Last updated February 2026
🚨 Arrested for Theft in Florida? Classification Comes First.
In Florida, theft charges are classified primarily by the value of the property involved. That single number often determines whether a case is charged as a misdemeanor or a felony — and the difference can mean anything from probation to decades in prison.
Before penalties or defenses even come into play, the first question in any theft case is:
Is this charged as petit theft or grand theft?
This page explains how Florida law makes that determination.
⚖️ Theft Charges in Florida (Fla. Stat. § 812.014)
Florida law defines theft as knowingly obtaining or using another person’s property with the intent to deprive the owner of it, either temporarily or permanently.
The classification of the charge depends on the fair market value of the property at the time of the alleged theft.
🔹 Misdemeanor Theft (Petit Theft)
Petit theft applies when the value of the property is less than $750.
🔸 Petit Theft Charge Levels
| Charge Level | Property Value | Maximum Penalty |
|---|---|---|
| Second-Degree Misdemeanor | Under $100 | Up to 60 days jail or 6 months probation |
| First-Degree Misdemeanor | $100–$749 | Up to 1 year in jail or probation |
If your charge falls below the felony threshold, learn more about petit theft misdemeanor charges in Florida, including penalties and defense considerations.
🔸 Felony Theft (Grand Theft)
Grand theft applies when the value of the property is $750 or more. All grand theft charges are felonies under Florida law.
🔴 Grand Theft Charge Levels
| Charge Level | Property Value | Maximum Penalty |
|---|---|---|
| Third-Degree Felony | $750–$19,999 | Up to 5 years in prison |
| Second-Degree Felony | $20,000–$99,999 | Up to 15 years in prison |
| First-Degree Felony | $100,000+ or cargo theft | Up to 30 years in prison |
For a detailed breakdown of felony degrees, sentencing exposure, and penalty ranges, see our guide to grand theft felony penalties in Florida.
🔫 Theft Offenses That Bypass Value Thresholds
Some theft offenses are treated differently under Florida law. For example, theft of a firearm is always charged as grand theft, regardless of the weapon’s value.
To understand how these exceptions work, see our overview of grand theft firearm charges in Florida.
⚠️ Why Classification Matters
Whether a theft charge is classified as a misdemeanor or felony affects:
Jail or prison exposure
Eligibility for diversion programs
Long-term criminal record consequences
Future sentence enhancements
Firearm and civil rights
In many cases, disputes over value determine whether a charge stays a misdemeanor or escalates to a felony.
When value is close to the threshold, understanding how Florida law treats valuation disputes is critical. For a side-by-side explanation, see petit theft vs. grand theft in Florida.
❓ Frequently Asked Questions About Theft Charges in Florida
⚖️ What’s the difference between misdemeanor and felony theft in Florida?
The difference is primarily the value of the property. Theft under $750 is generally charged as petit theft (misdemeanor). Theft of $750 or more is charged as grand theft (felony), unless a statutory exception applies.
🧾 Can a first-time theft charge be dismissed?
Possibly. Depending on the facts, first-time offenders may qualify for diversion, charge reduction, or dismissal. Eligibility depends on the classification of the charge and the circumstances of the case.
💰 What if the value of the stolen item is close to $750?
Value disputes are common. If the State cannot prove felony-level value, a grand theft charge may be reduced to petit theft.
🧑⚖️ Will I go to jail for theft in Florida?
Not necessarily. Many misdemeanor theft cases and some felony theft cases resolve without jail or prison time, depending on classification, prior record, and case facts.
🔐 Can theft charges be sealed or expunged in Florida?
Dismissals, acquittals, or certain withheld adjudications may qualify for record sealing or expungement. Convictions generally do not.
🧭 What’s the Next Step?
Once a theft charge is classified as a misdemeanor or felony, the next step is understanding penalties, defenses, and resolution options based on that classification.
The links above provide deeper guidance tailored to your specific situation.
🧭 What’s the Next Step?
Once a theft charge is classified as a misdemeanor or felony, the next step is understanding penalties, defenses, and resolution options based on that classification.
The links above provide deeper guidance tailored to your specific situation.