These cases are often resolved based on factual disputes rather than clear evidence of wrongdoing.

In many cases, early legal intervention can result in dismissal, diversion, or charge reduction — but those opportunities often disappear once a case progresses.  In some cases, early intervention can prevent a permanent record altogether—see when theft charges can be dropped in Florida.

What happens early in a petit theft case often determines whether it results in a conviction or is resolved without long-term consequences.

📞 Arrested for Petit Theft in Florida?

Even a misdemeanor theft charge deserves serious attention. Many people regret underestimating a petit theft case — especially after it shows up on a background check years later.

At Michael White, P.A., we defend petit theft cases throughout Fort Lauderdale and Broward County with the insight of a former prosecutor who understands how these cases are charged — and how they can be resolved without lifelong consequences.

📞 Call (954) 270-0769 to discuss your case confidentially.

❓ Frequently Asked Questions About Petit Theft in Florida

What are the penalties for petit theft?

Property under $100 is a second-degree misdemeanor (up to 60 days jail). Property between $100 and $749 is a first-degree misdemeanor (up to 1 year jail).

Can a petit theft charge be dismissed?

Possibly. Dismissal may be available where there is insufficient evidence, lack of intent, mistaken identity, or eligibility for diversion programs.

Will a petit theft conviction go on my record?

Yes. A conviction creates a permanent criminal record and generally cannot be sealed or expunged.

Can petit theft be reduced or avoided?

In many cases, yes — especially for first-time offenders. Early legal representation increases the chances of diversion, dismissal, or reduction.