Petit Theft Lawyers Miami 

Facing a Petit Theft Charge in Miami? We Can Help.

If you were accused of petit theft or shoplifting in Miami, you’re probably stuck in that awful spiral of questions: Will I go to jail? Will this ruin my record? Will my job find out? Even a “small” theft charge can feel huge when you’re the one facing Miami-Dade prosecutors and the court process is already moving forward.

At Hager & Schwartz, P.A., we understand how quickly a petit theft allegation can snowball, especially when the State relies on surveillance footage, loss prevention reports, and statements made in the moment. As former prosecutors, we don’t just defend these cases; we know how they’re built, what evidence the State leans on, and where the gaps often hide. From the start, we step in to protect your rights, prevent avoidable mistakes, and begin building a strategy aimed at an optimal result, whether that means getting charges reduced, fighting for a dismissal, or preparing to take your case to court if that’s what it requires.

Contact us for a free consultation. Our Miami criminal defense attorneys are available 24/7, and we can help you understand what you’re facing, what happens next, and what we can do to protect your future.

Petit Theft Under Florida Law

Under Florida Statute § 812.014, a person commits theft when they knowingly obtain or use (or try to obtain or use) someone else’s property with the intent to take away the owner’s right to it or benefit from it, even if that intent is only “temporary.” In other words, it’s not just about walking out with something; it’s about what the State claims you meant to do. 

Petit theft is the “lower-dollar” version of a theft allegation. In most cases, people are talking about theft under $750 in Florida, and the dollar amount matters because it usually impacts whether the charge is handled as a misdemeanor-level offense versus a felony-level theft charge. 

While every case has its own details, these are the common charging tiers for petit theft:

• Less than $100: often treated as second-degree misdemeanor petit theft 
• $100 to less than $750: often treated as first-degree misdemeanor petit theft 

Petit theft charges don’t always look like “classic stealing.” Examples of what can lead to a petit theft allegation include:

• A shoplifting charge in Miami (including self-checkout confusion or “I forgot it was there” situations)
• Taking something from a workplace that the employer says you didn’t have permission to take
• “Borrowing” property without clear consent and not returning it as expected
• Retail disputes involving returns/exchanges (including allegations of returns fraud)

If you’re dealing with a theft charge, the key issues are intent and value. We focus on challenging these points with a tailored defense, giving you hope that your case can be resolved favorably.

Petit Theft vs. Grand Theft in Florida

In Florida, the dollar value attached to the alleged theft is often the line between a misdemeanor and a felony. That matters because felony theft charges typically carry harsher penalties and can have longer-lasting consequences for employment, housing, and professional licensing.

In many theft cases, $750 is the tipping point. Under Florida’s theft statute, when the property is valued at $750 or more (but less than $5,000), the charge can become grand theft in the third degree (a third-degree felony). 

Why “Value” Is Often Disputable

One of the most common pressure points in a theft case is how the State claims the item was valued.

Prosecutors frequently use things like:

• Price tags or shelf signage
• Store receipts (or what they say the receipt would have shown)
• Loss prevention statements and incident reports
• Surveillance video paired with store inventory records

But value isn’t always as clean as a sticker price, especially with:

• Sale/discount pricing vs. full retail
• Used items vs. new retail price
• Bundled items (multiple items added together to reach a threshold)
• Situations where the “claimed value” is alleged but not well supported by documentation

When we can successfully challenge valuation, it can sometimes mean the difference between grand theft and petit theft, which can dramatically change the leverage and direction of a case. 

Value Isn’t the Only Thing That Can Elevate a Theft Charge

Even when the amount isn’t high, other factors can raise the stakes, depending on the type of property or the circumstances. Florida law lists several situations in which theft may be treated more seriously than people expect (for example, theft involving certain items, such as a firearm, a motor vehicle, or specific property types).

If you’re facing a theft allegation in Miami, understanding that early legal intervention can significantly influence your case is crucial. The sooner we start working, the better your chances of uncovering facts that could change the course of the case.

What Are the Penalties for Petit Theft in Miami?

When people hear “petit theft,” they sometimes assume it’s a slap on the wrist. But misdemeanor theft in Florida can still result in jail time, fines, and long-term consequences, especially if the State believes the case is clear or if you have a prior record. The charge level often depends on the alleged value and how prosecutors decide to file it.

Here’s the basic penalty framework under Florida law:

• First-degree misdemeanor petit theft:

• • • Up to 1 year in jail
    • Up to $1,000 in fines

• Second-degree misdemeanor petit theft:

• • Up to 60 days in jail
  • Up to $500 in fines

Even when someone avoids jail, the real-life impact of criminal theft penalties in Florida often shows up in the “extras” that come with a case.

These include:

• Probation or community service
• Restitution (paying back the alleged loss) and court costs/fees
• A criminal record, which can appear on background checks
• Employment and professional licensing risks, especially for people in healthcare, education, finance, or roles requiring trust/security clearance
• Potential immigration concerns for non-citizens (this is highly fact-specific; if you’re not a U.S. citizen, it’s smart to talk to a lawyer right away before accepting any plea)

One important thing to know: these are possible penalties, not automatic outcomes. What actually happens in Miami-Dade depends on the facts, the strength of the evidence (video, statements, value), your history, and how the case is handled early on, often before it snowballs into something harder to contain.

What to Expect in Miami-Dade After a Petit Theft Arrest

A petit theft case in Miam can move faster than people expect, not because the facts are “open and shut,” but because the court system has a set rhythm. Many county criminal matters (including misdemeanor theft cases) are processed through the Richard E. Gerstein Justice Building in Miami, and the Clerk’s office provides public guidance on how criminal court operations are handled there.

Here’s the typical path for a theft case:

• • Arrest vs. Notice to Appear (NTA): Some people are arrested and taken to jail. Others receive a Notice to Appear, meaning they’re accused but not booked into custody. Either way, the case can still be filed, and the State can still prosecute, so it’s worth taking it seriously.
  • First appearance/arraignment: If someone is in custody, Miami-Dade conducts misdemeanor jail arraignments at scheduled times at the Gerstein Justice Building. If you’re out of custody, you’ll usually be given a court date to appear later. At arraignment, the court addresses the charge and positions the case for what comes next.
  • Pretrial conferences and negotiations: Most petit theft cases move to pretrial settings, where the defense and the State discuss evidence, issues, and possible resolutions. At this stage, the momentum builds—either toward a practical outcome or toward litigation.
  • Discovery review (where the real case shows up): Discovery is the evidence side of the case. In petit theft matters, that often includes:
    • Surveillance video (and whether it’s clear, complete, and identifies the right person)
    • Loss prevention reports and store incident narratives

• Witness statements

• • Receipts, tags, inventory/value documentation (especially when value is disputed)

This stage matters because petit theft allegations often hinge on details the State assumes are “obvious,” like intent, identification, or value. Still, those details don’t always hold up under careful review.

• Possible outcomes: Depending on the facts, your record, and eligibility, resolution options can include:
  • Diversion or a first-time-offender-style outcome (when available)
    A reduced charge
  • Dismissal (for evidentiary or legal weaknesses)
  • Or taking the case to trial when that’s the right move

The most important takeaway: early attorney involvement can change the trajectory because decisions get made quickly in Miami-Dade, and the “story” prosecutors rely on is often formed before your case ever feels real to you. The sooner we can step in, the sooner we can protect you from common missteps and start pushing the case toward a favorable outcome.

How a Miami Petit Theft Defense Lawyer Can Challenge the Case

A petit theft accusation can feel like the system has already made up its mind, especially in a shoplifting case where someone says that “the video shows it.” But theft cases are rarely that simple. The State still has to prove the right person was involved, that the evidence is reliable, that the value supports the charge level, and—most importantly—that there was criminal intent, not a misunderstanding.

As former prosecutors, we know how theft cases are typically built in Miami-Dade: a loss-prevention narrative, a few still frames or video clips, and a quick conclusion about intent. That inside perspective helps us pressure-test the case from day one and identify where it breaks.

Here are some of the most common defenses a petit theft defense lawyer in Miami may explore, depending on the facts:

• Lack of intent (mistake or misunderstanding): Petit theft is not just “an item left the store.” Allegations can stem from confusion at self-checkout, distraction, a forgotten item in a cart, or a person who genuinely believed the item had already been paid for. If intent can’t be proven, the State’s case can weaken significantly.
• Mistaken identity or unclear surveillance footage: Video isn’t automatically definitive. We assess whether the footage is complete, clear, and accurately identifies the right person, especially in crowded retail settings, with poor angles, or when faces are partially obscured.
• Ownership, permission, or consent disputes: Some cases involve workplace situations, shared property, or unclear permission (“I was told I could take it,” “I was returning it,” “I had permission”). These issues can create reasonable doubt about whether a crime occurred at all.
• Value disputes (overstated value): The charge level can hinge on how “value” is calculated. We may challenge inflated valuations based on tags instead of real market value, sale pricing, bundled items, or unsupported store estimates because correcting value can change the entire posture of the case.
• Weak witness credibility (especially loss prevention): Loss prevention reports aren’t neutral. We look for inconsistencies between what’s written, what’s on video, and what witnesses actually observed, plus any motive, bias, or “scripted” statements that don’t match the facts.
• Unlawful stop, search, or seizure issues (when applicable): In some situations, how a stop happened or how evidence was obtained can raise legal problems. If rights were violated, it may affect what evidence the State can use and how the case can proceed.

The right defense is fact-driven. Our job is to slow the case down, force the evidence into the light, and build a strategy designed to expose weaknesses so you’re not defined by a moment, an assumption, or a store’s version of events.

Steps to Protect Yourself

When you’re accused of petit theft in Miami, it’s normal to want to fix it fast, especially if you’re thinking, This is a misunderstanding or I can explain what happened. The problem is that the first few hours and days after an accusation are when people inadvertently create evidence that is used against them. Taking a calm, strategic approach can protect you while your defense options are still wide open.

Here are practical steps you can take right now:

• Don’t “explain” to store staff or police without legal counsel: Even honest explanations can be misunderstood, paraphrased, or treated like admissions later. If you’ve been stopped or questioned, it’s okay to be respectful and quiet, and let your lawyer do the talking.
• Save receipts, order confirmations, and return records: If you paid, intended to pay, or were in the middle of an exchange/return, documentation can matter, especially in self-checkout situations or retail disputes.
• Write down what happened while it’s fresh: A week from now, details blur. Make notes about who was there, what you were doing, when it happened, and where it occurred (store location, register number, employee names, what was said). Small details can become big later.
• Show up to every court date—no exceptions: Missing court can turn a stressful situation into a much bigger one. If you’re not sure about your next date, get clarity immediately.
• Don’t contact the store or accuser if you’ve been told not to: If there’s a no-contact instruction (formal or informal), violating it can create new problems and sometimes even new charges.
• Call a Miami petit theft lawyer early to protect your options: Early legal advice can help you avoid common mistakes, preserve helpful evidence, and start shaping the case before it hardens into the State’s version of events.

If you’re feeling overwhelmed, that’s understandable. The point isn’t to panic. It’s to take control of what you can while it still makes a difference.

A Defense Team Built for High-Stakes Decisions

A petit theft charge may be labeled a “misdemeanor,” but the consequences can feel anything but minor, especially when your record, reputation, job, or future opportunities are on the line. At Hager & Schwartz, P.A., we treat theft accusations with the seriousness they deserve and build a defense strategy to address the case early, challenge assumptions, and pursue a just outcome based on the facts.

Here’s what that looks like in practice:

• Former prosecutors with an insider lens: We understand how Miami-Dade theft cases are evaluated and charged, and we know where the State’s proof often falls short.
• Real Miami-Dade courtroom experience: Local court systems have their own pace and pressure points. Our familiarity with the Miami-Dade process helps us anticipate what’s next and prepare accordingly.
• Personalized strategy and direct communication: You’re not a file number to us. We tailor the defense to your situation and keep you informed, so you’re not left guessing or panicking between court dates.
• Negotiation strength and trial readiness: Many cases resolve without trial, but effective negotiations come from being ready to litigate. We prepare every case with the expectation that we may need to fight it.
• Payment plans available: We offer flexible options because quality defense should be accessible when you need it most.
• Recognized credibility: Our firm is recognized by respected legal organizations, reflecting our commitment to serious criminal defense work.

If you’re facing a theft allegation, the choices you make early can shape everything that follows. Let us help you protect your record and your future.

Contact us for a free consultation. We’re available 24/7, and we can give you a clear, honest assessment of what you’re facing and what we can do next. Payment plans are available.

Frequently Asked Questions About Petit Theft

What Is Considered Petit Theft in Florida?

Petit theft generally refers to a theft allegation involving lower-value property, most commonly under $750. Florida’s theft law focuses on whether someone knowingly took or used property with the intent to deprive the owner of it (even temporarily). In many cases, the dispute comes down to intent (mistake vs. deliberate) and value (what the item was actually worth).

Is Petit Theft a Misdemeanor in Miami?

In most situations, yes, petit theft is typically filed as a misdemeanor in Miami-Dade. The degree (first or second) often depends on the alleged value range and the specific circumstances. That said, repeated allegations, valuation disputes, or case details can change how the State approaches filing and negotiation.

Will I Go To Jail for Petit Theft in Miami-Dade County?

Not everyone goes to jail for petit theft, but jail is possible under Florida’s maximum penalties, especially in cases involving prior convictions, alleged patterns of theft, or aggravating facts. Outcomes depend heavily on the evidence (like video quality, witness reports, and proof of value), your background, and how early the case is addressed. If you’re worried about jail, it’s smart to get legal guidance immediately before you make decisions that lock you into a bad outcome.

Can Petit Theft Charges Be Dropped?

Yes, petit theft charges can be dropped, but it depends on the specific facts and proof. Charges may be dismissed when evidence is weak or inconsistent, such as unclear surveillance footage, shaky identification, problems proving intent, or inflated/unsupported value claims. The earlier a Miami theft attorney can begin reviewing the evidence and challenging the State’s narrative, the more opportunities there may be to pursue dismissal or a reduction.

Should I Hire a Lawyer for a First Theft Offense?

For many people, a first theft accusation is exactly when having a lawyer matters most because it’s often the best time to protect your record and keep the situation from snowballing. Even a first offense can lead to probation, restitution, fines, and a permanent record that shows up on background checks. A lawyer can step in early, communicate with the State, identify defenses, and explore outcomes that minimize long-term damage. If you’re unsure where you stand, we can walk you through your options.

We offer an immediate case evaluation to discuss your case and how you can effectively fight your charges. Our firm represents clients throughout all of Miami-Dade County and Broward County, Florida, so call today!