Understanding Florida’s Theft Laws and How a Florida Grand Theft Defense Attorney Can Protect Your Freedom

Understanding what grand theft means in Florida

As a Florida Grand Theft Defense Attorney, I am often asked what separates a misdemeanor theft case from a felony grand theft charge. The difference can determine whether you walk away with a fine or face years in prison. Grand theft under Florida law involves the unlawful taking of property valued at $750 or more, or specific types of property identified by statute, with the intent to permanently or temporarily deprive the owner of its use or benefit.

Even when the alleged act seems minor or involves a misunderstanding, prosecutors aggressively pursue grand theft charges because of the dollar amount or the type of property involved. That is why you must take any accusation of grand theft seriously. The penalties can follow you for life, but with the right legal defense, many of these cases can be reduced, dismissed, or resolved in ways that protect your future.

Quoting the statute that defines grand theft in Florida

The key statute governing theft crimes in Florida is Florida Statute §812.014, which provides in part:

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,
(a) Deprive the other person of a right to the property or a benefit from the property, or
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the property.”

The statute then breaks down the offense by degree:

§812.014(2)(a): Grand Theft in the First Degree

  • Property valued at $100,000 or more, or

  • A semitrailer deployed by law enforcement, or

  • Cargo valued at $50,000 or more in commerce.
    Penalty: Up to 30 years in prison and a $10,000 fine.

§812.014(2)(b): Grand Theft in the Second Degree

  • Property valued at $20,000 or more but less than $100,000, or

  • Emergency medical equipment or law enforcement property valued at $300 or more.
    Penalty: Up to 15 years in prison and a $10,000 fine.

§812.014(2)(c): Grand Theft in the Third Degree

  • Property valued at $750 or more but less than $20,000, or

  • Motor vehicles, firearms, stop signs, or controlled substances regardless of value.
    Penalty: Up to 5 years in prison and a $5,000 fine.

Anything below $750 is generally considered petit theft, which carries misdemeanor penalties.

Why value matters in a grand theft case

The value of the alleged stolen property is critical. Prosecutors must prove the property’s fair market value at the time of the alleged theft. Inflated or estimated values can turn a misdemeanor into a felony, which is why I carefully examine every piece of valuation evidence in each case.

In many situations, the state relies on retail tags, replacement costs, or police estimates that do not reflect the actual value. A strong defense can challenge these figures and sometimes reduce the charge to a misdemeanor.

When you have an attorney involved early, it allows us to secure appraisals, receipts, or depreciation evidence to dispute the state’s numbers. Even a small adjustment in valuation can mean the difference between probation and prison.

Real case example from my experience

A client in Miami was charged with grand theft in the third degree after his former employer accused him of taking construction tools valued at approximately $2,800. The police arrested him based on the employer’s handwritten list of equipment prices.

When I reviewed the case, I discovered that several items were old and heavily used, with market values far lower than the employer claimed. I hired an independent appraiser who confirmed the total value was under $750. I presented this evidence to the prosecutor, along with proof that the client had permission to borrow some of the tools.

The charge was reduced to petit theft, and we negotiated a deferred prosecution agreement that resulted in a full dismissal. Because we intervened early, the client avoided a felony conviction and kept his contractor’s license.

That case illustrates how critical it is to have a private defense attorney who has time to gather the right evidence before the state finalizes its charges.

Common items that trigger grand theft charges

Some types of property automatically elevate a case to grand theft regardless of their actual value, including:

  • Firearms or weapons

  • Motor vehicles

  • Controlled substances

  • Commercial farm animals

  • Stop signs or traffic control devices

  • Property from emergency or law enforcement vehicles

Florida lawmakers have increased penalties for these items because of public safety concerns. Unfortunately, that also means people accused of minor or unintentional conduct can find themselves facing felony charges.

Other statutes that affect grand theft cases

Several related laws can influence how grand theft is charged or sentenced:

  • §812.015 – Covers retail theft, including organized shoplifting rings.

  • §812.0145 – Enhances penalties if the victim is an elderly or disabled person.

  • §775.084 – Permits harsher punishment for repeat offenders.

  • §812.019 – Addresses dealing in stolen property, which can carry even heavier penalties.

Each of these statutes adds complexity to your case. Having a private attorney means you get a personalized defense strategy that considers every potential enhancement and works to eliminate or reduce them.

Potential defenses a Florida Grand Theft Defense Attorney may raise

Every case is unique, but several common defense strategies can make the difference between conviction and dismissal:

  • Lack of intent: The state must prove you intended to deprive the owner of their property. Accidental possession, confusion, or misunderstanding are strong defenses.

  • Consent: If the property owner gave permission, even informally, it may defeat the charge.

  • Ownership dispute: A genuine belief that you had a right to the property can negate criminal intent.

  • Mistaken identity: Surveillance footage or witness error often leads to wrongful accusations.

  • Insufficient value: If the prosecution inflates the property’s worth, we can challenge the evidence and argue for a misdemeanor reclassification.

  • Unlawful search or seizure: If the police violated your Fourth Amendment rights, we can move to suppress evidence, which can lead to dismissal.

In my practice, I examine every document, witness statement, and piece of video evidence. A private defense attorney can devote the time needed to uncover details a public defender might not have the resources to pursue.

How intent affects the outcome

Grand theft requires intent to permanently or temporarily deprive another of their property. If intent cannot be proven beyond a reasonable doubt, the case should not stand. Many cases stem from miscommunication, mistaken ownership, or simple carelessness.

When I represent a client, I often demonstrate that the act was not intentional. For example, if someone borrows equipment, forgets to return it, or misunderstands permission, it is not theft under the law. Prosecutors may try to stretch the evidence to fit a felony narrative, but intent is always a key element the state must prove.

The consequences of a grand theft conviction

Grand theft is a felony offense in Florida, and a conviction can result in:

  • Prison time (up to 5, 15, or 30 years depending on the degree)

  • Heavy fines

  • Restitution to the alleged victim

  • Loss of civil rights (such as voting or firearm ownership)

  • Permanent criminal record

A felony conviction can follow you for the rest of your life. Employers, landlords, and professional licensing boards routinely run background checks. Even after completing probation or paying fines, a grand theft conviction can block future employment and housing.

Having a skilled Florida Grand Theft Defense Attorney on your side can mean the difference between years in prison and walking away with your record intact.

The importance of hiring a private defense attorney

Public defenders play an important role in the justice system, but their caseloads are often overwhelming. A private attorney has the time and resources to fully analyze your case, negotiate directly with prosecutors, and pursue dismissal, diversion, or alternative sentencing programs.

I regularly work with investigators, appraisers, and expert witnesses to build solid defenses that challenge the state’s claims. I also negotiate with prosecutors for pre-trial diversion programs that can keep your record clean if you comply with certain conditions like community service or restitution.

Private representation allows for strategic planning, consistent communication, and a personalized defense that focuses on your long-term goals.

Early intervention can prevent charges from being filed

One of the most important steps you can take is hiring a defense attorney before formal charges are filed. Many theft accusations begin as investigations. If I am involved early, I can often present evidence to law enforcement or the State Attorney showing that criminal intent is lacking or that the property value does not meet the felony threshold.

This proactive approach can result in the state declining to file charges altogether. Early action is often the difference between an arrest record that follows you forever and a quiet resolution that never becomes public.

Post-conviction relief and record sealing

Even if you have already been convicted or entered a plea, options may still exist. Under Florida Statute §943.0585, some theft cases can be sealed or expunged if the charges were dropped, dismissed, or you received a withhold of adjudication.

A sealed or expunged record can restore your privacy and help you move forward. It’s another reason to hire a private attorney who understands every stage of the criminal process, from defense to record restoration.

Florida Grand Theft Defense FAQs

What is the dollar threshold for grand theft in Florida?
Grand theft begins at $750 in value. If the property involved is worth $750 or more, or falls into certain categories like firearms or vehicles, the charge becomes a felony. Anything below $750 is usually petit theft, a misdemeanor.

Can intent make or break a grand theft case?
Yes. The prosecution must prove that you knowingly intended to deprive the owner of their property. Without intent, the case cannot stand. Many cases involve misunderstandings or accidental possession, which can serve as strong defenses.

What are the penalties for different levels of grand theft?
Third-degree grand theft carries up to 5 years in prison, second-degree up to 15 years, and first-degree up to 30 years. Each degree also carries fines and restitution requirements.

What happens if the property value is disputed?
If the value is inflated, your attorney can challenge it through expert appraisals and documentation. Reducing the value below $750 can reclassify the charge to a misdemeanor, significantly lowering penalties.

Can I go to jail for grand theft even if I return the property?
Yes, returning the property may not erase the charge, but it can help with negotiations and show good faith. It may lead to reduced charges or a diversion agreement.

Is grand theft a crime of moral turpitude?
Yes, theft offenses are considered crimes of dishonesty and can impact employment, immigration status, and professional licenses. Avoiding a conviction or sealing your record is crucial to protect your future.

Why should I hire a private Florida Grand Theft Defense Attorney?
A private attorney has time to review every piece of evidence, challenge unlawful police procedures, negotiate with prosecutors, and explore every opportunity for dismissal or reduction. A private defense offers individual attention and strategic planning that public defenders simply cannot provide due to caseloads.

Can I have my grand theft record expunged?
If the case was dismissed or you received a withhold of adjudication, you might qualify to seal or expunge your record. Your attorney can review eligibility and handle the process with the Florida Department of Law Enforcement.

Call Musca Law for your free consultation with our Florida Grand 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 grand theft and other serious offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation.

We proudly serve clients across Florida with over 35 office locations, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and throughout the Florida Panhandle.

If you or a loved one has been accused of grand theft, do not face the justice system alone. Let us protect your rights, challenge the evidence, and fight for your future.