• First Degree Petit Theft — The defendant knowingly obtains, uses, or tries to obtain or use, the property of another valued at more than $100, but less than $750. Classified as a first-degree misdemeanor, punishable by up to one year in jail and a fine up to $1,000.
• Second Degree Petit Theft — The defendant knowingly obtains, uses, or tries to obtain or use, the property of another valued at less than $750. Classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine up to $500.

In addition, an individual convicted of petit theft may also face civil penalties — a driver’s license suspension for up to 1 year and court-ordered restitution to the victim, based on the value of the property taken.

In order to gain a conviction, prosecutors must be able to prove the following elements of petit theft beyond a reasonable doubt:

• The defendant knowingly and unlawfully obtained or used, or attempted to obtain or use, the property of another
• The defendant did so with the intent of permanently or temporarily (1) depriving the owner of his or her right to the property or any benefit from it, or (2) appropriating the property to the defendant’s own use or to the use of any person not entitled to it.
• In order to establish intent, the prosecution must be able to demonstrate not only that an intentional act occurred, but also that the defendant had the intent to deprive of the owner of the property. As an example, an unlawful taking as an act of revenge may not constitute intent.

Defenses that may be effective against petit theft charges include:

• An Alibi — The defendant was not at the scene when the crime occurred
• Lack of Intent — The defendant had a good faith belief that he or she owned the property, had a possessory interest in the property, or had a joint ownership interest in the property
• Good faith possession — The defendant had taken possession of property with good faith belief that he or she had a right to the property, can be unreasonable or mistaken if honestly held belief.
• Consent — The defendant had the owner’s consent to take the property
• Mistake of Fact – similar to good faith, basically believing the object in question is your property.

Pretrial Intervention for First Offenses

Although petit theft is a misdemeanor offense, a conviction may lead to jail time and a permanent blemish on your criminal record. Fortunately, there are “diversion programs” for a first arrest, which divert grand theft cases lacking a viable defense away from the courts before a trial occurs. One such program is known as Pretrial Intervention (PTI) — an arrangement between the defendant and the state in which prosecutors agree to dismiss the charges. In exchange, the defendant must complete certain requirements within a specified time period, including:

• Community service
• Restitution
• Financial responsibility or retail theft/”anti-theft” classes
• Payment of monthly program fees

All of the foregoing requirements are designed to “rehabilitate” the defendant and prevent future violations of the law.