Theft charges in Florida can range from relatively minor offenses to serious felonies carrying years of prison time. The key difference between petty theft and grand theft lies mainly in the value of the property allegedly stolen. But the consequences, both immediate and long-term, vary dramatically. Understanding the distinction can help you better grasp what you’re facing if charged—and what your defense strategy should focus on.
What is Petty Theft in Florida?
Petty theft, also known as petit theft, typically involves the unlawful taking of property valued at less than $750. Even though it’s classified as a misdemeanor, a conviction can still result in jail time, fines, and a permanent criminal record. Florida law breaks down petty theft charges into two main categories:
Second-Degree Misdemeanor Petty Theft
This occurs when the value of the stolen property is less than $100. Penalties can include:
- Up to 60 days in jail
- Up to 6 months probation
- Fines up to $500
First-Degree Misdemeanor Petty Theft
If the value of the stolen property is between $100 and $749, the charge becomes a first-degree misdemeanor. Penalties increase to:
- Up to 1 year in jail
- Up to 1 year probation
- Fines up to $1,000
What is Grand Theft in Florida?
Grand theft is a felony offense involving the unlawful taking of property valued at $750 or more. Florida categorizes grand theft into several degrees based on the value of the property and the specific circumstances of the crime.
Third-Degree Grand Theft
Applies when the value of stolen property is between $750 and $20,000, or when specific types of property (like firearms or motor vehicles) are involved. Penalties include:
- Up to 5 years in prison
- Up to 5 years probation
- Fines up to $5,000
Second-Degree Grand Theft
Involves stolen property valued between $20,000 and $100,000. Penalties escalate to:
- Up to 15 years in prison
- Up to 15 years probation
- Fines up to $10,000
First-Degree Grand Theft
Reserved for property valued at $100,000 or more, or when a motor vehicle was used to commit the theft and caused damage. The consequences are severe:
- Up to 30 years in prison
- Up to $10,000 in fines
Key Factors That Affect Theft Charges
- Prior Convictions: Multiple petty theft convictions can result in a felony charge, even if the value is low.
- Property Type: Certain property types—like firearms, motor vehicles, or controlled substances—automatically elevate the charge to grand theft.
- Use of Force: If force or threats are used during the theft, robbery charges (a far more serious offense) may apply instead.
Consequences Beyond Criminal Penalties
A theft conviction can affect your life in ways that go far beyond jail time and fines. Employers, landlords, and professional licensing boards often view theft convictions as crimes of dishonesty, making it difficult to secure employment, housing, or certain certifications.
How a Skilled Theft Defense Attorney Can Help
At Reynoso Erickson Trial Law, P.A., our Miami theft defense lawyers know how to attack every aspect of the case against you. Potential strategies include challenging the identification process, disputing ownership or value of the property, or negotiating for pretrial diversion programs that could help you avoid a conviction altogether.
Protect Your Rights Today
If you’ve been charged with petty or grand theft in Florida, don’t wait to get help. Even a minor theft conviction can leave a lasting mark on your record. Speak with a dedicated Miami theft defense attorney at Reynoso Erickson Trial Law, P.A. today. We’ll fight to protect your freedom, your record, and your future.