Under Florida law, theft occurs when someone knowingly obtains or uses another person’s property with the intent to deprive them of it, either temporarily or permanently. That definition covers a wide range of conduct, from pocketing an item at a retail store to stealing tens of thousands of dollars from an employer. What determines the severity of the charge is primarily the value of the property involved. Florida statute draws clear lines between misdemeanor and felony theft, and those distinctions carry very different consequences. You can review the full statutory framework under Florida Statute 812.014, which governs theft offenses throughout the state.
The Two Tiers of Misdemeanor Theft
Second Degree Misdemeanor Theft
This is the lowest level of theft charge in Florida. It applies when the value of the stolen property is less than $100. A conviction carries:
- Up to 60 days in jail
- Up to 6 months of probation
- A fine of up to $500
Even at this level, a conviction goes on your record. That matters for background checks, job applications, and housing.
First Degree Misdemeanor Theft
When stolen property is valued between $100 and $749, the charge becomes a first-degree misdemeanor. Penalties increase to:
- Up to 1 year in jail
- Up to 1 year of probation
- A fine of up to $1,000
This is often referred to as petit theft, and while it doesn’t carry felony status, repeat convictions can be charged at a higher level.
Felony Theft in Florida
Once the value of stolen property crosses $750, Florida law treats the offense as grand theft, which is a felony. There are three degrees of felony theft, each tied to the dollar amount involved.
Third Degree Felony
Grand theft in the third degree applies to property valued between $750 and $19,999. This is the most commonly charged felony theft offense and carries:
- Up to 5 years in prison
- Up to 5 years of probation
- A fine of up to $5,000
Certain types of property, such as firearms, motor vehicles, and stop signs, can be charged as third-degree felony theft regardless of their monetary value.
Second Degree Felony
When stolen property is valued between $20,000 and $99,999, the charge escalates to a second-degree felony. Penalties include up to 15 years in prison and fines reaching $10,000. The stakes are significantly higher at this level, and prosecutors tend to pursue these cases aggressively.
First Degree Felony
The most serious theft charge applies when the property value exceeds $100,000, or when the theft involves property taken during a declared state of emergency. A first-degree felony carries up to 30 years in prison and fines up to $10,000. Charges at this level are treated with the same seriousness as violent felonies in terms of sentencing exposure.
Prior Convictions Change the Picture
Florida law enhances theft charges for repeat offenders. A second petit theft conviction can be bumped up to a first-degree misdemeanor. A third conviction, even if the property value is below the grand theft threshold, can be charged as a third-degree felony. Prior record matters in ways that aren’t always obvious at first glance. A Hillsborough County criminal defense lawyer can assess how prior history affects your current exposure and identify whether enhancement applies in your case.
What a Defense Can Actually Do
Being charged with theft does not mean the outcome is predetermined. Defenses based on lack of intent, ownership disputes, mistaken identity, or improper evidence collection can all change how a case resolves. In some situations, diversion programs or withhold of adjudication may be available, which can keep a conviction off your record entirely. At StechLaw Criminal Defense, theft cases are handled with close attention to the evidence and the facts that actually drive outcomes. If you or someone you know is facing a theft charge in Florida, reaching out to our team as soon as possible puts you in the best position to respond effectively.
