The Consequences of Second-Degree Misdemeanor Petit Theft in Miami

 

The Consequences of Second-Degree Misdemeanor Petit Theft in Miami

Getting charged with petit theft can be scary. Even though it’s “just” a misdemeanor, it can still really mess up your life if you’re convicted. This article will break down what happens if you’re charged with second-degree petit theft in Miami – what it means, the penalties, and how it can impact your life going forward.

What is Petit Theft?

Petit theft is when you take someone else’s property without permission. The legal definition in Florida law is that you “knowingly obtain or use” someone else’s property with the intent to temporarily or permanently take it from them[1].

There are two types of petit theft charges in Florida:

• First-degree petit theft – Stealing property worth $100-$750
• Second-degree petit theft – Stealing property worth less than $100

Second-degree petit theft is charged when the value of the stolen property is less than $100. Some examples are shoplifting a cheap item from a store, taking a backpack that doesn’t have much in it, or stealing someone’s old bike. Even though it doesn’t seem like much, it can still be charged as a crime.

Penalties for Second-Degree Petit Theft

A second-degree petit theft charge is a second-degree misdemeanor in Florida. This means the maximum penalties if convicted are[2]:

• Up to 60 days in jail
• Up to 6 months probation
• Up to $500 fine

The judge has a lot of discretion on the exact punishment. Some judges will only give probation for a first offense, while others may impose the maximum jail time. It really depends on the specific circumstances of your case and criminal history.

Criminal Record

One of the worst consequences of a petit theft conviction is that it goes on your permanent criminal record. This can make it much harder to get jobs, as many employers won’t hire someone with a theft conviction.

It can also cause problems if you apply to rent an apartment, as many landlords do criminal background checks these days. Some may not want to rent to someone with a theft record out of fear you might steal from other tenants.

License Suspension

Under Florida law, a petit theft conviction also results in your driver’s license being suspended[1]. For a first offense, your license will be suspended for 6 months. For a second petit theft conviction, it’s suspended for 1 year.

This can make it extremely difficult to get around Miami without driving. Our public transportation isn’t the best, so you’ll have to rely on rides from friends or Uber/Lyft which gets expensive.

Immigration Consequences

If you’re not a U.S. citizen, a petit theft conviction can also impact your immigration status. It likely won’t result in automatic deportation. But it can still hurt your chances of getting a green card or citizenship.

The government may see it as evidence you lack “good moral character.” So if you already have a visa, be careful that a petit theft conviction doesn’t jeopardize your ability to renew it.

Future Job Opportunities

Like we mentioned earlier, having a theft conviction makes it much harder to get hired. Many employers in Miami won’t hire someone with a record of stealing. It raises too many red flags for them.

Your job options will become super limited. For example, you likely won’t be able to get a job in any store or company that handles cash or inventory. They won’t want to take the risk of hiring someone with a history of theft.

Trouble Renting Housing

Landlords frequently do criminal background checks on rental applicants. If they see a theft conviction, many won’t want to rent to you out of fear you might steal from other tenants.

Your rental options will be limited to landlords who don’t do background checks. And those places are often not the nicest or safest apartments to live in. So a petit theft conviction can really impact your living situation.

Stigma of a Criminal Record

Beyond the formal penalties, there’s also the social stigma of having a criminal record. Friends, family, and society treat you differently once you have a conviction.

People make assumptions that you’re untrustworthy or likely to steal again. They’ll be more suspicious of you and guarded. So a petit theft conviction can negatively impact your social life and relationships.

Difficulty Getting Federal Student Loans

If you’re a student hoping to get federal loans to pay for college, a theft conviction can jeopardize that. One requirement for federal student aid is that you must be of “good moral character.” A petit theft conviction may cause them to deny you aid on moral grounds.

So if you were hoping to get grants, loans, or work-study to pay for school, this conviction could ruin those plans and make paying for college much harder.

Trouble Joining the Military

Joining one of the armed forces is out of the question if you have a theft conviction. The military does not accept anyone with a criminal record except in special circumstances. And they are extremely strict about it.

So if you had hopes of joining the Army, Navy, Marines, Air Force, or Coast Guard, you can pretty much forget about that if convicted of petit theft.

Difficulty Traveling to Other Countries

Some countries will deny you entry if you have a criminal record involving “moral turpitude” like theft. So a petit theft conviction could jeopardize your ability to travel abroad, study abroad, or go on vacation out of the country.

For example, Canada typically won’t allow anyone with a theft conviction to enter. So your dreams of taking a trip up north are probably dashed if convicted of petit theft.

Possible Deportation

As mentioned earlier, a petit theft conviction likely won’t directly cause you to be deported if you’re a legal immigrant. But it can still open the door for the government to try and deport you if they want to.

Especially under the current administration, ICE is quick to deport immigrants with any criminal record. So a petit theft conviction puts a target on your back and really raises your odds of getting deported if ICE comes looking for you.

What Should You Do if Charged?

If you’ve been charged with second-degree petit theft in Miami, don’t just plead guilty and accept the consequences. Meet with an experienced criminal defense lawyer to explore your options. A good lawyer may be able to get the charges reduced or even dismissed.

For example, they can argue you had a right to the property, it was a mistake, or someone else really stole it. A solid defense can sometimes get these charges dropped so you avoid all the devastating consequences.

So don’t just give up hope – fight the charges with a top lawyer on your side! It could make all the difference in avoiding a devastating conviction.