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Florida draws a sharp line between petit theft and grand theft, and where your charges land on that line determines whether you are facing a misdemeanor or a felony. Under Florida Statute § 812.014, theft of property valued at less than $750 is classified as petit theft, a misdemeanor. Theft of property worth $750 or more is grand theft, a felony. As an Orlando criminal defense attorney will tell you, that distinction carries life-changing consequences, from the length of a potential sentence to the long-term impact on your record, career, and housing options.
What Is Petit Theft in Florida?
Petit theft covers theft of property valued at less than $750 and is treated as a misdemeanor. Florida law divides it into two degrees based on the value of the property taken.
Second-degree petit theft applies when the property is worth less than $100. A conviction can bring up to 60 days in jail, six months of probation, and a fine of up to $500.
First-degree petit theft applies when the property is valued between $100 and $749. The penalties increase to up to one year in jail, one year of probation, and a fine of up to $1,000.
Shoplifting is among the most common scenarios. Someone who walks out of an Orlando retailer with merchandise under the $750 threshold will typically face a petit theft charge. But there is a critical exception: if you have two or more prior theft convictions on your record, the state can elevate even a low-value theft to a third-degree felony, regardless of what was taken. This is one of the most misunderstood aspects of Florida’s theft laws.
Florida also suspends your driver’s license upon a petit theft conviction: six months for a first offense, one year for a second.
What Is Grand Theft in Florida?
Grand theft is a felony and applies when the value of the stolen property is $750 or more. Florida law further divides grand theft into three degrees, each carrying a progressively harsher sentence.
- Third-degree grand theft (property valued at $750 to $19,999): up to five years in prison and a $5,000 fine
- Second-degree grand theft (property valued at $20,000 to $99,999): up to 15 years in prison and a $10,000 fine
- First-degree grand theft (property valued at $100,000 or more): up to 30 years in prison and a $10,000 fine
Some property is automatically treated as grand theft regardless of dollar value — firearms, motor vehicles, and certain types of emergency equipment, for example. These special categories mean that someone can face felony charges even when the property involved appears to have a modest market value.
How Does Florida Determine the Value of Stolen Property?
Florida courts do not simply look at a price tag. They consider the fair market value of the property at the time and place of the theft. For used or damaged items, that figure can be significantly lower than the original retail price.
For example, if someone is accused of stealing a laptop originally priced at $800, the prosecution must prove that the laptop’s current market value is $750 or more. If the device is two years old and shows signs of wear, a defense attorney can argue that its fair market value falls below the felony threshold, potentially turning a grand theft charge into a misdemeanor.
The Orange County courts handle thousands of theft cases each year, and the value of property in dispute is one of the most frequently contested elements in those proceedings.
Can a Petit Theft Charge Become a Felony?
Yes — and more easily than most people expect. Under Florida law, a person with two or more prior theft convictions can be charged with a third-degree felony for any subsequent theft, regardless of the value of the property taken. A third shoplifting incident, even involving a $20 item, can land someone in felony territory.
Prosecutors can also aggregate the value of multiple petit thefts committed within a 120-day window and file a single, elevated charge. This stacking approach is commonly used in retail theft cases and can push a defendant from misdemeanor charges into grand theft territory, even when no single incident involves property worth $750 or more.
Talk to an Orlando Theft Attorney Today
Whether you are facing a misdemeanor shoplifting charge or a felony grand theft allegation, the steps you take immediately after an arrest matter. Even a petit theft conviction can affect your ability to find employment, rent an apartment, or maintain a professional license. A felony conviction carries those consequences and more, including the loss of voting rights and restrictions on firearm ownership.
If you or a family member has been charged with theft in Orlando or anywhere in Orange County, the Law Offices of Jose E. Lopez is ready to help. Our team understands that every case is different, and we fight to protect your record and your future. Contact us today to schedule your consultation. Se habla español.