Last updated November 2025
If you’ve been charged with theft in Florida, one of the first things you’ll want to know is whether it qualifies as petit theft or grand theft. The distinction matters — because it could mean the difference between a misdemeanor and a felony.
Let’s break down how Florida law defines each type and what the legal consequences may be.
💼 Theft vs. Grand Theft: What’s the Legal Difference?
Under Florida Statutes § 812.014, “theft” refers generally to the unlawful taking of property with the intent to deprive the rightful owner of it. But the state breaks it down further:
| Type | Property Value | Classification | Penalty |
|---|---|---|---|
| Petit Theft | Under $750 | Misdemeanor | Up to 1 year in jail |
| Grand Theft (3rd Degree) | $750–$19,999 | Felony | Up to 5 years in prison |
| Grand Theft (2nd Degree) | $20,000–$99,999 | Felony | Up to 15 years in prison |
| Grand Theft (1st Degree) | $100,000+ or special conditions | Felony | Up to 30 years in prison |
In short: the value of the property stolen is what primarily determines the severity of the charge.
🔍 Other Factors That Can Elevate a Theft Charge
Even if the value is relatively low, the charge can be elevated to grand theft if certain types of property are involved, including:
Firearms
Motor vehicles
Controlled substances
Law enforcement equipment
Property stolen during a declared emergency
So it’s not just about money — it’s about context and type of property as well.
🧾 Why the Difference Matters
A misdemeanor theft charge is serious. But a felony grand theft charge can lead to:
Prison time
Thousands in fines
A permanent criminal record
Loss of civil rights (like voting and firearm ownership)
Issues with immigration status or background checks
Understanding how your charge is classified is key to building a smart defense.
🛡️ How a Criminal Defense Attorney Can Help
A good defense lawyer may be able to:
Dispute the value of the property to reduce the charge
Argue lack of criminal intent
Prove you had consent or rightful ownership
Push for diversion programs, reduced sentencing, or case dismissal
Charged with theft in Florida?
The difference between theft and grand theft could shape the rest of your life. Let a skilled criminal defense lawyer fight for the best possible outcome.
👉 Learn more about Theft Crime Defense
❓ FAQs: Difference Between Theft and Grand Theft in Florida
What’s the threshold for grand theft in Florida?
$750. Anything below that is usually considered petit theft.
Is grand theft always a felony in Florida?
Can petit theft become a felony?
Yes — especially if you have multiple prior theft convictions or the item stolen qualifies for felony classification.
What happens if I’m charged with grand theft in Florida?
You could face 5 to 30 years in prison depending on the degree of the charge.
How do I fight a grand theft charge?
Your attorney may argue that the property value is lower, or challenge evidence to seek a reduction or dismissal.