Petit Theft Lawyers in Daytona Beach

Defending Against Small Theft Charges with Big Consequences

A petit theft charge in Florida usually means you’re accused of taking something worth less than $750—often from a store, a workplace, or even a misunderstanding with someone you know. It may sound minor, but the outcomes can be anything but: the State can pursue jail time, fines, probation, restitution, and a permanent criminal record that shows up on background checks. If you’ve been accused of petit theft in Daytona Beach, it’s normal to feel embarrassed, anxious, or even panicked, especially if this is your first time dealing with the criminal justice system.

As former prosecutors, our Daytona Beach criminal defense lawyers at Hager & Schwartz, P.A. approach petit theft cases with a unique advantage: we understand how the State builds these charges, what evidence it relies on, and where cases often fall apart. We move quickly, work discreetly, and stay ready to take your case to court when that’s what it takes to protect you.

How we help:

• Protect your record and future opportunities by fighting to avoid a conviction whenever possible.
• Push for reductions or dismissal by challenging weak evidence, questionable assumptions, and proof of intent.
• Minimize jail risk and court stress by handling communication, filings, and negotiations strategically from the start.

When facing theft allegations, acting early can make a difference. Contact us to start building a defense that puts you in control.

What Is Petit Theft in Florida?

Under Florida Statute § 812.014, “theft” generally means someone knowingly obtains or uses (or tries to obtain or use) someone else’s property with the intent to temporarily or permanently take away the owner’s right to it or benefit from it. The State isn’t just saying you had the item; it’s claiming you meant to keep it, use it, or deprive the owner of it, even if only “for now.”

In theft cases, the value of the property matters because it often determines how the charge is classified. But value is also one of the most commonly disputed issues in a petit theft case. Stores may rely on price tags, inventory systems, or employee testimony, while the defense may point to receipts, sale prices, used condition, missing components, or other proof that the State’s number is inflated or simply wrong.

Florida typically breaks petit theft into two misdemeanor levels based on value:

• Second-degree petit theft: property valued at less than $100 (second-degree misdemeanor)
• First-degree petit theft: property valued at $100 or more but less than $750 (first-degree misdemeanor)

It’s also important to know that prior theft convictions can increase exposure, even when the new allegation involves a relatively low dollar amount.

Why this matters: A “small” theft accusation can still create enormous real-life consequences, including a criminal record that follows you into background checks for jobs, school, housing, and professional licensing. That’s why acting quickly—and building a defense around intent, evidence, and value—can be so important.

Petit Theft vs. Grand Theft

In Florida, the line between petit theft and grand theft often starts with the dollar amount, but it doesn’t always end there. The State typically looks at the value of the property, yet certain facts (where the item was taken, what was taken, and a person’s prior history) can quickly push a case into more serious territory. That’s why it’s so important to understand what you’re actually charged with and what the prosecution still has to prove.

Petit vs. grand theft comparison:

• Charge type: Petit theft
  • Common value threshold: Theft under $750
  • Typical classification: Misdemeanor
• Charge type: Grand theft
  • Common value threshold: Theft at $750 or more
  • Typical classification: Felony

Even when the item isn’t worth $750, circumstances can elevate the charge. For example, Florida law includes special rules for theft tied to specific contexts (like theft from a dwelling/curtilage) and certain property types or situations that can trigger felony-level treatment. And while prior theft history doesn’t change the facts of what happened, it can affect how the State charges and prosecutes the case, raising the stakes if it isn’t handled carefully from the beginning.

Unsure about your charge? We can clarify whether it's a misdemeanor or felony, helping you feel more confident about your next steps.

Common Petit Theft Allegations We See in Daytona Beach

A lot of petit theft cases don’t begin with some dramatic “caught red-handed” moment. They start with a quick decision by store security, a rushed assumption by an employee, or a misunderstanding that escalates before you even realize what’s happening. And once law enforcement gets involved, the situation can move fast, leaving you feeling judged, overwhelmed, and unsure how to explain what really happened.

Here are some of the most common petit theft allegations we see in Daytona Beach:

• Shoplifting/retail theft: Allegations may involve concealment (putting an item in a bag, stroller, or pocket), a misunderstanding at the register, or disputes about whether an item was actually paid for.
• Self-checkout issues and scanning errors: These cases often come down to what the store believes happened versus what actually occurred—missed scans, barcode mix-ups, payment glitches, or confusion about items in the cart.
• Receipt disputes or “wrong item” accusations: Sometimes a receipt doesn’t match what’s in a bag (or the receipt is lost), and the situation gets framed as theft even when there’s a reasonable explanation.
• “Accidentally walked out” scenarios: People can walk out distracted—on the phone, managing kids, juggling bags—and not realize an item wasn’t paid for. The State may still try to treat it like intentional theft, which is why the details matter.
• Property mix-ups in shared spaces: These include misunderstandings with roommates, friends, coworkers, or at social gatherings when someone believes an item was taken without permission, even if there was confusion about ownership, borrowing, or consent.
• Return-related allegations (handled on a case-by-case basis): Some petit theft charges stem from claims of improper returns or refund disputes. These cases can be fact-sensitive and often depend on policies, transaction records, and what the person was actually told or believed at the time.

What you do next matters. The earlier you have a defense team looking at the facts, the easier it is to protect your record, challenge assumptions, and keep a stressful situation from snowballing.

Penalties for Petit Theft in Florida

A petit theft charge can feel “small” on paper, but it can still carry real weight in your life, especially if you’re worried about your job, your reputation, or what will happen in court. In Florida, petit theft is typically a misdemeanor, and the maximum penalties depend on whether it’s treated as a first-degree or second-degree misdemeanor.

Penalty snapshot:

• First-degree misdemeanor: up to 1 year in jail
• Second-degree misdemeanor: up to 60 days in jail
• Potential fines (typical caps):
  • Up to $1,000 for a first-degree misdemeanor
  • Up to $500 for a second-degree misdemeanor

Depending on the circumstances, the court may also impose things like probation, restitution, court costs, and other conditions that can be stressful and time-consuming, especially if you’re already trying to keep your life moving forward.

Even when jail isn’t the outcome, a theft-related charge can create ripple effects that show up later, including:

• A record that appears on background checks, sometimes long after the case feels “over.”
• Employment and housing complications, especially for positions of trust or jobs that require screening.
• Professional licensing or credential concerns for nurses, teachers, contractors, and other licensed professionals.
• School discipline or scholarship risks, depending on your program’s rules.
• Immigration concerns, where even an arrest or plea can have consequences, so it’s important to get legal advice before making decisions.

Our goal is to protect your record and keep this from defining your future. As former prosecutors, we know what the State looks for in petit theft cases. We use that insight to challenge weak evidence, pursue reductions, and fight for an optimal result as early as possible.

What to Expect After a Petit Theft Arrest in Volusia County

After a petit theft arrest, it’s easy to feel like everything is moving too fast—calls from family, questions you don’t know how to answer, and the fear of “What happens next?” In Volusia County, the process is usually predictable, even if it feels overwhelming in the moment. Knowing the general steps can help you breathe and make smarter choices early.

A step-by-step roadmap:

• Notice/arrest → booking: You may be taken into custody, booked, photographed, and fingerprinted. Property is inventoried, and an initial report is generated.
• First appearance/conditions of release: A judge may address release conditions (bond, no-contact orders, travel limits) depending on the situation.
• Arraignment/plea entry: This is a formal court date when a plea is entered. It’s also where avoidable mistakes can happen if you go in without guidance.
• Discovery and negotiation: The State provides evidence (reports, videos, witness statements). Your Daytona Beach petit theft attorney reviews it, looks for weak points, and begins negotiating where appropriate.
• Motions/hearings: If evidence was gathered improperly or key proof is unreliable, your attorney can file motions and argue issues before the court.
• Resolution: Many cases end through dismissal, diversion, or a reduction, while others require preparing for and being ready to take the case to trial.

In Volusia County, petit theft cases are typically handled through local court facilities in the Daytona Beach area (and sometimes DeLand), and the State Attorney’s Office for the Seventh Judicial Circuit is the prosecuting agency involved.

Common court locations you may hear referenced include:

• Steven C. Henderson Judicial Center (Daytona Beach)
• S. James Foxman Justice Center (Daytona Beach)
• Volusia County Courthouse (DeLand)

You don’t have to navigate this alone. We can step in quickly, communicate with the State, and take pressure off you, so you’re not stuck guessing what to say, when to show up, or how to protect your record while your case is pending. If you’re facing a petit theft charge in Daytona Beach, contact us to talk through your next step.

Defenses to Petit Theft Charges

A strong defense doesn’t start in the courtroom. It starts by finding the pressure points in the State’s case early. As former prosecutors, we know what the State typically relies on in theft cases and where the gaps tend to show up: shaky assumptions, missing proof of intent, questionable “value” claims, or evidence that doesn’t say what they think it says. Under Florida law, the prosecution generally has to prove you knowingly took or used property and did so with the required intent, and that’s often where cases can weaken.

Here are some of the most common defenses we use to build leverage:

• Lack of intent (mistake, accident, no intent to steal): Many cases turn on what you meant to do. Self-checkout errors, distractions, confusion at the register, or simply believing you already paid can all undercut the State’s claim that you intended to deprive the owner of the property.
• Misidentification (camera quality, assumptions, witness reliability): Surveillance footage can be grainy, angles can be misleading, and employees can make fast judgments under pressure. If the State can’t reliably prove who did what, that’s a major problem for their case.
• Ownership/permission/consent disputes: Theft cases aren’t always “store vs. shopper.” Sometimes allegations involve roommates, family, coworkers, or shared spaces. If you had permission, believed you had permission, or the ownership is unclear, that can change everything.
• Value disputes (challenging the alleged dollar amount): The item's alleged value affects how the charge is classified, yet value is often overstated or based on assumptions (full retail price vs. sale price, used condition, missing parts, lack of proof). Challenging value can reduce exposure and strengthen negotiating position.
• Unlawful search/seizure or improper detention: If evidence was gathered improperly, or you were detained in a way that violated your rights, your lawyer may be able to challenge whether certain evidence can be used at all. When key evidence gets weakened or excluded, cases often change direction fast.

Not every case needs to end in a conviction. 

Depending on the facts, your history, and the evidence, we may pursue solutions such as:

• Reduction to a lesser offense
• Dismissal where the evidence doesn’t hold up
• Withholding adjudication or alternative resolutions when legally available
• Trial preparation when that’s a practical path forward

The goal is straightforward: protect your record, limit the fallout, and position you for a favorable outcome, starting as early as the first court date.

How Our Daytona Beach Petit Theft Lawyers Help

At Hager & Schwartz, P.A., we’re former prosecutors, so we know how theft cases are charged, negotiated, and pushed forward by the State. That insider perspective matters because petit theft allegations often come down to a few pivotal issues: intent, evidence quality, and how the State frames the narrative. Our job is to step in early, control the damage, and build a defense strategy designed to expose weaknesses before the case gains momentum.

When you hire us, we focus on fast, practical steps that protect you right away:

• Preserve evidence before it disappears: Theft cases frequently involve time-sensitive proof, like surveillance footage that can be overwritten, receipts, transaction logs, and witnesses whose memories fade. We move quickly to identify what matters and secure it.
• Create an early case assessment and risk-reduction plan: We review the allegations, your background, the property value, and the available evidence to map out the smartest route, whether that means pushing for dismissal, negotiating a reduction, or preparing to fight in court.
• Handle communication with the State Attorney and coordinate court logistics: You shouldn’t have to play middleman with prosecutors or feel pressured into saying the wrong thing. We take over case communications, manage deadlines, and guide you through each court date so you’re prepared.

Petit theft cases can move fast, but you won’t be treated like a file number here. 

Clients choose us because we pair proven courtroom skill with real accessibility:

• 24/7 availability when questions hit at night, over the weekend, or right before a court date
• Free initial consultation so you can understand your options without added pressure
• Payment plans to make strong defense representation more accessible
• Personal attention and direct communication, so you know where things stand
• Aggressive defense backed by trial-ready attorneys, because we prepare every case as if it could go to court
• Deep Florida court experience, including local familiarity with Volusia County procedures and expectations

If you’re facing a Volusia County theft charge, the earlier you involve a criminal defense lawyer in Daytona Beach, the more options you may have. Contact our team for an immediate legal consultation and start protecting your future.

Frequently Asked Questions About Petit Theft in Florida

What Is Considered Petit Theft in Florida?

In most cases, petit theft means the alleged value of the property is under $750. Florida law generally breaks it down further as second-degree petit theft (under $100) and first-degree petit theft ($100–$749).

Is Petit Theft a Misdemeanor in Daytona Beach?

Usually, yes. Petit theft is typically charged as a misdemeanor in Florida (first- or second-degree, depending on value). That said, facts like prior theft convictions or how the State frames the case can change the exposure, so it’s worth getting clear guidance early.

Will I Go to Jail for Petit Theft in Volusia County?

Not every petit theft case results in jail time, but it is legally possible. Under Florida law, a first-degree misdemeanor can carry up to 1 year in jail, and a second-degree misdemeanor up to 60 days in jail.

Can Petit Theft Charges Be Dropped?

Yes, petit theft charges, including a shoplifting charge, in Florida can be dropped when the evidence doesn’t hold up, a key element (such as intent) can’t be proven, witnesses change their stories, or the case has legal problems. While no attorney can promise a dismissal, early intervention often creates leverage to pursue a just resolution.

Should I Hire a Lawyer for a First Theft Offense?

In most situations, it’s smart to at least talk with a theft lawyer in Daytona Beach. Even a first offense can follow you through background checks and affect your ability to work, attend school, or obtain housing. We can review what happened, explain your options, and help you avoid unnecessary mistakes, starting with a free consultation. Contact our team.

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To learn about your legal options, call our theft crimes lawyers in Daytona Beach at (386) 693-1637 or submit an online contact form.