Chad M. Seibel
Criminal Defense
407.846.8008
Theft Defense
A Florida theft charge can bring jail time, a permanent record, and a civil demand letter. The charge level depends mainly on value, what was taken, and prior theft convictions.
Florida's theft laws have changed, and much online information is outdated. Get accurate advice before you talk to police or answer a demand letter. Call or text 407-846-8008.
Theft Charges and Penalties
Theft includes knowingly obtaining or using someone else's property with intent to deprive them of it, even temporarily (§ 812.014(1)). Value generally means market value at the time and place of the offense (§ 812.012(10)).
• Under $100: Petit theft of the second degree, a second-degree misdemeanor. Up to 60 days in jail and a $500 fine (§ 812.014(3)(a)).
• $100 to under $750: Petit theft of the first degree, a first-degree misdemeanor. Up to 1 year in jail and a $1,000 fine (§ 812.014(2)(f)).
• $750 to under $20,000: Grand theft of the third degree, a third-degree felony. Up to 5 years in prison and a $5,000 fine. The statute splits this range at $5,000 and $10,000 (§ 812.014(2)(c)1.–3.).
• $20,000 to under $100,000: Grand theft of the second degree, a second-degree felony. Up to 15 years and a $10,000 fine (§ 812.014(2)(b)).
• $100,000 or more: Grand theft of the first degree, a first-degree felony. Up to 30 years and a $10,000 fine (§ 812.014(2)(a)).
These are statutory maximums (§§ 775.082, 775.083). Actual sentences depend on the facts and the person's record.
Factors That Raise a Theft Charge
• Certain items: Some property makes the theft a third-degree felony at any value. Examples include a firearm, a motor vehicle, a will, a stop sign, and any amount of a controlled substance (§ 812.014(2)(c)).
• A second firearm theft: Stealing a firearm after a prior conviction for grand theft of a firearm is a second-degree felony (§ 812.014(2)(g)).
• Theft from a home or yard: Taking property worth $40 or more from a dwelling or its unenclosed curtilage is a third-degree felony (§ 812.014(2)(d)). Under $40 is a first-degree misdemeanor, or a felony with a prior theft conviction (§ 812.014(2)(e)).
• Aggregation: Separate thefts committed under one scheme or course of conduct may be added together to set the grade (§ 812.012(10)(c)). Several small thefts can become one grand theft charge.
• Prior theft convictions: Petit theft with one prior theft conviction becomes a first-degree misdemeanor (§ 812.014(3)(b)). With two or more priors, it becomes a third-degree felony (§ 812.014(3)(c)).
Retail Theft and Civil Demand Letters
Shoplifting is charged as retail theft under § 812.015. A merchant with probable cause may detain a person in a reasonable manner for a reasonable time (§ 812.015(3)(a)). A second or later petit theft from a merchant carries a mandatory fine of $50 to $1,000, or public service instead (§ 812.015(2)).
Retail theft can become a felony in certain situations, such as coordinated or repeated thefts within a 120-day period (§ 812.015(8)–(9)).
Many people also receive a civil demand letter. Under § 772.11, a person injured by theft may seek three times their actual damages, with a $200 minimum, plus attorney's fees. Before suing, they must send a written demand. If the demand is paid within 30 days after receipt, the recipient gets a written release from further civil liability for that act. The release does not resolve the criminal case.
How Theft Cases Are Defended
Every case turns on its facts. Common issues include:
• Intent: The State must prove intent to deprive the owner. A mistake, a misunderstanding, or a genuine ownership dispute may not be theft.
• Value: Value drives the degree. If value cannot be determined, the law may treat it as less than $100 (§ 812.012(10)(b)). A value challenge can affect whether a case is a felony or a misdemeanor.
• Evidence and identification: Video, witness accounts, and receipts should be reviewed closely.
• Possession of stolen property: Possessing recently stolen property supports an inference of knowledge, unless satisfactorily explained (§ 812.022(2)).
• Aggregation and priors: Combined values and claimed prior convictions should be tested.
• Pretrial intervention: Some first offenders charged with a misdemeanor or third-degree felony may be considered for pretrial intervention. It requires consent of the victim, the State Attorney, and the judge. Successful completion may lead to dismissal (§ 948.08).
For more detail, see our pages on Petit Theft & Shoplifting, Grand Theft, Dealing in Stolen Property, and Robbery.
Frequently Asked Questions
Is shoplifting a felony in Florida?
Usually not, when the value is under $750 and there are no prior theft convictions. It can become a felony with two or more prior theft convictions, or under the felony retail theft provisions in § 812.015.
Should I pay a civil demand letter?
It depends. Paying may resolve the civil claim for that act under § 772.11. It does not end the criminal case. Talk to a lawyer before you pay or respond.
Can several small thefts be charged as grand theft?
Yes. If the thefts were part of one scheme or course of conduct, the State may add the values together (§ 812.012(10)(c)).
Talk to a Former Prosecutor Today
Chad Seibel is a former prosecutor who now defends people accused of crimes. He has seen theft cases from the prosecution side. Call or text 407-846-8008 to discuss your case.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.