At Weinstein Legal Team, criminal defense lawyer Matt Shafran will work tirelessly on your theft case. Matt and the team are skilled in navigating the technical details that criminal cases often rest on and have successfully defended numerous theft and property cases.
According to the Florida Statute Section 812.014 for Theft, Florida laws use the legal term "theft" to refer to a variety of property crimes, such as stealing, larceny, misappropriation, conversion, and other offenses. In general, a theft crime involves the unauthorized use or taking of someone else's property. The laws in Florida distinguish levels of theft, petit theft, and grand theft.
These levels determine whether an offense will be prosecuted as a felony or a misdemeanor. The degree often depends on the value of the stolen property and other circumstances.
Most theft crimes involve a range of degrees depending on factors such as the dollar amount of items stolen, the use of force or firearms during the theft, and, in crimes such as arson, whether or not someone was injured. While all theft crimes are considered property crimes, not all property crimes (vandalism, for example) involve theft.
In Florida, theft crimes range from petit theft offenses such as shoplifting up to first-degree felonies like armed robbery, which is punishable by up to life in prison, and large-scale grand theft. Related property crimes such as vandalism, burglary, and arson are charged under their own statutes, and it is common to face a theft count alongside them. Burglary often involves theft, but by law it only requires entering or remaining in a dwelling, structure, or conveyance without permission and with intent to commit an offense inside. Other offenses include the taking of property or money. And if a victim is present, the crime can be considered robbery.
Definition of Theft According to Florida Law
In Florida, someone has committed a theft when they've taken or used property that is not theirs and allowed others to use that property. These acts must also be done with criminal intent.
In addition to levels, the penalties for theft in Florida are divided into criminal and civil. Theft crimes are also divided into types and degrees. The type of property stolen, combined with how much it was worth, determines the category and degree of the theft charge.
Second-Degree Petit Theft
The least serious type of theft in Florida is "petit theft." When a stolen property is worth less than $100, the crime is charged as second-degree petit theft. It is a second-degree misdemeanor. This level of crime can result in a penalty of up to 60 days in jail, 6 months probation, and/or a fine of not more than $500.
First-Degree Petit Theft
When stolen property is valued at $100 or more but less than $750, the crime is first-degree petit theft, a first-degree misdemeanor.
A conviction for this type of theft may result in a maximum of one year in jail and a fine not to exceed $1,000.
If the defendant has been convicted twice of any level of theft crime, the charge will be changed to a third-degree felony.
According to Florida law, the penalties for a grand theft charge weigh heavily on the property that was stolen as well as its value.
Third-Degree Grand Theft
The charge of third-degree grand theft is more complex. When the stolen property is worth $750 or more but less than $20,000, the charge is third-degree grand theft, a third-degree felony under Fla. Stat. § 812.014(2)(c). Florida raised this felony threshold from $300 to $750 in 2019, so if you were charged based on an amount between $300 and $750, make sure the charge reflects current law.
Theft of certain property is third-degree grand theft regardless of its value. The statute's list includes:
- A motor vehicle
- A firearm
- A fire extinguisher
- A stop sign
- Any amount of a controlled substance
- A will or codicil
- Commercially farmed animals
- Property taken from a construction site marked with the warning sign the statute requires
The penalty for these offenses can result in a maximum of 5 years of imprisonment and a fine of up to $5,000.
Second-Degree Grand Theft
When stolen property is worth $20,000 or more but less than $100,000, the theft qualifies as second-degree grand theft and is also considered a second-degree felony.
The following are also considered second-degree grand theft: interstate or intrastate commerce cargo worth less than $50,000 or $300 or more of emergency medical equipment or law enforcement equipment.
A conviction for a second-degree felony can carry a maximum sentence of 15 years as well as a fine of up to $10,000.
First-Degree Grand Theft
In Florida, the highest theft level is first-degree grand theft, and it is a first-degree felony.
The following falls into this category: property worth $100,000 and higher, a semitrailer in use by law enforcement, and $50,000 or more of interstate or intrastate cargo. In addition, any grand theft that involves the use of a motor vehicle during the crime and results in over $1,000 in damage to personal property, land, or buildings is considered a first-degree grand theft.
These offenses carry a maximum sentence of 30 years and a fine of up to $10,000.
Florida toughened its retail theft laws in 2024 under HB 549. Within the windows and value thresholds the statute sets, prosecutors can now add up thefts from different stores on different days into a single felony charge, retail theft committed in concert with others or during a riot is graded more harshly, and taking a delivered package from someone's doorstep has its own grading in the theft statute. A shoplifting allegation that once meant a citation can now be charged as a felony when the State claims coordination or repeat conduct.
If you are accused of retail theft, do not try to talk your way through it with store security, and do not sign their paperwork, because store incident reports are written to protect the store. Ask for a lawyer.
There are two types of civil penalties for theft in Florida. Civil infractions can incur penalties such as a suspended driver's license and possible supplemental fines depending on how much the stolen property is worth.
Suspension of Driver's License
Florida attaches a penalty to theft that surprises nearly everyone, and it is your driver's license. For a defendant under 18 with no prior record, Fla. Stat. § 812.0155 lets the court revoke, suspend, or withhold a driver's license for six months to a year instead of imposing probation, commitment to the Department of Juvenile Justice, or jail, even though the theft had nothing to do with driving. Judges use that option, and a young driver can lose a license over a first shoplifting case. If you drive for work, this consequence alone can justify fighting a minor shoplifting charge rather than pleading it out.
Theft Civil Liability
When someone commits a theft in Florida, they may be sued by the victim of the theft in civil court. In the case of a minor who commits theft or shoplifting, their parent or legal guardian may be held civilly liable in accordance with the Parents' Civil Liability for a Child's Acts (Fla. Stat. § 741.24).
They may be required to pay three times the monetary damage or $200, whichever is the greater amount. In the case of shoplifting, the retail value of the stolen merchandise is used. In addition, they may be required to reimburse the victim's court costs and reasonable attorney's fees.
In order to sue, the victim of the theft is required to send a written request for payment at least 30 days before filing an action for civil liability. If the defendant pays the amount requested, the victim is required to provide a written release from any more civil liability (Fla. Stat. Ann. § 772.11).
Effects of Previous Theft Convictions in Florida
When a person with previous theft convictions then commits a petit theft offense, the charges can be bumped up to a first-degree misdemeanor. And if you have two or more theft convictions, a petit theft offense can turn into a third-degree felony because a prosecutor up-filed the charges.
Is shoplifting a felony in Florida?
Usually not on a first offense involving ordinary merchandise, because retail theft below the felony threshold is petit theft, a misdemeanor. It becomes a felony when the value crosses the grand theft line, when you have two or more prior theft convictions, or when the State alleges coordinated retail theft under Florida's 2024 law. Our guide covers what happens when you are charged with theft in South Florida.
Can a theft charge be dropped or reduced?
Often, yes. Theft cases turn on proof of intent and identity, and grainy loss-prevention video, honest mistakes at self-checkout, borrowed property, and shared accounts all create reasonable doubt. Some circuits offer first-time defendants a pretrial diversion program, and completing one can end with the charge dropped, although eligibility and the outcome vary by county and State Attorney. If you were wrongfully accused of shoplifting, do not plead just to end it, because a theft conviction is a permanent crime of dishonesty on your record.
Will a theft conviction stay on my record?
Yes, and theft is a crime of dishonesty, the category employers screen for hardest. A withhold of adjudication does not make the record sealable on its own, and a dismissal does not guarantee expungement. Both depend on the eligibility rules in Fla. Stat. §§ 943.0584 and 943.059, including your prior record. See expunging shoplifting charges and our Florida expungement page.
What is the difference between theft, robbery, and burglary?
Theft is taking property. Robbery is taking it from a person by force or fear, which makes it a violent felony. Burglary is entering a structure or conveyance with intent to commit an offense inside, and no taking is required. The distinction matters enormously, because the same incident described three ways can mean a misdemeanor or a first-degree felony. Read more on burglary vs. robbery.
If you have been charged with a theft or property crime in Fort Lauderdale, West Palm Beach, Orlando, or Naples, no matter the degree, the criminal defense team at Weinstein Legal Team can help. As a former Assistant State Attorney, theft attorney Matt Shafran knows the complex theft and property laws inside and out. Together with our team, he will use every tool at his disposal to aggressively fight for you.
