What You Need to Know About Felony Grand Theft Charges and How a Florida Felony Grand Theft Defense Attorney Can Protect Your Future
Understanding what grand theft means in Florida
As a Florida Felony Grand Theft Defense Attorney, I am often asked one simple but critical question: Is grand theft really a felony in Florida? The short answer is yes. Grand theft is classified as a felony under Florida law, and the consequences can include years in prison, thousands in fines, and a permanent felony record that can affect your entire life.
Florida prosecutors take theft cases seriously, particularly when the value of the property taken is above $750 or when the item itself has special protection under the law, such as firearms, vehicles, or emergency equipment. Even a single mistake or misunderstanding can turn into a felony case that threatens your reputation, freedom, and livelihood.
My job as your attorney is to challenge the evidence, protect your rights, and work toward the best possible result—whether that means reducing the charge to a misdemeanor, avoiding a conviction altogether, or having the case dismissed.
Florida Statute §812.014 – How the law defines grand theft
The law governing theft in Florida is Florida Statute §812.014, and it clearly distinguishes between petit theft (a misdemeanor) and grand theft (a felony). The statute states:
Florida Statute §812.014(1)
A person commits theft if he or she 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 to appropriate the property to his or her own use or to the use of any person not entitled to it.
Once intent is established, the level of theft is determined primarily by the value of the property involved.
When theft becomes a felony
Under Florida Statute §812.014(2), theft becomes grand theft, a felony, when the value of the stolen property exceeds $750 or involves certain types of protected property.
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Grand theft of the third degree occurs when:
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The property is valued at $750 or more but less than $20,000,
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A firearm, motor vehicle, stop sign, or controlled substance is stolen, or
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The theft involves property from a construction site valued at $300 or more.
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Penalty: Up to 5 years in prison and a $5,000 fine.
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Grand theft of the second degree applies when:
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The property is valued at $20,000 or more but less than $100,000,
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The theft involves law enforcement equipment, cargo, or emergency medical gear.
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Penalty: Up to 15 years in prison and a $10,000 fine.
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Grand theft of the first degree is the most severe and occurs when:
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The property value is $100,000 or more, or
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The theft causes more than $1,000 in property damage, or
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A motor vehicle is used to commit the crime and causes damage to property or people.
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Penalty: Up to 30 years in prison and a $10,000 fine.
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Every degree of grand theft carries the potential for a felony conviction, permanent criminal record, and long-term damage to your personal and professional life.
Why intent matters in a grand theft case
Intent is the cornerstone of any theft case. The prosecution must prove beyond a reasonable doubt that you intended to permanently or temporarily deprive the owner of their property. In many situations, intent is misunderstood or assumed without evidence.
For example, a person might borrow property with permission or forget to return it promptly. Retail theft cases may involve confusion at self-checkouts or mistaken pricing. These issues are common and can lead to wrongful arrests.
As your defense attorney, I focus on proving that the prosecution cannot establish intent. Without intent, there is no theft, and the entire case can fall apart.
Real-life case example
I once represented a small business owner in Miami accused of grand theft in the second degree after being accused of taking construction materials valued at approximately $35,000 from a warehouse where he had worked as a subcontractor. The owner of the property claimed the materials were stolen after a billing dispute.
After reviewing the evidence, I discovered that my client had a text message from the property owner giving him permission to remove the items temporarily for a worksite project. We gathered witness statements, photographs, and records of his business payments to demonstrate that the materials were being used as part of an ongoing contract.
By presenting this evidence early in the case, the prosecutor agreed to dismiss the charges entirely before trial. My client avoided a felony conviction, and his record remained clean. Without aggressive legal defense, that misunderstanding could have cost him his business and freedom.
Florida’s sentencing and penalties for grand theft
Felony theft charges in Florida come with more than just the possibility of imprisonment. The long-term impact includes probation, restitution, and a permanent mark on your record that can follow you for decades.
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Third-degree felony: Up to 5 years in prison, 5 years probation, and a $5,000 fine.
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Second-degree felony: Up to 15 years in prison, 15 years probation, and a $10,000 fine.
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First-degree felony: Up to 30 years in prison and a $10,000 fine.
Florida also enforces mandatory restitution, meaning you may be required to pay back the value of the alleged stolen property, even if you never benefited from it.
Because of the severe nature of felony sentencing, it is essential to have a private defense attorney who can negotiate for reduced penalties, probation instead of incarceration, or entry into a diversion or pretrial intervention program when eligible.
Defenses available in Florida grand theft cases
Each case is unique, but several defenses can be raised depending on the evidence and circumstances:
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Lack of intent – You did not intend to steal or permanently deprive the owner of their property.
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Mistaken ownership – You believed the property belonged to you or that you had a legal right to possess it.
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Consent – The property owner allowed you to take or use the item.
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Value dispute – The property’s actual value is less than claimed, which may reduce the charge from a felony to a misdemeanor.
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Insufficient evidence – The prosecution cannot prove you took or used the property.
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Illegal search or seizure – Evidence was obtained through an unlawful search in violation of your Fourth Amendment rights.
As your defense attorney, I will thoroughly examine every piece of evidence, including surveillance footage, witness statements, and police reports, to uncover inconsistencies or procedural errors that may help your case.
Related Florida statutes and enhancement laws
Florida has several related statutes that can influence a grand theft case:
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Florida Statute §812.015 – Addresses retail theft, including organized retail theft groups.
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Florida Statute §812.0145 – Increases penalties when the theft involves elderly or disabled victims.
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Florida Statute §775.084 – Allows for enhanced sentencing for repeat offenders, potentially turning a third-degree felony into a longer prison sentence.
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Florida Statute §775.089 – Requires restitution for victims, even if incarceration is avoided.
A Florida Felony Grand Theft Defense Attorney must understand how these statutes interact to prevent unnecessary charge enhancements or exaggerated penalties.
Why hiring a private attorney makes a difference
Many people believe that a theft case can be handled by a public defender or by pleading guilty to get it over with. This is one of the biggest mistakes a person can make. Public defenders are often overloaded with cases and may not have the time to investigate every detail or negotiate aggressively on your behalf.
A private defense attorney can:
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Challenge the value and classification of the alleged stolen property.
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Investigate improper police procedures or constitutional violations.
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Negotiate for charge reductions or diversion programs.
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Protect your record through sealing or expungement after case resolution.
The goal is not just to avoid jail but to preserve your reputation, employment opportunities, and future.
Why early representation is critical
The earlier you retain counsel, the better your chances of obtaining a favorable outcome. Early representation allows for:
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Immediate contact with prosecutors to discuss possible reductions.
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Preservation of security camera footage before it’s lost.
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Identification of witnesses who can testify on your behalf.
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Prevention of overcharging or unnecessary felony filing.
Timing often determines whether a case can be resolved quietly or whether it escalates into a damaging felony prosecution.
How grand theft convictions affect your record
A felony conviction in Florida is permanent. It cannot be sealed or expunged, and it removes key civil rights such as the right to vote, own firearms, and hold certain professional licenses. It also becomes public record, visible to employers, landlords, and licensing boards.
Even after serving time or probation, the stigma of a felony theft conviction can follow you for life. My goal in every case is to prevent that outcome through dismissal, acquittal, or reduction to a lesser offense that can later be sealed or expunged.
Rehabilitation options and diversion programs
In some cases, especially for first-time offenders, Florida counties may offer pretrial diversion or deferred prosecution programs. Completing these programs successfully can result in dismissal of the charges. Eligibility depends on the value of the property, criminal history, and cooperation with restitution requirements.
A skilled attorney can negotiate your entry into these programs, allowing you to avoid a criminal conviction entirely.
Florida Felony Grand Theft FAQs
Is grand theft always a felony in Florida?
Yes. Grand theft is always classified as a felony in Florida under §812.014(2). The degree of felony—first, second, or third—depends on the value of the property and the circumstances of the alleged offense.
Can a grand theft charge be reduced to a misdemeanor?
Yes. If the defense can prove that the property’s fair market value was below $750, the charge may be reduced to petit theft, a misdemeanor. This can significantly lessen penalties and make you eligible for record sealing in the future.
What if I accidentally took something without realizing it?
Accidental or mistaken taking is a common defense. The law requires proof of intent to steal. If intent cannot be proven, you cannot be convicted of theft.
Can grand theft charges be dropped?
Yes, depending on the facts. If the prosecutor determines that the evidence is weak or the alleged victim recants, charges can be dismissed. Having a defense attorney present your side early can help achieve that outcome.
What are the long-term consequences of a grand theft conviction?
A felony theft conviction can lead to loss of civil rights, difficulty finding employment, and a damaged reputation. It cannot be expunged once you are adjudicated guilty. Avoiding a conviction is critical.
Why do I need a private Florida Felony Grand Theft Defense Attorney?
A private attorney can focus on every aspect of your defense—from valuation disputes to pretrial negotiations—and work toward dismissal or reduction. With a felony at stake, personalized representation can make the difference between freedom and years behind bars.
Call Musca Law today to speak with our Florida Felony Grand Theft Defense Attorneys
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with theft, DUI, 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 or someone you love has been accused of grand theft, do not wait to protect your rights. Contact us immediately to discuss your options, build your defense, and take control of your future before a felony conviction changes your life forever.