Being charged with petit theft in Florida for the first time can feel overwhelming. Many first-time defendants have never been arrested before and are shocked to learn that a misunderstanding, mistake, or moment of poor judgment can lead to a criminal charge.
If this is your first petit theft charge, here is what you need to know.
What Is Petit Theft Under Florida Law?
Under Florida Statute § 812.014, theft occurs when someone knowingly obtains or uses (or attempts to obtain or use) another person’s property with the intent to temporarily or permanently deprive the owner of their right to the property.
For first-time cases, the charge is typically:
- Second-degree petit theft (property valued under $100), or
- First-degree petit theft (property valued between $100 and $749)
Anything valued at $750 or more may be charged as felony grand theft.
The prosecution must prove intent. Simply forgetting to scan an item or misunderstanding a transaction is not automatically criminal theft. Intent matters.
What Are the Maximum Penalties?
Under Florida Statute § 775.082 and § 775.083:
Second-Degree Petit Theft (Under $100)
- Up to 60 days in jail
- Up to 6 months probation
- Up to $500 fine
First-Degree Petit Theft ($100–$749)
- Up to 1 year in jail
- Up to 1 year probation
- Up to $1,000 fine
These are statutory maximums — not automatic sentences.
In real-world first-time cases, jail is uncommon.
Will You Go to Jail for a First Petit Theft?
For most first-time offenders:
- Jail is possible under the statute,
- But rarely imposed if there is no prior record.
Many first-time defendants are:
- Issued a Notice to Appear instead of being arrested,
- Never incarcerated again during the case.
What Happens After the Arrest?
A typical first-time petit theft case follows this path:
- Arraignment – We enter a plea of not guilty on your behalf.
- Pretrial hearings – Negotiations or motions may occur.
- Resolution – Dismissal, diversion, plea, or trial.
Most first-time cases resolve before trial.
Can a First-Time Petit Theft Charge Be Dismissed?
Yes. First-time cases often qualify for alternative resolutions such as:
Pretrial Diversion Programs
Many Florida counties offer diversion for first-time misdemeanor theft cases. Successful completion can result in a drop of the charges.
Withhold of Adjudication
In some cases, the court may withhold adjudication, meaning you are not formally convicted after a plea.
Will a First-Time Petit Theft Stay on Your Record?
This is where many people make costly mistakes.
An arrest creates a public record immediately.
If you are convicted (even of a misdemeanor), it becomes part of your permanent criminal history.
However, if:
- The case is dismissed, or
- You receive a withhold of adjudication,
You may qualify to seal or expunge the record under Florida law (subject to eligibility requirements).
Taking the right steps early can preserve this option.
What If It Was a Mistake?
Many first-time clients say:
- “I forgot to scan something.”
- “I didn’t realize it was in the cart.”
- “I intended to pay.”
Intent is a required element of theft. Surveillance footage, store procedures, witness statements, and timing all matter.
Every case turns on specific facts.
How a Petit Theft Charge Can Affect Your Future
Even without jail, a theft-related charge can impact:
- Employment opportunities
- Professional licensing
- Background checks
- Rental applications
- Security clearances
Theft offenses are considered crimes involving dishonesty, which makes them particularly sensitive in background screenings.
That is why resolving a first-time case carefully is critical.
Frequently Asked Questions About First-Time Petit Theft in Florida
Is petit theft a misdemeanor in Florida?
Yes. For property under $750, it is generally charged as a misdemeanor under § 812.014.
Can a first-time petit theft be dropped?
It can be dismissed, reduced, or resolved through diversion depending on the circumstances.
Do I need a lawyer for a first petit theft charge?
Even first-time cases can affect your record permanently. Legal representation can significantly increase your chances of a positive outcome.
How long does a petit theft case take?
Most misdemeanor theft cases resolve within a few months, though timelines vary by county.
Does paying the store back make the case go away?
Restitution can help negotiations, but it does not automatically dismiss the charge.
Why Acting Early Matters
First-time petit theft cases often offer the most flexibility for resolution. Waiting too long to address the case can limit options.
If you have been charged with petit theft in Jacksonville or surrounding Northeast Florida counties, understanding your options early can protect your record and your future.