Miami Petit Theft and Shoplifting Lawyer

A petit theft charge can leave you worried about court, your work and what will appear on your record. If this is your first arrest, you may also be wondering whether you can resolve the case without a conviction. Those questions deserve answers based on your charge and circumstances.

Valiente Law represents people facing theft charges in Miami-Dade County. We can review the accusation, explain the evidence and discuss the options available in your case. If you are not a U.S. citizen, tell your lawyer before discussing a plea or diversion agreement so immigration consequences can be reviewed early.

Call 305.764.5460 for a free, confidential consultation. Se Habla Español.

What is petit theft in Florida?

Florida law uses the term petit theft. People also call it petty theft. Under section 812.014, Florida Statutes, theft involves knowingly obtaining, using or attempting to obtain or use someone else’s property with the required intent to deprive the owner of a right or benefit, or to appropriate the property to someone not entitled to it. The intent can be temporary or permanent.

Shoplifting describes conduct involving a retail store. The charge and its degree depend on the applicable statute and facts. The price of an item alone does not resolve every case.

Petit theft penalties: the ordinary value-based categories

The table below summarizes ordinary adult misdemeanor categories. Special theft rules and prior convictions can change the classification.

These are statutory maximums, not predictions about a sentence. Court costs and restitution can be separate, and Florida law permits higher fines in specified circumstances. A first offense does not automatically mean jail, but it does not eliminate the possibility.

The ordinary value threshold for grand theft charges begins at $750. Exceptions can apply below that amount. For example, property worth $40 or more but less than $750 taken from a dwelling or its unenclosed curtilage can qualify as grand theft. Firearms, motor vehicles, prior theft convictions and other statutory circumstances also require separate review. The law in effect on the alleged offense date matters.

Driver’s-license suspension is not an automatic consequence of every ordinary adult shoplifting conviction. Specific provisions address gasoline theft and certain defendants under 18. Your lawyer should check whether any license-related rule applies to the actual charge.

What happens after a first-offense theft charge in Miami-Dade?

Start with the documents you received. Keep your notice to appear, release paperwork and court notices together, and confirm your next required date. Follow any court orders while your lawyer reviews the case. Do not assume that a first arrest will be dismissed or that a store’s decision will end the prosecution.

A case review should address two questions: what the State can prove and which resolutions are available. A lawyer can examine the evidence and discuss whether to contest the charge, seek a negotiated resolution or explore diversion. Considering diversion does not require assuming that you have no defense.

How Miami-Dade pretrial diversion may fit

The Miami-Dade State Attorney’s Office describes pretrial diversion as an alternative to prosecution. Its published description provides for charges to be dropped when an admitted participant completes every condition and remains arrest-free during the program. Admission and the terms of a particular agreement must be confirmed; a first offense alone is not a promise of acceptance or dismissal.

Conditions may include classes, community service and financial obligations. Before accepting an agreement, review its deadlines, any required plea or admissions, the consequences of noncompletion, and how completion will be documented. For a noncitizen, immigration review belongs before the agreement is accepted.

What to bring to a consultation

• Your citation or arrest paperwork, case number and upcoming court notices.
• Receipts, payment records, return records and relevant messages you already have. Preserve originals without changing or deleting them.
• The names of potential witnesses and information about any video. Tell your lawyer promptly so preservation options can be considered.
• Any prior case dispositions, plus immigration concerns or important work and licensing questions.

What evidence can matter in a theft defense?

An accusation is not the same as proof. A useful review looks at the complete sequence of events rather than relying on a label such as shoplifting. Issues may include:

• Identity: whether witnesses or recordings reliably identify the person accused.
• Intent: whether the evidence establishes the intent required by the theft statute. A genuine mistake or a supported claim of permission may matter, depending on the facts.
• Ownership and consent: who had rights to the property and what permission was actually given.
• Value and classification: whether the State can establish the legally relevant value or a special theft category.
• The evidence itself: what recordings, statements and documents show, whether important context is missing, and whether a legal basis exists to challenge their use.

A lawyer must evaluate how those issues apply to your case. Returning an item, intending to return it later or having a dispute with its owner does not by itself establish a defense. For the broader categories, see our Florida theft charges.

If you are not a U.S. citizen, review consequences before a plea

A Florida court outcome and a federal immigration outcome are different questions. Under 8 U.S.C. § 1101(a)(48), a withheld adjudication can still count as a conviction when the required plea, finding or admission is combined with a court-ordered punishment, penalty or restraint on liberty.

Do not assume that a misdemeanor, a withhold, no jail time or a program labeled diversion is automatically safe for immigration purposes. The exact charge, record of the case, agreement and your circumstances need individualized review by criminal defense counsel and, where appropriate, immigration counsel before a decision. This page does not determine whether a particular person will face an immigration consequence.

Will the charge stay on my record?

Ending the prosecution and limiting access to a criminal record are separate issues. A dismissal does not mean that every record of the arrest or case disappears. Sealing and expungement have eligibility requirements and procedures, and relief is not guaranteed. Even an expungement order cannot remove every privately held online record.

Keep copies of the final disposition and discuss sealing or expunging a Miami criminal record with your lawyer. Do not assume state record relief eliminates federal immigration consequences or disclosure obligations.

Common petit theft questions

Are petty theft and petit theft different charges?

People commonly use both spellings for the same subject. Florida’s theft statute uses petit theft. Your charging document, statutory subsection and alleged facts determine what you are facing.

Can I go to jail for a first shoplifting offense?

Jail is legally possible for a misdemeanor theft conviction, even on a first offense. The ordinary maximum depends on the degree of the charge. Your actual options require a review of the evidence, history and circumstances.

Is everything below $750 a misdemeanor?

No. The ordinary value rule has exceptions. The type of property, where it was taken, prior convictions and other statutory circumstances can change the degree. Have the actual charge reviewed.

Does completing diversion automatically erase the case?

No. Confirm the disposition after completing the agreement and separately review record-relief eligibility. A dismissal and an expungement are different steps. Immigration consequences require their own analysis.

Should I plead no contest just to finish the case?

Understand the terms and consequences before deciding. A no-contest plea can have consequences beyond the immediate sentence, including under the federal definition of a conviction. Review the evidence and alternatives with your lawyer first.

Talk with Valiente Law about your Miami-Dade theft charge

If you are facing petit theft or shoplifting allegations, contact Valiente Law to discuss the charge, your next court date and the concerns that matter to you. Ask about defense options, whether diversion may be available, and what a proposed resolution could mean for your record.

Call 305.764.5460 or request a free, confidential consultation. Se Habla Español.

This page provides general information, not advice about a particular case. Outcomes depend on the facts and applicable law.

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Miami Petty Theft Attorney Review

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