Legal Question in Criminal Law in Florida

Max sentence for a Misdemeanor 1

Could you please tell me the maximum possible sentence someone could be given in the state of Florida for shoplifting (items of approx $150 in value)- after being arrested and charged for a misdemeanor 1 petty theft.

What is the difference between Misdemeanor 1 and II

why would such a low value be labeled as misdemeanor I? wouldnt the value need to be at least $300 to be a misdemeanorI especially since this is a first time offense.

If the charges are dropped can this be expunged?


Asked on 11/23/04, 3:40 pm

2 Answers from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: Max sentence for a Misdemeanor 1

The theft statute is Section 812.014, Florida Statutes. The three basic theft offenses are listed below.

Petit Theft of less than $100 is a Second Degree Misdemeanor punishable by up to 60 days in jail.

Petit Theft of property valued between $100 - $300 is a first degree misdemeanor punishable by up to one year in jail.

Grand Theft of property valued over $300 is a third degree felony punishable by up to 5 years in prison.

I can not give you the historical reasoning for this categorization.

Nevertheless, if you have no priors, pretrial diversion is a very likely possibility. You need to consult with an attorney to expedite this.

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Answered on 12/02/04, 12:42 am
Carim Neff The Law Offices of Carim M. Neff, PA

Re: Max sentence for a Misdemeanor 1

1st Degree Misd's are punishable by up to 1 year/$1,000.00 fine. They are seal or expunge eligible if you do not have a conviction and have no other convictions. These charges may be eligible for pretrial diversion which results in the charge being dropped. If in South or Central FL you may call me at (954)478-9048.

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Answered on 11/24/04, 12:37 am


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