Last updated January 2026
If you’re accused of theft in Florida, the charge you face depends on the value of the property. Theft under a certain amount is treated as petit theft (a misdemeanor), while higher-value theft is considered grand theft (a felony). The difference between the two can mean the difference between a short jail sentence and decades in prison. Let’s break down the key differences between petit theft vs. grand theft in Florida.
⚖️ Florida Theft Law
Under Florida Statute §812.014, theft is defined as knowingly obtaining or using someone else’s property with intent to deprive them of it. The law sets value thresholds that determine whether the crime is charged as petit theft or grand theft.
💵 Petit Theft in Florida
Second-Degree Misdemeanor: Property valued under $100. Punishable by up to 60 days in jail and a $500 fine.
First-Degree Misdemeanor: Property valued between \$100 and \$749. Punishable by up to 1 year in jail and a $1,000 fine.
⚠️ Even a petit theft conviction can leave you with a permanent criminal record that may not be eligible for sealing or expungement.
💰 Grand Theft in Florida
Grand theft is a felony charge, broken into degrees:
Third-Degree Felony: $750–$20,000 (up to 5 years in prison and $5,000 fine).
Second-Degree Felony: $20,000–$100,000 (up to 15 years in prison and $10,000 fine).
First-Degree Felony: $100,000+ (up to 30 years in prison and $10,000 fine).
🔍 Key Differences Between Petit Theft and Grand Theft
| Factor | Petit Theft | Grand Theft |
|---|---|---|
| Value | Under $750 | $750+ |
| Charge | Misdemeanor | Felony |
| Penalties | Up to 1 year jail | 5–30 years prison |
| Impact | Less severe but still permanent record | Severe penalties and felony record |
🛑 Other Factors That Can Elevate a Theft Charge
Other factors can elevate a theft charge, even when value is disputed.
Prior theft convictions, the type of victim (such as elderly or disabled persons), theft during a state of emergency, or theft of law-enforcement or emergency equipment can all increase exposure.
📱 How Value Is Treated in Non-Retail Theft Cases
Not all theft cases involve retail merchandise with a clear price tag. In non-retail theft cases — such as disputes between individuals — determining value is often far more complicated.
For example, when someone is accused of stealing a used item like a cellphone, laptop, or other personal property, prosecutors must prove the item’s fair market value at the time of the alleged theft, not what it originally cost when new.
In practice, many Florida prosecutors are reluctant to expend resources on expert testimony to establish depreciation for used property. As a result, cases involving personal items like used smartphones often resolve as second-degree petit theft, even when the item was originally expensive.
This distinction is critical. Challenging how value is calculated — or whether the State can realistically prove felony-level value — is often one of the most effective ways to reduce or dismiss theft charges in non-retail cases.
🛡️ Defenses to Theft Charges
A criminal defense attorney can fight theft charges by:
Disputing the value of the property.
Arguing lack of intent (mistake or accident).
Raising ownership or consent issues.
Challenging illegal searches or arrests.
Negotiating to reduce grand theft to petit theft or seek diversion.
Prosecutors sometimes attempt to aggregate multiple items to inflate value above the felony threshold — a tactic that can often be challenged.
Similarly, retail pricing, sale tags, and inventory estimates are frequently inflated or inaccurate, making value disputes a key defense in theft cases.
📍 Broward County Theft Defense
In Broward County, prosecutors aggressively pursue theft cases, whether misdemeanor or felony. The sooner you have a lawyer, the stronger your chances of reducing or dismissing charges.
👉 Learn more about our Theft & Fraud Defense services.
❓ FAQs
Q1: What is the threshold between petit theft and grand theft in Florida?
$750. Anything above is grand theft (felony).
Q2: Can petit theft charges be upgraded to grand theft?
Yes. If prosecutors prove the value was $750 or more.
Q3: Can grand theft be reduced to petit theft?
Yes. Defense attorneys often negotiate reductions, especially when value is close to the threshold.
Q4: Can shoplifting count as grand theft?
Yes. If the property value is $750 or higher.
Q5: Can theft charges be sealed or expunged in Florida?
Not if convicted. Dismissals, acquittals, or certain diversions may still qualify.