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Theft
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A theft charge in Florida can carry consequences far beyond what most people expect. Depending on the value of the property involved, what started as a misdemeanor can quickly become a felony, with prison time, heavy fines, and a permanent record that affects your employment, housing, and reputation for years to come.
If you have been charged with theft in South Florida, do not wait. Call Jeacoma Law today for a confidential consultation.
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Theft in Florida
How Theft Is Classified in Florida
Florida divides theft offenses by the value of the property involved, and the classification determines the severity of the charge.
Petit Theft, Second Degree is a second-degree misdemeanor for property valued under $100. It carries up to 60 days in jail and a $500 fine.
Petit Theft, First Degree is a first-degree misdemeanor for property valued at $100 to $750. It carries up to one year in jail and a $1,000 fine.
Grand Theft, Third Degree is a third-degree felony for property valued at $750 to $20,000, and also covers specific categories of property regardless of value, including firearms, motor vehicles, and certain farm animals. It carries up to five years in prison and a $5,000 fine.
Grand Theft, Second Degree is a second-degree felony for property valued at $20,000 to $100,000. It carries up to fifteen years in prison and a $10,000 fine.
Grand Theft, First Degree is a first-degree felony for property valued at $100,000 or more, or where a motor vehicle was used as an instrument to commit the theft, or where the offense caused more than $1,000 in damage to someone else’s property. It carries up to thirty years in prison and a $10,000 fine.
How Florida Defines Theft
Under § 812.014, Fla. Stat., a person commits theft when they knowingly obtain or use, or endeavor to obtain or use, the property of another with the intent to temporarily or permanently deprive that person of their property or appropriate it for their own use.
That definition is broader than most people realize. You do not have to walk out of a store with merchandise in your pocket. An attempt is enough. And the charge does not require that the property actually change hands.
Beyond the Dollar Amount
The value of the property is not the only factor that drives the charge. Florida law treats certain categories of property more seriously regardless of value. Theft of a firearm, a motor vehicle, a will or testamentary instrument, emergency medical equipment, or law enforcement equipment can all elevate the charge to grand theft. Theft committed during a riot or a declared state of emergency is also subject to enhanced penalties under the statute.
Prior theft convictions also matter. A second conviction for petit theft, even involving property worth less than $100, can be charged as a first-degree misdemeanor. A third conviction can be charged as a third-degree felony.
What a Conviction Can Cost You
Beyond fines and jail time, a theft conviction carries collateral consequences that can outlast the sentence. Florida requires a mandatory driver’s license suspension upon conviction for theft. Employers, landlords, and licensing boards treat theft convictions seriously. Certain professions become inaccessible entirely. And because theft convictions go directly to credibility, they can surface and cause problems in ways that are hard to anticipate.
Common Defenses
Theft cases turn on the facts, and there are several defenses that arise regularly.
Intent is the most important element the State must prove. If you did not intend to permanently or temporarily deprive someone of their property, there is no theft. Mistakes, misunderstandings, and good-faith beliefs about ownership can all negate the intent element.
Lack of knowledge is related. If you were unaware that the property belonged to someone else, or believed you had a right to it, that goes directly to whether the State can prove its case.
Misidentification is common in retail theft cases, where store employees or surveillance footage may not clearly establish who took what.
Unlawful search and seizure applies where law enforcement obtained evidence through a stop, search, or arrest that violated your constitutional rights. If the evidence was obtained unlawfully, it may be suppressible.
Valuation disputes also arise in grand theft cases. If the State cannot establish that the property was worth what they claim, a felony charge may be reduced to a misdemeanor.
Talk to a Theft Defense Attorney
The value of what was taken does not determine how seriously you should take the charge. A misdemeanor theft conviction is still a theft conviction, and it stays on your record. An attorney who gets involved early can make a real difference in how the case resolves, whether that means a reduction, a diversion, or a dismissal.
Call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, St. Lucie, Broward, and Miami-Dade counties.
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