What Is the Difference Between Petty Theft andGrand Theft in Florida?

In Florida, the alleged value of stolen property determines whether a theft case is a misdemeanor or a felony — and what level of felony it is. Those thresholds are specific, and they matter a great deal because they change the entire posture of the case.

Florida's Theft Thresholds

Florida Statute §812.014 sets out the specific value thresholds that determine how theft is charged:

• Petit theft, second degree — value under $100 — second-degree misdemeanor, up to 60 days in jail
• Petit theft, first degree — value $100 to $749 — first-degree misdemeanor, up to one year in jail
• Grand theft, third degree — value $750 to $19,999 — third-degree felony, up to five years in prison
• Grand theft, second degree — value $20,000 to $99,999 — second-degree felony, up to 15 years in prison
• Grand theft, first degree — value $100,000 or more — first-degree felony, up to 30 years in prison

Theft of a motor vehicle is grand theft regardless of the vehicle's value. Same for certain categories like cargo, emergency equipment, and firearms.

Why the State's Value Calculation Is Worth Scrutinizing

In retail cases, the state often uses the store's listed retail price. But retail price is not always the legal measure of value. Florida courts look at the fair market value of the property — what a willing buyer would pay a willing seller — not what a store chose to put on the tag. For used property, damaged goods, or merchandise the store was already discounting, the real value may be lower than what the charging document says.

When the alleged value sits right at a threshold — say $740 in a case charged as petty theft or $800 in a case charged as grand theft — the valuation can become one of the most important contested issues in the case.

Multiple Items and Aggregation

When the state charges theft of multiple items from the same episode, it typically aggregates those values into a single total. That aggregate number can push a case from misdemeanor territory into felony territory. If the aggregation is questionable — for example, if the items came from different episodes or the state's list includes items that were not actually taken — that is a defense angle worth pursuing.

Theft Still Requires Proof of Intent

Even when value is disputed, the state still has to prove the core of the theft allegation: that the person knowingly and unlawfully obtained or used someone else's property with the intent to deprive them of it. A value fight does not replace the need to challenge identity, intent, and the underlying facts of the case.

Prior Theft Convictions Can Change the Picture

A second petit theft conviction can be charged as a first-degree misdemeanor even if the value would otherwise put it at second-degree. A third theft conviction can be charged as a third-degree felony regardless of value. Prior record matters — both for charge level and for how aggressively the prosecution treats the case.

Where Defense Work Usually Starts

In any theft case, the defense review should cover three things: whether the state can actually prove the taking happened, whether the value is accurately calculated, and whether a prior record creates additional exposure. All three are worth examining before accepting any offer.