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

Florida also assigns special classifications to certain property. Theft of a motor vehicle or firearm generally constitutes grand theft even when its value is below $750. Other categories, including qualifying cargo, emergency medical equipment, law-enforcement equipment, and property taken from a dwelling, are governed by additional statutory requirements and value thresholds. The precise charge therefore depends on both the type of property and the surrounding facts.

Why the State's Value Calculation Is Worth Scrutinizing

Florida generally defines value as the property's market value at the time and place of the alleged offense. If market value cannot be satisfactorily determined, replacement cost within a reasonable time may be considered. In a retail-theft case, the store's sale price may be evidence of value, but the evidence should still be examined carefully. Discounts, condition, depreciation, missing components, and the prosecution's supporting records may affect whether the State can prove the value required for a particular charge level.

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

Florida law permits the values of separate properties to be combined when the alleged thefts were committed pursuant to one scheme or course of conduct, even if the property belonged to different people. Aggregation can raise a case from a misdemeanor to a felony. The defense should examine whether the incidents were actually connected, whether every item was proved to have been taken, and whether each assigned value is supported by admissible evidence.

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

Prior theft convictions can increase the classification of a new petit-theft charge. A person who commits petit theft after one prior theft conviction may face a first-degree misdemeanor. A person who commits petit theft after two or more prior theft convictions may face a third-degree felony. Special rules may apply when property is taken from a dwelling or when the charge involves another specifically classified form of theft.

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.