The word “theft” covers a lot of ground in Florida. Pocketing a pack of gum and embezzling half a million dollars are both theft offenses under Florida law, but they exist at completely different levels of the criminal system with completely different consequences. Understanding how Florida classifies theft charges, and what each level means for someone’s record and future, is foundational to making informed decisions after an arrest.
How Florida Statute § 812.014 Defines Theft
Florida Statute § 812.014 defines theft as knowingly obtaining or using, or endeavoring to obtain or use, another person’s property with intent to deprive them of it either temporarily or permanently. That definition is broad. It covers shoplifting, embezzlement, fraud, and taking property in almost any form.
What determines the severity of the charge is primarily the value of the property involved.
Petit Theft: Misdemeanor Level Charges
Petit theft applies when the value of the allegedly stolen property is less than $750.
Petit theft in the second degree covers property valued at less than $100. It’s a second-degree misdemeanor, carrying a maximum of 60 days in jail and a $500 fine. For most first-time offenders, jail time isn’t the realistic outcome, but even a misdemeanor conviction carries lasting consequences.
Petit theft in the first degree covers property valued between $100 and $750. It’s a first-degree misdemeanor, carrying up to one year in jail and a $1,000 fine.
Prior convictions elevate the charge level. A second petit theft conviction, regardless of the property value, becomes a first-degree misdemeanor. A third or subsequent petit theft conviction becomes a third-degree felony, even if the amount involved would otherwise be a minor misdemeanor. This escalation makes prior record an important factor in how any theft charge is handled.
Grand Theft: Felony Level Charges
Grand theft applies when the value of the allegedly stolen property is $750 or more.
Third-degree felony grand theft covers property valued between $750 and $20,000. It carries up to five years in prison and a $5,000 fine.
Second-degree felony grand theft applies when the property value is between $20,000 and $100,000. It carries up to 15 years.
First-degree felony grand theft applies to theft of $100,000 or more, or to theft of specific categories of property regardless of value, including cargo, law enforcement equipment, and property stolen from a person 65 or older. It carries up to 30 years.
What the Charge Level Means Beyond the Courtroom
The distinction between misdemeanor and felony theft has consequences that outlast any sentence. A felony theft conviction affects:
- Employment background checks, particularly for positions requiring trust or financial responsibility
- Professional licensing for nurses, teachers, contractors, and other regulated fields
- Housing applications and rental approvals
- Immigration status for non-citizens
- The right to possess firearms under federal law
Even a misdemeanor theft conviction shows up on background checks and creates the kind of record that follows someone into job interviews and housing applications for years.
What a Tampa Theft Defense Looks Like
Attorney Ben Stechschulte is a Board-Certified criminal defense attorney and former Hillsborough County prosecutor who attended Stetson University College of Law. With over 100 jury trials and decades of courtroom experience in Tampa, he approaches theft cases by examining every element of the prosecution’s theory, from how the property value was established to whether the intent element can actually be proven.
Defense strategies in theft cases depend on the specific facts: lack of intent, mistaken identity, ownership disputes, procedural violations in how evidence was gathered, and diversion or restitution agreements that avoid conviction entirely are all paths that may apply depending on the circumstances.
StechLaw Criminal Defense represents Tampa and Hillsborough County clients facing theft charges at every level. If you’ve been charged with a theft offense in the Tampa area, contact a Tampa theft lawyer to discuss the specifics of your case and what your realistic options are.
