Petit theft is the most common theft charge and the one most worth keeping off your record. It is a misdemeanor, but it is a crime of dishonesty, and a conviction follows you in ways a larger fine never would.
The Misdemeanor Tiers, and the Prior-Conviction Trap
Section 812.014 grades petit theft by value, and then enhances it for a record of theft.
| Situation | Degree | Maximum |
|---|---|---|
| Value under $100 | Second-degree misdemeanor | 60 days |
| Value $100 to under $750 | First-degree misdemeanor | 1 year |
| Any petit theft with one prior theft conviction | First-degree misdemeanor | 1 year |
| Any petit theft with two or more prior theft convictions | Third-degree felony | 5 years |
A theft conviction can also bring a driver license suspension, six months for a first offense and one year after that. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where theft cases move in volume and the State counts on no one testing the proof. Almost every theft charge turns on three things the prosecutor has to prove, the value of what was taken, the intent to deprive, and, in a stolen-property case, knowledge that the goods were stolen, and all three are softer than they look. I know how the State builds a theft case and where it tends to fall apart, on a value that cannot be proven, on an intent that was never there, and on the search that produced the evidence. Learn more about my background.
Why a Misdemeanor Still Matters
A petit theft is a crime of dishonesty, which means a conviction can do more damage to a job application or a lease than the sentence itself. It can also bring a driver license suspension. That is why the goal in most of these cases is not just a light sentence but a result that keeps the conviction off your record, through a dismissal, a diversion program, or a withholding of adjudication that preserves the ability to seal.
How I Defend a Petit Theft Charge
Theft is a specific-intent crime, so the first questions are whether you intended to deprive the owner at all, whether you had a good-faith claim of right or permission, and whether the State can prove the value it alleges. Mistaken identity, an honest mistake at a register, and an unlawful stop or search are all live defenses. Where the case is strong, the focus shifts to protecting your record through diversion or a withhold.
Common Questions
How bad is a petit theft charge?
Petit theft is a misdemeanor, a second-degree misdemeanor for property under $100 and a first-degree misdemeanor from $100 to under $750. The jail exposure is up to 60 days or a year, but the lasting harm is usually the record, because a theft conviction is a crime of dishonesty that employers and landlords take seriously.
Can a small shoplifting really become a felony?
It can, through priors. A petit theft with one prior theft conviction is bumped to a first-degree misdemeanor, and a petit theft with two or more prior theft convictions becomes a third-degree felony, no matter how small the value. That felony petit theft enhancement is one of the most common ways a minor case turns serious.
Will a theft charge suspend my driver license?
It can. A theft conviction in Florida can carry a driver license suspension, six months for a first offense and up to a year for a later one, separate from any jail or fine. That collateral consequence is one more reason to try to avoid a conviction through diversion or a withhold of adjudication.
Should I respond to the store's demand for money?
Get advice first. After a shoplifting, stores often send a civil demand letter asking for a few hundred dollars under Florida's civil theft law. That is separate from the criminal case. Paying it does not end the prosecution, and not paying it does not make the criminal case worse, so it should not be handled in isolation.
Can I keep a first petit theft off my record?
Often, yes. Many first-time petit theft cases qualify for a diversion or pretrial intervention program that ends in dismissal, or for a withholding of adjudication that can let the record be sealed later. What is available depends on the value and your history, but for a first offense the options are usually real.
Related: Theft overview, Grand theft, Retail theft and shoplifting, and Search and seizure.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Theft offenses are governed mainly by chapter 812, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
