What is the difference between petit theft and grand theft in Florida?

Petit theft involves property valued under $750 and is charged as a first-degree misdemeanor, while grand theft involves property valued at $750 or more and is charged as a felony with harsher penalties including state prison time.

Can I avoid a criminal record if this is my first offense?

First-time offenders may qualify for pretrial diversion programs that require completing conditions such as community service, theft education classes, and restitution, with charges dismissed upon successful completion and no conviction appearing on your record.

What does restitution mean in a theft case?

Restitution is a court-ordered payment to the victim to compensate for the value of stolen or damaged property, and failure to pay restitution as ordered can result in probation violation and additional jail time.

How does a misdemeanor conviction affect my employment opportunities in Orlando?

A misdemeanor conviction creates a permanent criminal record visible in background checks conducted by employers, landlords, and licensing boards, and certain professions including healthcare, education, and finance may disqualify applicants with theft or fraud convictions.

What happens if I am accused of theft but did not know the property was stolen?

Lack of knowledge that property was stolen is a defense to theft charges, and the state must prove beyond a reasonable doubt that you knew or should have known the property was obtained illegally based on the circumstances.

Misdemeanors & Theft Offenses

Theft charges in Florida range from petit theft for property valued under $750 to grand theft for higher-value items, with penalties including jail time, probation, restitution to the victim, and a permanent criminal record that affects employment and housing opportunities. Stacey Marquez defends clients across Orange County, Osceola County, and Seminole County on theft and misdemeanor charges, examining probable cause for arrest, witness credibility, chain of custody for alleged stolen property, and evidence of criminal intent. Misdemeanor convictions carry up to one year in county jail and create criminal records that appear in background checks and disqualify individuals from certain professional licenses.

Theft prosecutions require the state to prove you knowingly obtained or used property belonging to another person with intent to permanently or temporarily deprive the owner of its use or benefit. Defense strategy challenges whether the state can prove you knew the property was stolen, whether you had permission to use the property, and whether the alleged victim actually suffered a loss.

Request a case evaluation to review the evidence supporting the theft or misdemeanor charges filed against you.

Theft defense focuses on criminal intent, as Florida law requires proof that you intended to deprive the owner of the property, not merely that you possessed an item that turned out to be stolen. Surveillance video, witness statements, and circumstantial evidence are examined for consistency, and motions are filed when evidence was obtained through illegal search or the chain of custody for physical evidence is broken.

Once representation begins, you receive updates on discovery provided by the state attorney, including police reports, witness statements, photographs, and video evidence. Pretrial negotiations explore whether diversion programs are available, whether restitution to the victim can result in charge reduction, and whether the prosecution's evidence is strong enough to proceed to trial.

Misdemeanor cases involving disorderly conduct, trespassing, or battery often turn on witness credibility and whether the defendant's actions meet the legal definition of the charged offense. Cross-examination of complaining witnesses exposes inconsistencies, and character evidence may be introduced to challenge the prosecution's narrative when the case proceeds to trial.

What is the difference between petit theft and grand theft in Florida?
Petit theft involves property valued under $750 and is charged as a first-degree misdemeanor, while grand theft involves property valued at $750 or more and is charged as a felony with harsher penalties including state prison time.
Can I avoid a criminal record if this is my first offense?
First-time offenders may qualify for pretrial diversion programs that require completing conditions such as community service, theft education classes, and restitution, with charges dismissed upon successful completion and no conviction appearing on your record.
What does restitution mean in a theft case?
Restitution is a court-ordered payment to the victim to compensate for the value of stolen or damaged property, and failure to pay restitution as ordered can result in probation violation and additional jail time.
How does a misdemeanor conviction affect my employment opportunities in Orlando?
A misdemeanor conviction creates a permanent criminal record visible in background checks conducted by employers, landlords, and licensing boards, and certain professions including healthcare, education, and finance may disqualify applicants with theft or fraud convictions.
What happens if I am accused of theft but did not know the property was stolen?
Lack of knowledge that property was stolen is a defense to theft charges, and the state must prove beyond a reasonable doubt that you knew or should have known the property was obtained illegally based on the circumstances.

Defense Against Property and Misdemeanor Charges