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How Florida Classifies Theft Offenses

Florida's theft statute, § 812.014, generally defines theft as knowingly obtaining or using another person's property with the intent to deprive them of it, temporarily or permanently.

The classification of a theft charge generally depends on the value of the property and, in some cases, the type of property or where it was taken from:

  • Petty theft, second degree: Property valued below $100, generally a second-degree misdemeanor.
  • Petty theft, first degree: Property valued at $100 or more but less than $750, generally a first-degree misdemeanor, unless taken from a dwelling, which can elevate it to a felony.
  • Grand theft, third degree: Generally applies to property valued between $750 and $20,000, or to certain specific property types, such as firearms or law enforcement equipment, regardless of value, and is punishable as a third-degree felony.
  • Grand theft, second degree: Generally applies to property valued between $20,000 and $100,000 and is punishable as a second-degree felony.
  • Grand theft, first degree: Generally applies to property valued at $100,000 or more and is punishable as a first-degree felony.

A prior theft conviction can also elevate what would otherwise be a petty theft charge to a more serious offense, and organizing multiple people to carry out theft can independently support a felony charge under the statute.

Common Defenses to Theft Charges

  • Disputing the state's valuation: Challenging how the property was appraised, since the classification of the charge can hinge entirely on the value assigned.
  • Lack of intent to deprive: Arguing the accused believed they had a right to the property, or intended to return it.
  • Mistaken identity: Contesting surveillance footage, witness identification, or circumstantial evidence tying the accused to the theft.
  • Consent or claim of right: Showing the accused had permission to take or use the property, or a good-faith belief they were entitled to it.
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Potential Penalties for Theft Convictions

Penalties depend on the specific degree of the charge. Under Fla. Stat. § 775.082, Florida's general sentencing statute:

  • Second-degree misdemeanor petty theft can carry up to 60 days in jail
  • First-degree misdemeanor petty theft can carry up to a year in jail
  • Third-degree felony grand theft can carry up to 5 years in prison
  • Second-degree felony grand theft can carry up to 15 years in prison
  • First-degree felony grand theft can carry up to 30 years in prison

Because the value of the property, prior record, and specific circumstances all affect these outcomes, an accurate assessment requires review of the specific facts and any valuation evidence the state intends to use.

What Happens After a Theft Arrest in Hillsborough County

  1. Arrest or notice to appear, depending on the severity and circumstances of the charge.
  2. First appearance, addressing bond for in-custody defendants.
  3. Arraignment, where the charge is formally read, and a plea is entered.
  4. Discovery, including review of surveillance footage, receipts, and any valuation evidence.
  5. Resolution, through negotiated plea, restitution arrangement, or trial.
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Steps to Take If You've Been Charged With Theft

  • Do not discuss the allegations with loyalty programs, employers, or on social media before speaking with an attorney.
  • Preserve receipts, messages, or other records that support your account of the transaction.
  • Note whether any items were returned or restitution was offered, since this can factor into resolution.
  • Contact a criminal defense attorney promptly, particularly if the charge could be classified as a felony.
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Why Choose the Grand & Petty Theft Lawyers at Carlson Hayslett, P.A., in Tampa, FL?

If you are facing grand or petty theft charges, you could be facing serious criminal penalties that may affect your future, but a strong defense can help protect your rights. Our grand and petty theft defense attorneys in Tampa understand Florida theft laws and know how to examine the evidence, challenge the prosecution’s case, and develop a defense strategy based on the circumstances of your charges.

For more than 55 years, Carlson Hayslett, P.A., has represented members of the Tampa Bay community with a commitment to personalized service and strong legal advocacy. Our attorneys bring extensive knowledge of the local legal system and a hands-on approach to every case. Our firm is distinguished by:

  • Deep roots in the Tampa Bay and Clearwater legal communities
  • Extensive familiarity with local courts and the judges who preside over them
  • Leadership within the legal community, including involvement in the nomination of judges our clients now appear before
  • Recognition from respected legal organizations such as Super Lawyers, Florida Trial Lawyers, Martindale-Hubbell, and the Clearwater Bar Association

If you are facing grand or petty theft charges, let our team help protect your rights and future. To schedule a free consultation, call 727-219-2272 or complete the form on this website today.

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Grand & Petty Theft FAQs

What is the dollar threshold between petty theft and grand theft in Florida?

Can petty theft become a felony?

Is shoplifting charged under the same statute?

Will I go to jail for a first theft offense?

Can a theft charge be resolved through restitution?

What is the dollar threshold between petty theft and grand theft in Florida?

Generally, $750 is the dividing line: property valued below $750 is typically petty theft. In contrast, property valued at $750 or more is typically grand theft, though certain types of property can qualify as grand theft regardless of value.

Can petty theft become a felony?

Yes, in certain circumstances, such as a prior theft conviction or the taking of property from a dwelling, a petty theft charge can be elevated to a felony.

Is shoplifting charged under the same statute?

Generally yes. Retail theft is typically charged under § 812.014 as either petty or grand theft, depending on the value of the merchandise involved.

Will I go to jail for a first theft offense?

Not necessarily. Outcomes vary widely based on the value involved, criminal history, and the specific facts, and many first-time misdemeanor cases resolve without incarceration.

Can a theft charge be resolved through restitution?

In some cases, paying restitution can be part of a negotiated resolution, though this depends on the prosecutor's position and the specific facts of the case.

Disclaimer

This page is provided for general informational purposes only and does not constitute legal advice. Every theft case depends on its own specific facts, and Florida theft law is nuanced. Nothing on this page should be treated as a substitute for a case-specific consultation with a licensed attorney.

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