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 your record. Because almost every question turns on the value tier, the table comes first.
I defend the full range of theft charges across the Tampa Bay area and Florida’s Gulf Coast, in Pinellas, Hillsborough, Pasco, Manatee, Sarasota, and DeSoto counties, from a first shoplifting accusation to a first-degree grand theft or a dealing-in-stolen-property case. Here is how the charges are graded and where the defense lives.
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 |
Florida grades theft by the value of what was taken, so the line between a misdemeanor and a felony is $750, and the felony degrees climb from there. Section 812.014.
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 theft cases move in volume and the State counts on no one testing the proof. Almost every theft charge turns on three things the prosecutor has to prove, the value of what was taken, the intent to deprive, and, in a stolen-property case, knowledge that the goods were stolen, and all three are softer than they look. I know how the State builds a theft case and where it tends to fall apart, on a value that cannot be proven, on an intent that was never there, and on the search that produced the evidence. Learn more about my background.
The Theft Charges
Theft runs from a misdemeanor shoplift to a major felony. Each charge is broken down on its own page.
What the State Must Prove
Theft is a specific-intent crime. The State must prove that you knowingly took or used the property of another with intent to deprive the owner of it, and it must prove the value beyond a reasonable doubt, measured as fair market value at the time and place of the theft rather than the original price or the replacement cost. A good-faith claim of right, consent, or an honest mistake goes to the heart of the intent element, and an accurate value can drop a felony to a misdemeanor.
Theft Is Also a Civil Claim
Beyond the criminal case, Florida law lets the owner pursue civil theft under section 772.11, which can mean treble damages, and a store often sends a civil demand letter after a shoplifting. That civil track is separate from the prosecution. Paying a civil demand does not end the criminal case, and ignoring it does not worsen it, so it is worth getting advice before responding to either one.
Related Charges
When a taking involves force or the threat of force, the charge is robbery or carjacking rather than theft. Selling or trafficking property that was stolen is dealing in stolen property, which often carries more than the underlying theft. Taking property by a scheme of false representations crosses into fraud, handled in the white collar and fraud section, and entering a place to steal is a burglary.
How I Defend a Theft Case
The work is consistent across these charges: test whether the intent the State needs was ever there, hold the prosecution to a real and provable value, raise consent or a good-faith claim of right where the facts support it, and challenge the stop or search that produced the evidence. Where a felony rests on an inflated value, it can fall to a misdemeanor, and the sentencing and record consequences can often be cut down or avoided through diversion.
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. Certain items, like a firearm or a motor vehicle, are grand theft no matter the value.
What does the State have to prove in a theft case?
That you knowingly took or used the property of another with the intent to deprive the owner of it, permanently or temporarily. Theft is a specific-intent crime, so a good-faith belief that the property was yours or that you had permission is a defense. The value sets the degree, and the State must prove that value beyond a reasonable doubt, measured as fair market value at the time of the theft.
Can a theft be a felony even for a small amount?
Yes. Some items are grand theft regardless of how little they are worth, including a firearm, a motor vehicle, and a controlled substance. And a person with two or more prior theft convictions commits a third-degree felony on any new petit theft, no matter the value. A record of past theft is a common way a minor accusation turns into a felony.
What is a civil demand letter?
After a theft, especially a retail theft, the owner or store often sends a letter demanding payment of a few hundred dollars under Florida's civil theft law. That civil demand is separate from the criminal case. Paying it does not make the criminal charge go away, and not paying it does not make the criminal case worse, so it is worth getting advice before you respond.
Can a first theft be kept off my record?
Often there are options. Many first-time theft cases are eligible for a diversion or pretrial intervention program that ends in dismissal, or for a withholding of adjudication that can later allow the record to be sealed. What is available depends on the charge, the value, and your history, but the door is usually open, and the earlier it is raised the better.
Related: Petit theft, Grand theft, Retail theft and shoplifting, Dealing in stolen property, Employee theft and embezzlement, Worthless checks, Failure to return leased property, Theft from a person 65 or older, and Robbery and carjacking.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Theft offenses are governed mainly by chapter 812, 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.
