Understanding Florida’s Theft Laws and How a Skilled Florida Theft Defense Attorney Can Protect Your Future
Understanding the difference between petit theft and grand theft
As a Florida Theft Defense Attorney, I’ve represented hundreds of clients accused of taking property they didn’t own, and one of the most common questions I hear is, “What’s the difference between petit theft and grand theft?” That difference is not just about the dollar amount, it’s the dividing line between a misdemeanor and a felony that can change your life forever.
Under Florida Statute §812.014, theft occurs when someone “knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or a benefit from the property, or appropriate the property to his or her own use or to the use of any person not entitled to it.”
The statute classifies theft based on the value and type of property. Petit theft typically involves property worth less than $750, while grand theft involves property valued at $750 or more. However, other factors can elevate a case from misdemeanor to felony status, including prior convictions, the type of property, and where or how the alleged theft occurred.
When I defend clients, my first goal is to determine whether the state has correctly charged the offense. Overcharging is common, and reducing a felony to a misdemeanor—or getting the case dismissed entirely—can make all the difference in preserving your job, your record, and your freedom.
Florida Statute §812.014 – Text of the law
The exact text of the statute provides a clear breakdown of how theft offenses are classified:
Florida Statute §812.014(2)(a):
A person commits grand theft of the first degree if the property stolen is:
Valued at $100,000 or more;
A semitrailer that was deployed by a law enforcement officer; or
Cargo valued at $50,000 or more that has entered the stream of commerce.
Florida Statute §812.014(2)(b):
Grand theft of the second degree applies when the property is valued at $20,000 or more but less than $100,000, or involves certain protected items such as emergency medical equipment or law enforcement property.
Florida Statute §812.014(2)(c):
Grand theft of the third degree applies when the value of the property is $750 or more but less than $20,000, or if it involves a firearm, motor vehicle, stop sign, or controlled substance.
Florida Statute §812.014(3):
Petit theft in the first degree occurs when the property is valued at $100 or more but less than $750, and in the second degree when the value is less than $100.
Why the difference matters
The distinction between petit and grand theft is more than a technical issue, it directly affects your criminal record, your future employment, and your freedom. Petit theft can carry up to one year in jail, while grand theft can lead to up to 30 years in prison, depending on the degree.
Employers, landlords, and professional licensing boards often treat any theft conviction as a sign of dishonesty. Even if the offense seems minor, a theft conviction is a “crime of moral turpitude” that can impact your eligibility for jobs, housing, and professional licenses, especially in healthcare, teaching, or law enforcement.
When I represent someone accused of theft, my goal is to challenge the intent element. The prosecution must prove beyond a reasonable doubt that you intended to permanently deprive the owner of the property. Many theft accusations arise from misunderstandings, mistaken identity, or incomplete evidence, and those can be powerful defenses.
Real-life case example
A few years ago, I defended a college student in Tampa accused of grand theft after she was caught leaving a department store with merchandise valued at $850. She was charged with grand theft in the third degree, a felony under §812.014(2)(c). The student had no prior record and was terrified that a felony conviction would ruin her chances of becoming a nurse.
I immediately began reviewing the surveillance footage, witness statements, and police reports. The video showed her distractedly walking out with items she had placed in her bag while on the phone, clearly absentminded, not acting with intent to steal. After presenting this to the prosecutor and emphasizing her clean record, I negotiated a reduction to a misdemeanor petit theft, followed by a deferred prosecution agreement that resulted in dismissal after community service.
She kept her clean record, completed nursing school, and now works in a hospital. Without aggressive defense, her life could have taken a very different turn.
How value determines the level of theft charges
Under Florida law, the value of the property taken determines the level of the charge:
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Petit theft (second degree): Property valued under $100, up to 60 days in jail.
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Petit theft (first degree): Property valued at $100–$749, up to one year in jail.
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Grand theft (third degree): Property valued at $750–$19,999, up to five years in prison.
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Grand theft (second degree): Property valued at $20,000–$99,999, up to 15 years in prison.
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Grand theft (first degree): Property valued at $100,000 or more, up to 30 years in prison.
Even a $1 difference can mean the difference between misdemeanor and felony. That’s why a Florida Theft Defense Attorney must closely review valuation evidence—receipts, appraisals, or depreciation—to challenge inflated or inaccurate amounts.
Additional Florida laws that can affect theft cases
Several related statutes can influence how a theft charge is prosecuted:
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Florida Statute §812.015 – Addresses retail theft and shoplifting, including organized retail theft groups.
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Florida Statute §812.0145 – Enhances penalties when theft involves elderly or disabled victims.
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Florida Statute §775.084 – Allows for enhanced sentencing for habitual offenders or those with prior theft convictions.
These laws show how quickly a simple mistake can escalate. Even a shoplifting accusation can be charged as felony grand theft if the value threshold is met or if you’ve had prior theft offenses.
Defenses a Florida Theft Defense Attorney may raise
Theft charges often turn on intent. The prosecution must show beyond a reasonable doubt that you knowingly and intentionally took property belonging to another with the intent to permanently deprive them of it. I’ve successfully defended clients using these common defenses:
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Lack of intent – The accused did not intend to steal, such as forgetting to pay for an item.
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Mistaken identity – Someone else committed the act and the wrong person was identified.
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Consent – The alleged victim gave permission to use or borrow the property.
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Ownership dispute – The defendant believed the property was theirs or had a legal right to it.
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Insufficient value – The prosecution overestimated the property’s value, pushing a misdemeanor into felony territory.
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Improper police procedure – Unlawful search or seizure, missing chain of custody, or lack of Miranda warnings.
These defenses require a detailed review of evidence, witness statements, and the state’s proof. Without an attorney, many defendants accept plea deals that carry permanent consequences. A skilled defense can expose weaknesses and force the state to reconsider or dismiss the case.
Why having a private defense attorney matters
Public defenders in Florida work tirelessly but are often burdened with hundreds of cases. A private Florida Theft Defense Attorney can dedicate the time to analyze every detail, negotiate directly with prosecutors, and seek diversion or dismissal programs that might not otherwise be explored.
A private attorney can also assist with civil theft claims, restitution issues, and post-arrest relief like record expungement once the case is resolved. These steps are vital to protecting your long-term record, especially if you are a student, licensed professional, or someone applying for citizenship.
When I represent clients, I often intervene early, even before formal charges are filed. Early intervention can sometimes prevent a case from ever reaching the courtroom. I work closely with prosecutors to present mitigating facts, character references, and evidence showing lack of criminal intent.
Consequences beyond the courtroom
A theft conviction in Florida carries consequences beyond fines and incarceration. A misdemeanor or felony theft conviction can lead to:
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Loss of employment or professional licenses
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Denial of housing applications
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Immigration consequences for non-citizens
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Ineligibility for student financial aid
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Public record exposure that impacts your reputation
Florida law treats theft as a moral character issue, meaning even a minor theft conviction can damage your standing in future background checks. That’s why it’s critical to fight every charge and, where possible, seek dismissal or expungement.
The importance of record sealing and expungement
If your case is dismissed or you receive a withhold of adjudication, you may qualify to have your record sealed or expunged under Florida Statute §943.0585. This can remove the record from public view and restore your reputation. However, you must meet specific eligibility requirements, and certain theft convictions are excluded.
An attorney can review your record and determine if sealing or expungement is possible. Taking this step can protect your employment, housing, and professional opportunities long after the case is closed.
Why early legal action makes all the difference
If you’ve been accused of theft, do not wait until your first court date. The sooner an attorney becomes involved, the more options you have for a favorable outcome. Early intervention allows your defense lawyer to:
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Collect and preserve surveillance footage before it’s deleted
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Contact witnesses who can confirm your version of events
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Negotiate pre-filing diversion agreements
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Challenge unlawful detentions or searches
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Prevent the filing of felony charges if evidence doesn’t support them
Time is one of your strongest assets, but only if used wisely. Having an experienced defense attorney by your side from the start ensures your rights and future are protected at every stage.
Florida Theft Charge FAQs
What is the main difference between petit theft and grand theft in Florida?
Petit theft involves property valued under $750, while grand theft involves property worth $750 or more. Petit theft is usually a misdemeanor, while grand theft can be a felony carrying significant prison time. However, the difference is not just the dollar amount—certain types of property, such as firearms or motor vehicles, automatically elevate the charge to grand theft regardless of value.
Can a petit theft charge still affect my record?
Yes. Even a misdemeanor petit theft conviction appears on your record and is considered a crime of dishonesty. It can affect job applications, professional licensing, and even college admissions. A skilled attorney can often secure a dismissal, diversion, or record sealing to prevent long-term harm.
Can I be charged with grand theft if I return the property?
Yes, returning the property does not erase the offense, but it can show remorse or lack of criminal intent, which may lead to reduced penalties or dismissal. An attorney can negotiate with prosecutors to use restitution as part of a resolution.
What happens if the property’s value is disputed?
Valuation is often the key issue in theft cases. Prosecutors must prove the value beyond a reasonable doubt. If the defense can demonstrate that the property’s fair market value was below the felony threshold, the charge can be reduced to a misdemeanor.
Is intent required for theft charges?
Absolutely. The state must prove intent to permanently or temporarily deprive the owner of their property. If you took property by mistake, forgot to pay, or believed you had the right to it, those facts can form a strong defense.
Can I get a theft charge expunged in Florida?
If your case is dismissed, you may be eligible to expunge it under §943.0585. If you receive a withhold of adjudication, you may be able to seal your record. Certain conditions apply, so it’s best to review eligibility with your attorney.
Why do I need a private Florida Theft Defense Attorney?
A private attorney can dedicate more time to your case, negotiate directly with prosecutors, and develop a defense strategy aimed at dismissal or charge reduction. Theft cases often involve evidence like surveillance footage, receipts, and witness statements that require careful analysis. A private attorney ensures every detail is examined and every opportunity to protect your record is pursued.
Call Musca Law for a free consultation – Florida Theft Defense Attorney
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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with theft and other criminal offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation. We have over 35 office locations throughout Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
If you’ve been accused of petit or grand theft, the right defense can mean the difference between a clean record and a lifetime of consequences. Let me fight for your rights, your reputation, and your future.