Can You Go to Jail for Stealing Something Under 10 Dollars?
While it might seem as though shoplifting or stealing an item with a small monetary value would not be worth the time for the state attorney’s office to prosecute, there is actually a whole section of Florida criminal law dedicated to these kinds of thefts. If someone is caught stealing something under $10, that can still qualify as petit theft.
A person who is charged with petit theft can face fines, jail time, and a criminal record if they are convicted. If you have been charged with petit theft, you need to secure legal help without delay. A local theft defense attorney has the training and experience necessary to defend your rights even if you are accused of stealing something worth only a few dollars.
Criminal Charges for Stealing Something Under $10
A person can be charged with petit theft even for stealing something under $10. Usually, this would qualify as petit theft in the second degree. The charge of petit theft in the second degree applies to the theft of goods valued below $100.
However, a person could be charged with the upgraded offense of petit theft in the first degree for stealing something less than $10 if the alleged theft occurred in a dwelling. Petit theft in the first degree is defined as the theft of goods from a dwelling and where the goods are valued at less than $40. A dwelling is generally defined as a place where people reside.
The charge of petit theft involves several, unique elements. First, the prosecution needs to prove that you knowingly and illegally used or tried to use property belonging to someone else. Next, the prosecution must prove that you did so intentionally. Finally, the prosecution must show that you intended to permanently or temporarily deprive the owner of the property or any benefit from it.
Each of these elements must be proven beyond a reasonable doubt for the prosecution to win their case. A seasoned criminal attorney can identify the right defense approach to contest a petit theft charge.
Legal Consequences of Theft
Petit theft of the second degree is a second-degree misdemeanor. This offense is punishable by up to two months in prison as well as financial penalties of up to $500.
A person charged with first-degree petit theft for taking property valued below $40 from a dwelling can be charged with a first-degree misdemeanor. This carries potential legal punishments including up to one year in jail and a $1,000 financial penalty.
You can also be charged with a first-degree misdemeanor for petit theft if you have previously been convicted of theft. If you have two or more theft offenses on your record, that charge can be elevated to a third-degree felony, which carries legal punishments including $5,000 in financial penalties and/or up to five years in jail.
If You Are Charged With Theft of Under $10, You Should Still Contact an Attorney
If you have been arrested on suspicion of committing petit theft, or have already been charged with this offense, an attorney can assess your case, gather evidence, and craft the most compelling defense strategy possible. There may be numerous defenses that could apply to your situation, such as a case of mistaken identity, a simple misunderstanding, or a factual dispute about the charge brought forward by the prosecution.
The Umansky Law Firm can help you navigate the criminal justice system and leave no stone unturned to get the best results for your case, whether negotiating a deal, seeking a dismissal, or getting your charge reduced. If you or a loved one are in a situation accused of petit theft, do not hesitate to reach out to our office to arrange your FREE confidential legal consultation.
