How Much Theft Is a Felony in Florida?
Depending on the circumstances, theft can range from a misdemeanor to a felony. In Florida, theft is classified based on the value of the stolen property and the type of property taken. The legal consequences of theft are severe and can vary widely.
At Orlando Defense, we strive to protect your rights regardless of the charges you face. Our record of successfully handling thousands of cases shows our commitment to protecting our Orlando clients' rights. Whether you're facing a misdemeanor or a felony, we’re there for you.
Learn about theft and the different categories of theft crimes in Florida.
Categories of Theft in Florida
Under Florida law, theft is governed by Chapter 812 of the Florida Statutes. The statute defines theft as unlawfully taking another person’s property with the intent to permanently or temporarily deprive the owner of its possession or use.
Florida law breaks theft down into several categories based on the value of the stolen property and other factors. These categories include:
Petty theft (misdemeanor theft)
Grand theft (felony theft)
Theft of certain types of property (felony theft)
Retail theft (Shoplifting)
The distinction between misdemeanor and felony theft depends on various factors, including the value of the stolen goods, the method used to commit the theft, and the defendant's criminal history.
Petty Theft (Misdemeanor Theft)
Petty theft, also known as simple theft or larceny, is a theft involving property valued at $750 or less. It is classified as a second-degree misdemeanor in Florida. The penalties for petty theft can include:
Up to 60 days in jail
Up to six months of probation
Fines up to $500
However, there are important exceptions to this rule. If the defendant has previously been convicted of theft or a similar crime, or if they have multiple convictions for petty theft, they may face enhanced penalties. If the property was worth more, the charge may increase to grand theft.
Grand Theft (Felony Theft)
Grand theft in Florida is defined as theft involving property valued at $750 or more. However, the classification of grand theft as a third-degree felony, second-degree felony, or first-degree felony depends on the value of the stolen property, among other things.
The penalties for grand theft increase with the value of the stolen property and the defendant may be charged with third-degree felony grand theft.
Third-Degree Felony Grand Theft
Grand theft is classified as a third-degree felony if the stolen property is valued between $750 and $20,000. A third-degree felony can attract penalties like:
Up to five years in prison
Up to five years of probation
Fines up to $5,000
In Florida, if the theft involves property valued at more than $750 but less than $20,000, it will be charged as a third-degree felony, and the defendant will face a range of penalties depending on prior criminal history, aggravating circumstances, and other factors.
Second-Degree Felony Grand Theft
Grand theft can be classified as a second-degree felony if the stolen property is valued between $20,000 and $100,000. The penalties for second-degree felony grand theft are more severe and include:
Up to 15 years in prison
Up to 15 years of probation
Fines up to $10,000
This level of theft typically involves more significant crimes, such as stealing large amounts of money, high-end vehicles, or valuable collectibles. Second-degree felony theft is typically seen as a serious offense that warrants more substantial penalties.
First-Degree Felony Grand Theft
If the stolen property is valued at $100,000 or more, the theft is classified as a first-degree felony. First-degree felony grand theft carries severe penalties, including:
Up to 30 years in prison
Up to 30 years of probation
Fines up to $10,000
In Florida, theft of items like art, rare collectibles, expensive jewelry, or large sums of money are usually prosecuted as first-degree felony thefts.
While the criminal charges for theft may increase based on the value of the property stolen, certain types of property, regardless of their value, can trigger felony theft charges in Florida due to the nature of the items involved.
Felony Charges for Theft of Certain Types of Property
Due to the seriousness of the crime, certain types of theft are considered felonies even if the property doesn't have a high value. Some examples of these types of theft include:
Motor vehicles: Stealing a motor vehicle is automatically a felony offense in Florida, classified as a third-degree felony, even if the vehicle’s value is less than $750. This is because car theft is considered a more serious crime due to potential harm to public safety.
Firearms: Theft of a firearm is also considered a felony and classified as a third-degree felony, regardless of the weapon's value. Firearm theft is a very serious offense in Florida due to concerns over gun violence and public safety.
Agricultural theft: Theft of farm products, such as livestock or crops, may also attract felony charges under Florida law. If the stolen agricultural products are valued at $750 or more, the theft will be charged as a felony.
Destruction of property: Theft or destruction of property, such as utility services, fire alarms, or other vital equipment, can result in felony charges.
Depending on the value of the property, these special categories of theft are subject to the same criminal classifications as grand theft. However, the legal system views them with greater seriousness due to the potential for greater harm to the community.
Retail Theft (Shoplifting)
Often called shoplifting, retail theft involves the unlawful taking of merchandise from a retail store. Retail theft is charged based on the value of the stolen property and whether the defendant has a history of shoplifting offenses.
Petit theft: If the value of the merchandise is less than $750, the theft is typically charged as petit theft, which is a misdemeanor.
Grand theft: If the value of the stolen merchandise exceeds $750, the offense is classified as grand theft.
Florida law also has more significant penalties for habitual or repeat offenders. For example, a defendant convicted of shoplifting multiple times can face harsher penalties, even if the current offense would normally be considered a misdemeanor.
Defending Theft Charges in Florida
The penalties for felony theft in Florida can be severe, but there are several potential defense strategies that a criminal defense attorney may use to defend a client accused of theft. Common defenses include:
Lack of intent: To be convicted of theft in Florida, the prosecution must prove beyond a reasonable doubt that the defendant intended to permanently or temporarily deprive the rightful owner of their property. If the defendant had no such intent (for example, if they mistakenly took someone else's property), this could serve as a defense.
Mistaken identity: Mistaken identity is a defense that could be used in theft cases, especially if the defendant wasn't the person who committed the theft or if the stolen property was misidentified. Eyewitness testimony, video footage, or other forms of evidence may demonstrate that the defendant wasn't involved in the theft.
Insufficient evidence: A common defense to theft charges is that the prosecution lacks sufficient evidence to prove that the defendant committed the crime. Without solid evidence such as fingerprints, video surveillance, or eyewitness testimony, the defense may argue that the case is based on mere speculation.
Consent: If the defendant can show that the property was taken with the owner's consent, they may avoid a conviction for theft. For instance, if the defendant was permitted to use or take the property, it wouldn't constitute theft.
Lack of knowledge: In some cases, defendants may argue that they didn't know the property was stolen when they took it. If the defendant genuinely believed they had a right to the property or were unaware it was stolen, this could be a defense.
Entrapment: Entrapment occurs when law enforcement officers or agents induce a person to commit a crime that they otherwise wouldn't have committed. If a defendant can prove they were coerced or manipulated by law enforcement to commit the theft, they may have a valid defense.
Whether through demonstrating a lack of intent, mistaken identity, insufficient evidence, or other legal arguments, a skilled criminal defense attorney like Attorney Michael Reese can challenge the prosecution’s case and protect your rights.
Orlando Defense serves Florida clients throughout Orange and Osceola County, including includes Apopka, Bay Lake, Belle Isle, Bithlo, Christmas, Eatonville, Edgewood, Lake Buena Vista, Maitland, Oakland, Ocoee, Orlando, Plymouth, and Tangerine.
Contact an Orlando Criminal Defense Attorney Today
At Orlando Defense, we firmly believe you deserve the chance to share your truth and fight for justice. We are passionate about ensuring that every client is treated fairly under the law, regardless of the severity of their charges. If you've been charged with theft and are concerned your charges may turn into a felony, contact criminal defense attorney Michael Reese at Orlando Defense to schedule a consultation. We’re dedicated to protecting your rights.