Grand theft is where a theft case becomes a felony, and where the dollar figure the State puts on the property decides almost everything. Because value is what makes the felony, proving or disproving that number is usually the whole case.
The Felony Tiers
| 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 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 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. A low-value item from that list is still a felony, so the charge has to be measured against the list and not just the price tag.
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. In R.C.R. v. State, 916 So. 2d 49 (Fla. 4th DCA 2005), a felony conviction built on inflated repair and replacement figures was reversed because the measure is the value of what was lost, not the cost to make the owner whole. Showing that a used item had depreciated below the next threshold can move a case down a full level.
How I Defend a Grand Theft Charge
I press the State on value first, then on intent. If the property was worth less than the threshold the State claims, the felony should fall, and if the regardless-of-value list does not apply, the charge depends on the dollar amount alone. Theft is a specific-intent crime, so a good-faith claim of right or consent is a full defense, and where the property was found through an unlawful search, suppression can take the case apart. When force was used, the charge is instead robbery.
Common Questions
When does theft become grand theft?
At $750. Property worth $750 or more is grand theft, a felony, and it rises through three degrees: third-degree from $750 to under $20,000, second-degree to under $100,000, and first-degree at $100,000 or more. Certain items are grand theft no matter the value, including a firearm, a motor vehicle, and a controlled substance.
Is stealing a car or a gun automatically a felony?
Yes. Section 812.014 makes the theft of certain items grand theft regardless of their worth, including a motor vehicle, a firearm, a will, a fire extinguisher, a stop sign, and any amount of a controlled substance. So a low-value item from that list is still a felony, which is why the charge has to be checked against the list, not just the dollar amount.
How is the value of the property proven?
By fair market value at the time and place of the theft, proven beyond a reasonable doubt. It is not the original price and not the replacement cost. In R.C.R. v. State, a felony built on inflated repair and replacement figures was reversed because the measure is the value of what was lost. Showing that a used item had depreciated below the next threshold can drop a felony to a misdemeanor.
How long can the State wait to charge grand theft?
Generally five years. The statute of limitations for grand theft is five years under section 812.035, and it can extend to six if the defendant was out of state. When a limitations defense is raised, the State has the burden to show the case was filed in time, and the limitations period is read in the defendant's favor.
What are the defenses to grand theft?
The strongest defenses attack value and intent. Because the felony degree depends on a dollar figure, challenging the value can drop the charge a full level or to a misdemeanor. Theft also requires a specific intent to deprive, so a good-faith claim of right, consent, or an honest mistake is a defense, and an unlawful search can keep the evidence out.
Related: Theft overview, Petit theft, Dealing in stolen property, and Search and seizure.
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.
