Value defines the charge
Theft in Florida is a specific-intent crime: the State has to prove you took something with the intent to deprive its owner. And the seriousness of the charge depends almost entirely on the value of what was allegedly taken.
| Value | Charge | Maximum penalty |
|---|---|---|
| Under $100 | Petit theft (2nd degree) | Up to 60 days |
| $100 – $750 | Petit theft (1st degree) | Up to 1 year |
| $750 – $20,000 | Grand theft (3rd degree felony) | Up to 5 years |
| $20,000 – $100,000 | Grand theft (2nd degree) | Up to 15 years |
| $100,000 or more | Grand theft (1st degree) | Up to 30 years |
General summary. Certain items (such as a firearm) are grand theft regardless of value, and a prior record can raise the charge. The $750 threshold has been in effect since 2019.
How I defend these cases
- Intent. Forgetting to pay, or a good-faith belief that something was yours or that you had permission, are real defenses: without intent to steal, there's no theft.
- Value. The State has to prove the value. If it can't, a grand theft can be reduced to a misdemeanor.
- Identification. In shoplifting and surveillance video, the identification is often weak or mistaken.
- Diversion. For people with no record, I pursue programs that can end in dismissal of the case.
Cases I handle in this area
- Petit theft and grand theft
- Shoplifting / retail theft
- Burglary
- Robbery
- Criminal mischief (property damage)
- Possession of stolen property
- Trespass
Frequently asked questions
Is $750 really the line between a misdemeanor and a felony?
Yes. Since 2019, taking property worth $750 or more is grand theft — a felony. Below that figure it’s petit theft. That’s why disputing the value can completely change the seriousness of the case.
I forgot to pay, or I thought it was mine. Is that a defense?
Yes. Theft requires intent to deprive the owner of their property. A genuine oversight, or an honest belief that the item was yours or that you had permission, can defeat the charge.
It’s my first charge. Can I avoid a record?
Often, yes. For people with no record, diversion and first-offender programs can end in dismissal of the case. It’s best to pursue them as early as possible.
I was caught on camera. Can it still be defended?
Yes. Video doesn’t always prove intent, identity, or the exact value. I’ve seen many cases with video that weaken on close examination.