Under Florida Statute § 812.014, Petit Theft or "Petty Theft" is a misdemeanor offense. A conviction is a permanent mark on your record. Attorney Dave Simmons offers strategic defense to challenge the State's case and protect your reputation.
Petit Theft Defense in Broward County (F.S. 812.014)
A petit theft arrest in Broward County can feel minor — especially if you were handed a yellow Notice to Appear instead of handcuffs. Do not let that fool you. The Broward County State Attorney's Office treats petit theft as a crime of dishonesty, and a conviction creates a permanent mark on your background check that can cost you your job, your professional license, and your reputation.
Dave Simmons spent years as a prosecutor inside the Broward County State Attorney's Office — the same office that will handle your case. He knows exactly how these cases are evaluated, where they break down, and how to intervene before charges are even filed. That inside knowledge is now working for you.
Call the Law Offices of Dave L. Simmons, P.A. at 954-765-3540 for a confidential consultation.
What is Petit Theft Under Florida Law?
Under Florida Statutes § 812.014, petit theft, commonly referred to as "petty theft," is committed when a person knowingly takes someone else’s property with the intent to deprive them. Theft of property valued under $100 is classified as a second-degree misdemeanor, while theft of property valued between $100 and $749.99 is a first-degree misdemeanor.
To secure a conviction, the State must prove the following elements beyond a reasonable doubt:
- The defendant knowingly and unlawfully obtained, used, or endeavored to obtain the property of another
- The defendant did so with the intent to permanently or temporarily deprive the victim of their right to the property
- The property was valued at under $750.00
| Charge | Statute Reference | Property Value | Max Penalty |
|---|---|---|---|
| Petit Theft (2nd Degree) | F.S. 812.014(3)(a) | Under $100 | 60 Days Jail / $500 Fine |
| Petit Theft (1st Degree) | F.S. 812.014(2)(e) | $100 to $749 | 1 Year Jail / $1,000 Fine |
| Felony Petit Theft | F.S. 812.014(3)(c) | Any Value (w/ 2+ priors) | 5 Years Prison / $5,000 Fine |
Examples of Petit Theft in Florida
Petit theft charges in Broward County arise from a wide range of situations — some of which can involve honest mistakes or misunderstandings rather than intentional criminal conduct. Common examples include:
- Leaving a store with unpaid items by passing all points of sale with merchandise
- Failing to scan an item at a self-checkout register
- Returning merchandise for more than its current value
- Keeping a found wallet, phone, or other property without attempting to locate the owner
- Failing to pay for a service, such as a restaurant bill or rideshare fare
- Swapping a price tag on an item for one with a lower value
In each of these situations, the State must still prove criminal intent — that you knowingly took the property with the intent to deprive the owner of it. That element is often the weakest part of the State's case, and it is where Dave Simmons focuses his defense.
Protecting Your Future and Reputation
At the Law Offices of Dave L. Simmons, P.A., we know that a petit theft charge is often more than just a legal problem — it is a reputation problem. A conviction for theft, even a misdemeanor, is a crime of dishonesty that follows you on every background check, job application, and professional license renewal.
As a former Broward County prosecutor and public defender with over 27 years of experience, I handle every petit theft case with the same focus — protecting your record, your career, and your future.
Phase 1 — After your Arrest
Notice to Appear: What Happens Next?
Many people mistake the yellow Notice to Appear for a simple citation. This is a dangerous misconception. In the eyes of Florida law and the Broward State Attorney's Office, Petit Theft is a Crime of Dishonesty. Whether you were handcuffed or simply handed a slip of paper, you have been criminally arrested. A conviction creates a permanent mark on your background check that can derail careers, professional licenses, and immigration status.
The 21-Day Filing Window
After a petit theft arrest or Notice to Appear in Broward County, prosecutors will usually decide within 21 days whether to formally file charges. During that window, your case is sitting on an intake prosecutor's desk at the Central Courthouse in downtown Fort Lauderdale or at a satellite office — not yet public record, not yet a filed charge.
Most defense attorneys wait until arraignment to begin working on a case. By that point, charges have already been filed, and the case is part of the public record. Dave Simmons begins working immediately. As a former Assistant State Attorney, he understands how cases are reviewed during the filing stage and, when appropriate, will communicate with the assigned prosecutor before a formal decision is made.
While most petit theft cases are filed as a matter of routine, early intervention can still make a difference in cases involving evidentiary issues, questions about intent, or other mitigating factors. Identifying those issues early helps position the case for the best possible outcome from the start.
Waiver of Appearance — You Stay at Work
If charges are filed, a Waiver of Appearance can be filed on your behalf, satisfying the court's requirement for your presence at calendar calls and status hearings. In the majority of petit theft cases handled at the Main Courthouse in Fort Lauderdale or at the West Regional, North Regional, or South Regional satellite courthouses, clients never need to set foot inside a courtroom. Your attorney handles the proceedings while you go about your life.
Phase 2 — Defense Strategies for Broward Petit Theft Cases
Dave does not use generic defenses. He attacks the specific protocols of Broward retailers and local law enforcement.
The Self-Checkout Audit (Walmart & Target)
Retailers rely on skip-scanning algorithms to flag theft. Dave subpoenas the Electronic Journal logs of the register. If the log shows technical errors, or the video shows you were distracted by a child or a faulty scanner, he argues lack of specific intent. Theft requires the intent to steal — clumsy scanning is not a crime.
The Valuation Defense
Police frequently inflate charges by using the purchase price rather than current market value. Florida law requires Fair Market Value — what the item would sell for in its current condition at the time of the incident. If an item's actual fair market value falls below the $100 or $750 threshold, the charge may be reduced or dismissed entirely.
Lost Property and Found Items
Florida law does not recognize finders keepers, but Dave argues temporary custody. If you picked up a wallet or phone with the intent to secure it or find the owner, the State cannot prove the intent to steal.
Sweethearting and Register Errors
If you are accused of under-ringing items for friends, Dave audits the digital trail. If multiple employees share a register code, or the video does not perfectly match the register log, he casts reasonable doubt on who actually committed the error.
Phase 3 — Case Outcomes and Your Record
The Withhold Trap
A judge or prosecutor may offer you a Withhold of Adjudication and present it as a favorable outcome. It is not a clean record. A withhold still appears on background checks as a crime of dishonesty, which raises immediate red flags for employers. You can seal it, but cannot expunge it for ten years. Only a full dismissal makes you immediately eligible for expungement.
Dismissal is always the goal.
| Outcome | What It Means for You |
|---|---|
| Nolle Prosequi (Dismissal) | Cases are dropped; no criminal record is created. You can immediately petition for expungement. |
| Withhold of Adjudication | Guilty or no contest plea entered, but no formal conviction. Can be sealed but not expunged for 10 years. Still appears on background checks as a crime of dishonesty. |
| Adjudication of Guilt | Full conviction—permanent mark on your record, not eligible for sealing or expungement. |
Misdemeanor Diversion Program
If this is your first offense, Dave negotiates entry into the Broward County Misdemeanor Diversion Program. You complete community service or a theft prevention class, and the State issues a Nolle Prosequi — a formal dismissal. Once dismissed, Dave files to expunge your record, physically destroying the arrest record and allowing you to legally deny the incident ever happened on job applications.
Expungement After Dismissal
Once your case is dismissed, we file to expunge your record. This physically destroys the arrest record, allowing you to legally deny the incident ever happened on job applications, housing applications, and professional licensing inquiries.
Phase 4 — When Petit Theft Becomes a Felony
The Broward State Attorney's Office can upgrade a petit theft charge to a Third-Degree Felony in two specific ways. Understanding your exposure before charges are filed is a critical part of early case evaluation.
Aggregation
If prosecutors argue that multiple thefts over time total more than $750, they can combine them into a single felony charge. This is most common in retail environments where loss prevention tracks a pattern of theft over days or weeks before making an arrest.
The Two-Priors Rule
If you have two prior theft convictions on your record, a third offense — regardless of the value involved — can be charged as a Third-Degree Felony carrying up to 5 years in Florida State Prison. A $5 item can trigger a felony charge if your record supports it. Understanding your prior history and how the State may use it is a critical part of early case evaluation.
For a full breakdown of felony theft charges and penalties, see our Fort Lauderdale Grand Theft Defense page.
here
Why Fort Lauderdale Clients Trust Dave L. Simmons
Dave L. Simmons is a Fort Lauderdale criminal defense attorney and former Broward County prosecutor with over 27 years of experience in the 17th Judicial Circuit. As such, he understands how criminal cases are built, evaluated, and resolved from both sides of the courtroom — and that perspective shapes every defense strategy he brings to his clients.
- Former Broward County Assistant State Attorney
- Former Broward County Assistant Public Defender
- Over 27 years of combined criminal law experience
- Focused exclusively on criminal defense
- Representing clients throughout Fort Lauderdale and Broward County
- Supported by a legal team — you work directly with Dave Simmons, no associates, no handoffs, no surprises
![Fort Lauderdale petit theft lawyer]()
Client Reviews & Professional Recognition
- Over 200+ 5.0 ⭐ reviews across the web from Broward County Clients
- Avvo Rating: Superb — the highest rating available, with over 30+ 5.0 ⭐ reviews
- Justia: Perfect "10" Rating
- Martindale-Hubbell AV Preeminent® Rating — the highest peer review distinction in the legal profession, reflecting the assessment of fellow attorneys and members of the judiciary for both ethical standards and legal ability.
- Florida Bar member in good standing since 1998
Frequently Asked Questions — Petty Theft Charges in Fort Lauderdale
What is a Notice to Appear, and is it a real arrest?
Yes. A Notice to Appear (NTA) — the yellow slip handed to you instead of handcuffs — is a criminal arrest under Florida law. Many people treat it like a traffic ticket and make the mistake of ignoring it or showing up to court without an attorney. The Broward County State Attorney's Office treats petit theft as a crime of dishonesty regardless of how you were processed. A conviction creates a permanent mark on your background check that can affect employment, professional licenses, and immigration status. Do not let the informal nature of the NTA mislead you about the seriousness of the charge.
What is the pre-filing window, and why does it matter?
After a petit theft arrest in Broward County, prosecutors have approximately 21 days to decide whether to formally file charges. During that window your case is sitting on an intake prosecutor's desk — not yet public record, not yet a filed charge. An attorney who moves immediately can contact the filing prosecutor before a decision is made and advocate for a No Information, meaning the State declines to file entirely. Most defense attorneys wait until arraignment to start working. By then, the charge has already been filed and is public. The pre-filing window is the single most important period in a misdemeanor theft case and it closes fast.
What is the Withhold Trap, and why is dismissal always the better outcome?
A Withhold of Adjudication means you entered a guilty or no contest plea but the court did not formally convict you. Prosecutors and judges sometimes present this as a favorable outcome — and compared to a full conviction, it is. But it is not a clean record. A withhold still appears on background checks as a crime of dishonesty, which raises immediate red flags for employers. You can seal it but not expunge it for ten years. Only a full dismissal — a Nolle Prosequi or No Information — makes you eligible for immediate expungement and allows you to legally deny the incident on job applications. Dismissal is always the goal.
- Withhold = guilty plea on record, still appears as a crime of dishonesty on background checks
- Can be sealed immediately, but cannot be expunged for 10 years
- Dismissal = clean record and immediate expungement eligibility
Can a petty theft charge be expunged in Florida?
It depends entirely on the outcome of your case. A dismissal or No Information makes you immediately eligible to petition for expungement — meaning the arrest record is physically destroyed and you can legally deny it ever happened. A Withhold of Adjudication can be sealed immediately, but cannot be expunged for ten years. A full conviction for petit theft can never be sealed or expunged in Florida. This is why the outcome of your case matters far beyond the courtroom — and why fighting for dismissal rather than accepting a plea is almost always the right strategy for a first-time offender.
- Dismissal / No Information — immediately eligible for expungement
- Withhold of Adjudication — can be sealed now, expunged after 10 years
- Adjudication of Guilt — can never be sealed or expunged in Florida
How does Florida calculate the value of stolen property?
Florida law requires prosecutors to use Fair Market Value — what the item would sell for in its current condition at the time of the incident, not the retail replacement cost. Law enforcement frequently uses the sticker price to establish value, which can push a charge into a higher category. If an item's actual fair market value — what it would fetch on eBay or the used market — falls below the $100 or $750 threshold, the charge may be reduced or dismissed entirely. This valuation defense is one of the most overlooked and effective tools in a petit theft case.
Can a misdemeanor theft charge become a felony in Florida?
Yes, in two specific ways. First, aggregation — if prosecutors argue that multiple thefts over time total more than $750, they can combine them into a single felony charge. Second, the two-priors rule — if you have two prior theft convictions on your record, a third offense, regardless of the value involved, can be charged as a Third-Degree Felony, carrying up to 5 years in Florida State Prison. A $5 item can trigger a felony charge if your record supports it. Understanding your prior history and how the State may use it is a critical part of early case evaluation.
Will I have to appear in court for a petty theft charge in Broward County?
In most cases, no. When you hire an attorney, a Waiver of Appearance can be filed on your behalf, satisfying the court's requirement for your presence at calendar calls and status hearings. In the majority of misdemeanor theft cases handled at the Main Courthouse in Fort Lauderdale or at the West Regional, North Regional, or South Regional satellite courthouses, clients never need to set foot inside a courtroom. Your attorney handles the proceedings while you go about your life. This is one of the practical advantages of having experienced representation in Broward County from the start.
What happens if this is not my first theft charge?
Prior theft convictions significantly change your exposure. A second petit theft conviction increases the maximum penalty. Two prior theft convictions — regardless of when they occurred or what was taken — mean that any new theft charge, even for the smallest amount, can be filed as a Third Degree Felony. Beyond the criminal penalties, repeat theft charges compound the problem of background checks — each additional entry makes employment, licensing, and housing applications harder. If you have prior theft history, early intervention and aggressive defense are not optional — they are essential.
For more information on Florida theft laws, return to our Broward County Theft Defense Hub.
