The line between a misdemeanor and a felony theft is a dollar amount, and the line between a crime and a misunderstanding is intent. Both are worth fighting over, and both are easier to fight early.
Call 904-383-7448Theft in Florida is governed by section 812.014, Florida Statutes. The crime is knowingly taking or using another person's property with the intent to deprive them of it. Whether it is charged as a misdemeanor petit theft or a felony grand theft depends mostly on the value of the property. Two questions decide most theft cases: what the property was actually worth, and whether the person intended to steal it at all.
If you are charged with theft, do not try to talk your way out of it with police. Call 904-383-7448.
Section 812.014 sets out a single offense of theft and then grades it by the value of what was taken. Below a statutory dollar threshold, the offense is petit theft, a misdemeanor. At or above the grand-theft threshold, it becomes grand theft, a felony. The exact thresholds are set by statute and have been adjusted by the Legislature over the years, so the value figures that apply to a given case depend on the date of the offense and the current statute; a defense should always confirm the controlling numbers rather than rely on a remembered figure. What does not change is the principle: the value of the property is the dividing line between a misdemeanor and a felony, and so it is one of the most important facts in the case.
Because value matters so much, it is frequently contested. The State must prove the fair market value of the property at the time and place of the theft, and that is not the same as the original retail price or the replacement cost. A used item depreciates. A damaged item is worth less. An inflated valuation can push a case across the felony line when an accurate one would keep it a misdemeanor. Pinning down the true value is a real part of the defense.
Grand theft itself comes in degrees. Grand theft in the third degree covers a broad value range above the misdemeanor threshold and also applies to certain specific items regardless of value, such as a firearm or a motor vehicle. It is a third-degree felony, carrying up to five years under section 775.082, Florida Statutes. As the value of the property climbs, the offense moves up to second-degree grand theft and then first-degree grand theft, with maximums of fifteen and thirty years respectively. Fines come from section 775.083. Because some property is grand theft by its nature and other property only by its value, the type of item and its proven worth together decide the exposure.
Theft is not just a taking; it is a taking with criminal intent. The State must prove the person knowingly obtained or used the property with the intent, either temporarily or permanently, to deprive the owner of it or to appropriate it for the person's own use. That intent requirement is a genuine defense in many cases. Someone who believed the property was his, who had a good-faith claim of right to it, who took it by honest mistake, or who borrowed it without meaning to keep it has not committed theft, even if a misunderstanding led to a police report. Disputes between business partners, family members, and former couples often produce theft charges where the real question is who owned what and what the person actually intended.
A theft defense often works on two fronts at once: knocking down the value to keep the case a misdemeanor, and attacking the intent element to defeat the charge entirely. The defense gathers the records that show what the property was really worth, examines the surveillance and inventory evidence, and tests whether the State can prove the person knew the property belonged to someone else and meant to deprive them of it. Where the proof is thin, the goal may be a reduction to petit theft, a diversion program, or a dismissal. For a person with no record, a first theft can sometimes be resolved in a way that avoids a conviction altogether, which protects against the lasting employment and immigration consequences a theft conviction can carry.
Related: Felony & Violent Crimes overview · Burglary Defense · Robbery Defense
The value of the property. Under section 812.014, theft below a statutory threshold is petit theft, a misdemeanor, while theft at or above the grand-theft threshold is a felony. The controlling dollar figures depend on the date of the offense, so they should be confirmed against the current statute.
By value and by the type of property. Third-degree grand theft covers a broad value range and certain items like a firearm or a motor vehicle regardless of value. Higher values move it to second-degree and first-degree grand theft, with larger maximums.
Yes. The State must prove the person knowingly took or used another's property intending to deprive the owner of it. An honest mistake, a good-faith claim of right, or a borrowing without intent to deprive can defeat the charge.
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Call 904-383-7448Graham W. Syfert, Esq., P.A. · Jacksonville, Florida
Serving Duval, Clay, Nassau, and St. Johns Counties