Understanding Felony Theft Charges And Why You Need A Florida Felony Theft Defense Attorney To Protect Your Future
What Makes Theft A Felony In Florida
As a Florida Felony Theft Defense Attorney, one of the most common questions I hear from clients is, “How much theft is considered a felony in Florida?” The answer depends on the value of the property, the type of property, and any prior theft convictions on your record. Florida’s theft laws are strict, and even a small mistake or misunderstanding can lead to serious felony charges that threaten your freedom and your future.
Under Florida Statute §812.014, theft occurs when a person “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.”
If the value of the property reaches $750 or more, the charge becomes grand theft, which is a felony offense. Anything below $750 is typically considered petit theft, a misdemeanor. The difference of a few dollars can mean the difference between a minor offense and a serious felony that follows you for life.
Florida Statute §812.014 – Text Of The Law
Florida Statute §812.014(2)(c):
“If the property stolen is valued at $750 or more, but less than $20,000, the offender commits grand theft of the third degree, a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.”
Florida Statute §812.014(2)(b):
“If the property stolen is valued at $20,000 or more, but less than $100,000, the offender commits grand theft of the second degree, a felony of the second degree.”
Florida Statute §812.014(2)(a):
“If the property stolen is valued at $100,000 or more, the offender commits grand theft of the first degree, a felony of the first degree.”
In short:
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$750–$19,999 = Third-degree felony (up to 5 years in prison)
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$20,000–$99,999 = Second-degree felony (up to 15 years in prison)
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$100,000 or more = First-degree felony (up to 30 years in prison)
Real Case Example: From Felony To Dismissal
I once represented a young man from Orlando accused of stealing high-end construction tools from a job site valued at roughly $2,500. Police charged him with grand theft in the third degree. The problem was, he had been working on the same site for weeks and had permission to borrow the tools for work purposes. The misunderstanding arose when a supervisor mistakenly reported the tools as missing after the client had already returned them to a locked storage unit.
After investigating, I obtained security footage confirming he had returned the items. I presented this evidence to the prosecutor, along with written statements from coworkers. The result was a full dismissal of all charges before trial.
Without a strong defense, he could have faced a felony record, loss of his job, and up to five years in prison. This case shows how quickly a false accusation can spiral and how essential it is to have an experienced attorney on your side.
Why The Dollar Amount Matters
Florida’s theft laws base penalties on the fair market value of the property, not what it cost new or what you personally believe it’s worth. The state uses the item’s current resale value or expert appraisals to determine the amount. This process is often subjective, which gives your defense attorney a powerful opportunity to challenge inflated valuations.
For example, prosecutors may claim an item was worth $1,000 when, in reality, it was only worth $500. That difference could reduce the charge from a third-degree felony to a first-degree misdemeanor, dramatically changing your potential sentence.
A skilled attorney can bring in valuation experts, receipts, or depreciation data to argue for a lower value and a reduced charge.
Different Degrees Of Felony Theft In Florida
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Grand Theft in the Third Degree (§812.014(2)(c))
Property valued between $750 and $20,000 or specific items like a motor vehicle, firearm, or stop sign. Punishable by up to 5 years in prison and $5,000 in fines. -
Grand Theft in the Second Degree (§812.014(2)(b))
Property valued between $20,000 and $100,000 or stolen emergency medical or law enforcement equipment. Punishable by up to 15 years in prison and $10,000 in fines. -
Grand Theft in the First Degree (§812.014(2)(a))
Property valued at $100,000 or more or involving use of a vehicle to commit the theft and cause damage. Punishable by up to 30 years in prison and $10,000 in fines.
Even the lowest felony level carries serious consequences that can haunt you long after you’ve served your sentence. Employers, landlords, and licensing boards often deny applicants with felony theft records.
Additional Florida Laws That Affect Theft Charges
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Florida Statute §812.015 – Addresses retail theft, including organized shoplifting operations and theft detection countermeasures.
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Florida Statute §812.0145 – Increases penalties when the victim is elderly or disabled.
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Florida Statute §775.084 – Allows enhanced sentences for habitual offenders or those with prior theft convictions.
These laws can stack penalties or increase the charge’s severity, depending on your history or the property involved.
Common Defenses Used By A Florida Felony Theft Defense Attorney
A strong defense begins with a detailed review of the evidence. As your attorney, I examine surveillance, witness statements, police reports, and valuation evidence to find weaknesses in the prosecution’s case. Some of the most effective defenses include:
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Lack of intent: You must have intended to permanently or temporarily deprive the owner of property. Mistakes, confusion, or miscommunication can undermine this element.
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Ownership or right to use: If you had permission to use or believed you owned the property, theft cannot be proven.
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Value dispute: Proving the value is below $750 can reduce a felony to a misdemeanor.
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Mistaken identity: Witnesses or video footage often misidentify the accused.
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Illegal search or seizure: Evidence obtained without proper warrants can be excluded.
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Insufficient evidence: The state must prove every element beyond a reasonable doubt, including intent and value.
These defenses are only effective when presented strategically by an experienced private attorney who understands how prosecutors build theft cases in Florida.
Why You Need A Private Defense Attorney
Many people make the mistake of accepting a plea deal or working with an overburdened public defender. A private Florida Felony Theft Defense Attorney has the time and resources to investigate every angle of your case. We can:
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Review every detail of the arrest and evidence collection process.
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Negotiate directly with prosecutors for diversion, reduction, or dismissal.
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Pursue pre-trial motions to suppress illegally obtained evidence.
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Challenge valuation claims with documentation and expert opinions.
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Seek entry into diversion or pretrial intervention programs for first-time offenders.
A private attorney can also help with the collateral consequences of a felony charge—like sealing or expunging your record when possible, or protecting professional licenses that might otherwise be lost.
Penalties And Consequences Of Felony Theft
Felony theft convictions carry not only prison time and fines but also lasting damage to your record. Even if you receive probation instead of incarceration, the conviction remains on your record permanently unless expunged. Consequences include:
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Permanent felony record visible to employers and landlords
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Loss of firearm rights under federal law
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Damage to professional reputation and career opportunities
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Immigration consequences for non-citizens
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Increased penalties for future offenses
I’ve represented clients who lost employment opportunities years after completing probation simply because of a felony theft conviction. That’s why fighting the charge from day one is essential.
How A Felony Theft Conviction Impacts Your Future
A felony conviction in Florida affects almost every area of your life. It can lead to loss of professional licenses, inability to qualify for certain loans, and restrictions on voting or holding public office. Even after serving your sentence, you may find it difficult to secure housing or return to school.
As your attorney, my goal is to prevent a felony conviction from ever appearing on your record. When possible, I push for pretrial diversion programs, deferred prosecution, or charge reductions that can preserve your clean record and keep your future open.
Why Timing Matters In Felony Theft Defense
The sooner you hire a private defense attorney, the better your chances of a favorable outcome. Early involvement allows me to gather surveillance evidence before it’s erased, secure witness statements while memories are fresh, and begin negotiations before formal charges are even filed.
In many cases, I’ve been able to persuade prosecutors not to file felony charges at all by presenting mitigating evidence early in the process. That’s the advantage of having private representation—you gain immediate, proactive defense, not just reaction in court.
Protecting Your Record After A Theft Case
If your felony theft charge is dismissed or results in a withhold of adjudication, you may be eligible for record sealing or expungement under Florida Statute §943.0585. These options can remove the record from public databases, giving you a fresh start. However, eligibility is limited and time-sensitive, so legal guidance is essential.
Florida Felony Theft Defense FAQs
How much theft is a felony in Florida?
Theft becomes a felony in Florida when the value of the property reaches $750 or more. Anything less is usually petit theft, a misdemeanor. However, the type of property—such as a firearm, motor vehicle, or controlled substance—can automatically elevate the charge to a felony even if the value is less than $750.
What is the punishment for felony theft?
Depending on the degree, penalties range from up to 5 years in prison for a third-degree felony to 30 years in prison for a first-degree felony. Fines can reach $10,000, along with probation and restitution orders.
Can a felony theft charge be reduced to a misdemeanor?
Yes, if your attorney can prove the property’s fair market value was below $750, or if mitigating factors exist, the charge can be reduced to petit theft. Negotiating these reductions requires evidence and strong advocacy.
Can I avoid jail for a felony theft charge?
First-time offenders may qualify for diversion programs, probation, or deferred adjudication instead of jail. A private attorney can present your background and circumstances to prosecutors to seek alternative resolutions.
What if I returned the stolen property?
Returning the property does not automatically dismiss the charge, but it can demonstrate remorse or lack of intent. This often leads to reduced penalties or dismissal when handled correctly by your attorney.
How can a Florida Felony Theft Defense Attorney help me?
An experienced attorney can evaluate the evidence, challenge valuation and intent, and seek every opportunity for dismissal or reduction. Having private counsel ensures personalized attention, ongoing communication, and a defense strategy built specifically for your case.
Can a felony theft be expunged in Florida?
If your case was dismissed or resulted in a withhold of adjudication, you may qualify for expungement or sealing. Convictions generally cannot be expunged, but an attorney can determine your eligibility.
Call Musca Law For A Free Consultation With Our Florida Felony Theft Defense Attorney
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 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 are facing felony theft charges, you need an attorney who will fight aggressively for your freedom and your record. I will examine every fact, challenge every claim, and work tirelessly to protect your future from the lasting impact of a felony conviction.