
Defending Petit Theft Charges in Stuart FL
By Christian Van Riper, Criminal Defense Attorney, Van Riper & Nies Attorneys, PA
Being arrested for petit theft in Stuart, Florida, can feel overwhelming. Even though it is classified as a misdemeanor, a conviction can have long-lasting consequences, including a permanent criminal record, difficulty obtaining employment, and even immigration complications for non-citizens. If you or a loved one has been charged, it is important to understand both the legal process and your rights.
Understanding Petit Theft in Florida
Under Florida law, petit theft (Fla. Stat. Section 812.014) generally involves unlawfully taking property valued at less than $750. Depending on the value of the alleged theft and prior convictions, petit theft may be charged as a first-degree or second-degree misdemeanor. There are two degrees: Petit theft in the 2nd degree for property under $100 (2nd degree misdemeanor with up to 60 days jail time and fines up to $500) and petit theft in the first degree for property between $100 and $749 (a first degree misdemeanor with up to 1 year in jail). If you have a prior theft conviction, the charge may be upgraded to a first degree misdemeanor.
Defense Strategies in Petit Theft Cases
Every case is unique, but common defenses to petit theft in Florida, which our Stuart FL criminal lawyer will investigate and consider include:
-
Lack of intent: The Martin county prosecutor must prove that you intended to permanently deprive the owner of the property. Absentmindedly leaving a store with merchandise is not the same as theft.
-
Mistaken identity: Video footage and eyewitness testimony are not always reliable.
-
Ownership disputes: In some cases, the accused may have believed the property was theirs to take.
-
Constitutional challenges: If your rights were violated during the investigation, such as through an unlawful search or seizure, key evidence may be suppressed.
As a former prosecutor in this Circuit 19, I understand how the prosecutor builds its case. That experience allows me to anticipate the strategies used by law enforcement and the prosecution, and to develop an aggressive criminal defense aimed at protecting your record and your future. it is important that your Martin County criminal defense attorney has experience defending petit theft charges in Stuart FL.
Why Choose a Stuart Criminal Defense Lawyer?
I have experience as a Martin County criminal defense attorney defending clients charged with petit theft. Further, I was raised in Stuart, Florida, and I have practiced law here for many years, first as a prosecutor then as a criminal defense attorney. This gives me both a deep understanding of the local court system and a strong commitment to protecting the people of my community. I take the time to get to know our clients personally and to craft a defense strategy tailored to their circumstances. It is very common for me to speak with my clients on my cellular both day and night.
For many first-time offenders, alternatives to conviction may be available, such as diversion programs or negotiated resolutions that avoid a permanent criminal record. My goal as a Stuart FL criminal lawyer is always to fight for the best possible outcome, whether that means dismissal, reduced charges, or alternative sentencing.
If you or someone you know has been charged with petit theft in Stuart, Florida, don’t face the system alone. Contact me, Christian Van Riper, at Van Riper and Nies Attorneys at 772-283-8712 day or night or contact me here. Let’s talk about your criminal case and how I can put my experience as a former prosecutor and Stuart native to work for you. Christian also defends clients charged with shoplifting.
We are a veteran-owned law firm and offer discounts to military veterans.
Van Riper and Nies Attorneys
900 SE Ocean Blvd, Ste. 140-E, Stuart, FL 34994. Tel: 772-283-8712.
Contact Us
For more information about our trial practice and for a free consultation please call us day or night, e-mail us, or complete the contact form below.