The Fourth District Court of Appeal (covering Palm Beach, Broward, Martin, and St. Lucie Counties) recently held that in a Florida Petit Theft case, the State must prove value of an object if they intend to seek the enhanced charge of 1st Degree Petit Theft. In M.K. v. State, 39 Fla. L. Weekly D1420b (Fla. 4th DCA 2014), the Defendant was found Guilty of a 1st degree misdemeanor as the Juvenile MK (who is coincidentally not Matthew Konecky) MK had allegedly stolen a gold Gucci Necklace. In the trial, the State only introduced testimony that the necklace was gold, and Gucci. The State’s failure to introduce evidence that the necklace was valued over $100.00 required a reversal and entry of judgment of 2nd degree misdemeanor.
What does this mean? Just because something is “real gold” or Gucci doesn’t mean the State doesn’t have the burden to prove the real value. This is applicable in Petit Theft cases, Shoplifting cases, and Grand Theft cases.
I represent individuals in South Florida Petit Theft cases and have helped numerous clients with their court cases. If you stand accused of any type of theft in Miami, Broward or Palm Beach counties, please contact The Law Offices of Matthew Konecky today.