When does theft become a felony in Florida?

Florida does not have separate crimes called "larceny" or "stealing." Almost every theft charge is brought under one statute, section 812.014, and the question of misdemeanor or felony is answered by three things: the value of the property, what the property is and where it was taken from, and the person's prior theft record. How Mr. Mead defends these charges is described on our theft defense page. The full list of charges he handles is on the criminal defense practice areas page.

How is a theft charge graded, step by step?

1. Was it theft at all? The State must show the person knowingly obtained or used someone else's property, or tried to, intending to deprive the owner of it or to take it for his or her own use, even temporarily (s. 812.014(1)).
2. What was it worth? Value means market value at the time and place of the offense or, if that cannot be fixed, the cost of replacing it within a reasonable time (s. 812.012(10)(a)).
3. Can separate items be added up? Yes, when the thefts were part of one scheme or course of conduct, from one person or several (s. 812.012(10)(c)).
4. What was taken, and from where? Certain property is a felony at any value, and property taken from a dwelling or its yard has its own lower thresholds (s. 812.014(2)(c), (d)).
5. What is the prior record? One prior theft conviction raises petit theft a degree; two or more make it a felony (s. 812.014(3)(b), (c)).
6. Which court hears it? Misdemeanors stay in county court; felonies go to circuit court, where a sentencing scoresheet applies.

What are the dollar thresholds?

The maximums are ceilings, not typical sentences. Inside the third-degree band, the statute splits value into three steps ($750 to under $5,000, $5,000 to under $10,000, $10,000 to under $20,000). The degree is the same, but the steps rank differently on the sentencing chart in section 921.0022: level 2, level 3 and level 4. That ranking feeds the scoresheet explained on our page about how a Florida felony sentence is calculated. Every degree is compared side by side in our chart of Florida criminal penalties.

Which thefts are felonies no matter the value?

Section 812.014(2)(c) makes the following grand theft of the third degree even when the dollar value is small:

• A motor vehicle.
• A firearm. A second theft of a firearm, after a prior conviction for that offense, is a second-degree felony (s. 812.014(2)(g)).
• A will, codicil or other testamentary document.
• Any amount of a controlled substance.
• A stop sign, a fire extinguisher installed in a building, anhydrous ammonia, 2,000 or more pieces of citrus fruit, commercially farmed animals and registered bee colonies.
• Anything taken from a construction site posted with the sign described in s. 810.09(2)(c).

Emergency medical equipment or law enforcement equipment worth $300 or more, taken from a hospital, an ambulance or a police vehicle, is grand theft of the second degree (s. 812.014(2)(b)3., 4.).

Why does theft from a home have its own rules?

The statute treats property taken from a dwelling, or from the unenclosed yard around one, more harshly than the same item taken from a store:

A "dwelling" is any building or conveyance with a roof that is designed for people to sleep in, including an attached porch and the curtilage (s. 810.011(2)). So a package taken from a front porch or a bicycle taken from a driveway can be a felony at a value that would be a misdemeanor in a store. When the person entered the home or a fenced yard, the State may also look at burglary, which is covered in whether burglary is always a felony in Florida.

How do prior thefts change the charge?

Section 812.014(3) builds an escalator for petit theft. A petit theft with one prior theft conviction is a first-degree misdemeanor. With two or more prior theft convictions, any new petit theft is a third-degree felony, even if the item was worth a few dollars. The statute requires a petit theft judgment to be a written or electronic record signed by the judge, with the person's fingerprints taken and filed, because those judgments are later used as proof of the priors (s. 812.014(3)(d)). For retail thefts, a second conviction also carries a mandatory fine of $50 to $1,000, or public service hours in its place (s. 812.015(2)). The details for store cases are on our page about what happens after a shoplifting arrest in Florida.

What changes the answer?

• How value is proven. The State must prove value, usually through the owner or a store employee. If value cannot be fixed, the jury may find it is "not less than" a certain amount, and if no minimum can be found, the law treats it as under $100 (s. 812.012(10)(b)).
• Aggregation. Several small thefts from one scheme can be added together to reach a felony threshold (s. 812.012(10)(c)). Retail theft has its own 120-day aggregation rules (s. 812.015(8)).
• The type of property. A car, a gun or a controlled substance is a felony at any value (s. 812.014(2)(c)).
• Where it was taken. A dwelling or its unenclosed yard lowers the felony line to $40 (s. 812.014(2)(d)).
• Emergencies and riots. Theft during a declared state of emergency or a riot, helped along by those conditions, is bumped up a degree and the person may not be released before first appearance (s. 812.014(2)(b), (c)).
• Organizing others. Coordinating others in thefts worth more than $3,000 is a second-degree felony (s. 812.014(6)).
• Proof of knowledge. Possessing recently stolen property, unless satisfactorily explained, lets a jury infer the person knew it was stolen (s. 812.022(2)). That inference can be answered with evidence.

A worked example

For example, take a hypothetical person in Boca Raton accused of taking a pressure washer from a neighbor's open garage and selling it online. If the State proves a market value of $620, the charge from a store would be first-degree petit theft, a misdemeanor in county court. Because a garage attached to a house is part of the dwelling, the same $620 item is third-degree grand theft under s. 812.014(2)(d)1., a felony in circuit court with a maximum of 5 years. If the defense shows the used machine was worth $35 at the time, the charge would fall under s. 812.014(2)(e)1. as a first-degree misdemeanor, unless the person has a prior theft conviction. And if the State instead claims the person entered the garage intending to steal, a burglary charge could be added. This is an illustration of how the statute works, not a prediction for any case.

Common mistakes people make

• Assuming the price tag decides the degree. The test is market value at the time, and a used item may be worth far less than its original price.
• Not counting old thefts. A plea to petit theft years ago can turn a new small case into a felony.
• Paying a store's civil demand letter and thinking the criminal case is over. They are separate.
• Talking to the owner or the store to "explain" or offer to pay, which can become evidence of intent.
• Accepting a plea before checking whether the record could later be sealed or expunged.
• Forgetting that a grand theft conviction, as a felony, has effects beyond the sentence, such as on firearm rights.

What to do this week

1. Get the arrest report or notice to appear and write down the exact statute and subsection charged.
2. Gather proof of value: receipts, listings for similar used items, photos, repair records.
3. List every prior arrest or plea for theft, in Florida or elsewhere, with dates.
4. Do not contact the alleged victim or post about the case online.
5. Note your first court date and the courthouse; a missed date can lead to a warrant.
6. Speak with a defense attorney before any plea, diversion application or restitution offer.

Frequently asked questions

Is stealing something worth $700 a felony in Florida?

Usually not. Property worth $100 to under $750 is first-degree petit theft, a misdemeanor (s. 812.014(2)(f)). It is a felony if the item came from a dwelling or its yard, if it is a type of property listed in s. 812.014(2)(c), or if the person has two or more prior theft convictions.

Can several small thefts be added together?

Yes, if they were part of one scheme or course of conduct (s. 812.012(10)(c)). The State has to prove the connection, not just that the thefts happened.

Does a withhold of adjudication count as a prior theft?

The answer can depend on the statute and the record, and it matters for both the escalator and later sealing. The general effect of a withhold is explained in what a withhold of adjudication is, and why it matters.

Can a grand theft charge be reduced to petit theft?

A charge can be amended when the evidence of value is weak or the State agrees to a lesser offense, but no outcome can be promised. Whether a case can end before trial is discussed in whether criminal charges can be dropped.

Is there diversion for a first theft?

Both counties have programs that can apply to first-time misdemeanor and some third-degree felony charges, each with its own rules. See pretrial diversion in Palm Beach and Broward.

What if the theft involved a check, a card or a scheme?

Those cases are often charged under the fraud statutes instead of, or along with, s. 812.014. How they are defended is on our fraud defense page.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a theft case the degree often turns on value evidence, the place the property was taken from and the prior record, so those details are worth testing before any decision. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are charged with theft, a confidential call to (561) 362-6677 is a sound first step.

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