Florida folds the old offenses of larceny, embezzlement, and obtaining property by false pretenses into a single theft statute, section 812.014. What matters is not how the taking happened but the value of what was taken, whether the item is on a special list, and the defendant’s record. Because almost every question turns on the value tier, the table comes first.
Theft has its own section. Petit theft and grand theft are each covered in full, with the current dollar thresholds and the defenses, on their own pages. See Petit Theft and Grand Theft, part of the Theft Defense guide.
Value Sets the Charge
| Charge | Value of property | Degree |
|---|---|---|
| Petit theft, second degree | Less than $100 | Second-degree misdemeanor |
| Petit theft, first degree | $100 to under $750 | First-degree misdemeanor |
| Grand theft, third degree | $750 to under $20,000 | Third-degree felony |
| Grand theft, second degree | $20,000 to under $100,000 | Second-degree felony |
| Grand theft, first degree | $100,000 or more | First-degree felony |
Certain items are grand theft regardless of value, including a firearm, a motor vehicle, and any amount of a controlled substance. The $750 line has been in place since 2019. Statutes and holdings last verified June 2026.
I began as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, where property cases move in volume and the State counts on no one pushing back. Almost every one of these charges turns on two things the prosecutor has to prove, intent and value, and both are softer than they look. I know how the State builds a property case and where the proof tends to fall apart, on the value of what was taken or damaged, on whether the intent was ever really there, and on the search that produced the evidence. Learn more about my background.
The Items That Are Grand Theft No Matter the Value
Some takings are grand theft regardless of worth. Section 812.014 lists, among others, a firearm, a motor vehicle, a will or other testamentary instrument, a commercially farmed animal, an installed fire extinguisher, 2,000 or more pieces of citrus fruit, property taken from a posted construction site, a stop sign, anhydrous ammonia, and any amount of a controlled substance. These are the traps that turn a seemingly minor taking into a felony, and they are charged often.
Challenging Value Is the Defense
The grand-theft thresholds are jurisdictional, so the State must prove value beyond a reasonable doubt, measured as fair market value at the time and place of the theft. It is not the original price and it is not the cost to replace the item. In R.C.R. v. State, 916 So. 2d 49 (Fla. 4th DCA 2005), a felony criminal-mischief conviction built on inflated repair costs was reversed because the measure is the value of what was lost, not what it takes to make the owner whole, and the same valuation logic applies to theft. Showing that a used item had depreciated below the next threshold can drop a felony to a misdemeanor.
How I Defend a Theft Charge
Theft is a specific-intent crime, so a good-faith claim of right, consent, or an honest mistake goes to the heart of the case. Where the charge is a felony, I press the State on the value and on whether the item really falls on the regardless-of-value list, and where the property was found through an unlawful stop or search, suppression can take the case apart. When force was used, the charge is instead robbery, a different and far more serious offense.
Common Questions
What is the difference between petit theft and grand theft?
Value. Petit theft covers property worth less than $750 and is a misdemeanor: a second-degree misdemeanor under $100 and a first-degree misdemeanor from $100 to under $750. Grand theft starts at $750 and is a felony, rising through three degrees as the value climbs to $20,000 and then $100,000.
Is stealing $800 worth of property a felony?
By value, yes. Property worth $750 or more is grand theft in the third degree, a felony. But value is measured as fair market value at the time and place of the theft, not the sticker price or the replacement cost. If the actual market value of an item was below $750, what looks like a felony can be a misdemeanor, which is why the valuation is worth fighting.
Are some thefts a felony no matter the value?
Yes. Certain items are grand theft regardless of how little they are worth, including a firearm, a motor vehicle, a will or similar document, a commercially farmed animal, a fire extinguisher, a stop sign, anhydrous ammonia, and any amount of a controlled substance. Taking one of these turns even a low-value theft into a felony.
Can a prior theft make a small theft a felony?
It can. A petit theft with one prior theft conviction becomes a first-degree misdemeanor, and a petit theft with two or more prior theft convictions becomes a third-degree felony, no matter how small the value. A record of past theft is one of the most common ways a minor accusation turns serious.
What are the defenses to a theft charge?
The strongest defenses attack intent or value. Theft requires a specific intent to deprive the owner, so a good-faith belief that the property was yours, that you had permission, or an honest mistake can defeat the charge. Where the charge is a felony, challenging the value can drop it to a misdemeanor, and an unlawful search can keep the evidence out altogether.
Related: Property crimes overview, Criminal mischief, Robbery and carjacking, and Search and seizure.
In the News
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Property offenses are governed mainly by chapters 810, 812, and 806, Florida Statutes, and the degrees and value thresholds change, so they should be confirmed against current law. Every case turns on its own facts, and past results do not guarantee a similar outcome.
