Article Source: Parikh Law, Orlando, FL
The value of stolen property determines whether a theft case in Florida is classified as a felony or a misdemeanor. Theft over $750 is generally considered a felony, leading to more serious legal consequences.
If the stolen property is valued at $750 or more, the theft is charged as a third-degree felony in Florida. This threshold is crucial for individuals to understand, as penalties increase significantly beyond this amount.
Smaller thefts, under $750, are typically treated as misdemeanors, which carry lesser penalties. Knowing these distinctions helps clarify the legal stakes involved in theft cases across Florida.
Definition Of Felony Theft In Florida
Felony theft in Florida is determined by specific legal values and the nature of the stolen property. The classification depends on how much is taken and the circumstances surrounding the theft.
Overview Of Theft Laws
Florida defines theft as knowingly obtaining or using someone else’s property without permission. This includes money, goods, or services.
The law requires intent to permanently or temporarily deprive the owner of their property. Theft can involve physical taking or fraudulent means.
Theft offenses can be charged as misdemeanors or felonies depending on the value of the property and other factors like prior convictions or the type of property stolen.
Legal Thresholds For Felony Charges
In Florida, theft becomes a felony if the stolen property exceeds $750 in value.
- Theft under $750 is a first-degree misdemeanor.
- Theft from $750.01 to $20,000 is a third-degree felony.
- Theft between $20,000.01 and $100,000 is a second-degree felony.
- Theft over $100,000 is a first-degree felony.
Certain items, such as firearms or explosives, can increase the severity of charges regardless of value.
Classification Of Offenses
Felony theft charges are classified by degree, each carrying different penalties.
| Degree | Value Range | Penalty |
| Third-degree felony | $750.01 to $20,000 | Up to 5 years in prison |
| Second-degree felony | $20,000.01 to $100,000 | Up to 15 years in prison |
| First-degree felony | Over $100,000 or special cases | Up to 30 years in prison |
Theft involving certain aggravating factors, such as theft from a person or during a declared state of emergency, may lead to enhanced penalties.
Monetary Values And Degree Of Charges
The classification of theft charges in Florida depends largely on the stolen property’s value. Specific dollar thresholds separate different levels of theft offenses, affecting whether a charge is a felony or a misdemeanor.
Grand Theft Versus Petit Theft
In Florida, grand theft is charged when the value of stolen property exceeds certain monetary limits. It is classified as a felony and carries harsher penalties than petit theft.
Petit theft generally involves property valued below these limits and is treated as a misdemeanor or low-degree felony depending on the amount. The key difference lies in the financial threshold, affecting the severity of the charge and potential sentencing.
Current Dollar Limits
The current legal thresholds are:
| Theft Type | Threshold Amount | Charge Class |
| Petit Theft | Less than $750 | Misdemeanor |
| Grand Theft 3rd | $750 to less than $5,000 | Third-degree felony |
| Grand Theft 2nd | $5,000 to less than $100,000 | Second-degree felony |
| Grand Theft 1st | $100,000 or more | First-degree felony |
Amounts stolen drive the degree of felony charged. Theft under $750 is usually a misdemeanor, while amounts above elevate charges to grand theft with felony penalties.
Recent Changes In Florida Law
Florida revised its theft thresholds in 2021, raising the petty theft limit from $300 to $750. This change aimed to reduce felony charges for low-level thefts and alleviate court burdens.
The adjustments in the law clarified distinctions between misdemeanors and felonies, reducing the number of cases escalated to grand theft. These reforms reflect ongoing efforts to balance punishment with the value of stolen property.
Types Of Felony Theft
Felony theft charges in Florida depend mainly on the value of the stolen property and specific circumstances surrounding the crime. The laws divide felony theft into degrees, with varying penalties tied to the amount taken or the type of property involved.
Third Degree Grand Theft
Third Degree Grand Theft applies when the value of stolen property is between $750 and $20,000. This is the least severe felony theft charge in Florida. It includes theft of tangible goods, services, or property within this value range.
Penalties for third degree grand theft may include up to 5 years in prison, fines up to $5,000, or both. Additionally, the offender could face probation or community service.
Second Degree Grand Theft
Second Degree Grand Theft covers theft of property valued at $20,000 or more but less than $100,000. This degree reflects a more serious financial loss and brings harsher consequences.
Conviction can lead to up to 15 years in prison and fines up to $10,000. Theft of certain high-value or sensitive property, such as commercial goods or communication equipment, might also fall under this category.
Penalties And Sentencing Guidelines
The penalties for felony theft in Florida vary based on the theft’s value and the defendant’s criminal history. Sentencing typically involves prison time, fines, and restitution to the victim.
Prison Sentences
Prison sentences for felony theft depend on the item’s value taken. Theft between $750 and $20,000 is a third-degree felony, punishable by up to 5 years in prison. Theft exceeding $20,000 but less than $100,000 is a second-degree felony with a potential sentence of up to 15 years.
If the theft involves property worth $100,000 or more, it becomes a first-degree felony. This carries a prison term of up to 30 years. Repeat offenders may face enhanced sentences, with mandatory minimums in some cases, especially for theft involving controlled substances or firearms.
Fines And Restitution
Fines for felony theft in Florida also scale with the severity of the crime. Third-degree felony theft fines can reach $5,000. Second-degree felony theft fines may go up to $10,000, and first-degree felony fines can be as high as $10,000, though judges often prioritize restitution.
Restitution requires offenders to repay the full value of stolen property or damages caused. Courts may order payment schedules, and failure to pay can impact parole or probation status. Restitution aims to compensate victims directly for losses due to theft.
Factors Affecting Felony Theft Charges
Several key elements influence whether a theft charge in Florida is elevated to a felony. These include how much the stolen property is worth, if the defendant has prior criminal history, and the specific method used to commit the theft.
Value Of Stolen Property
The dollar amount of stolen property is the primary factor in determining felony theft charges in Florida. Theft of property valued at $750 or more generally qualifies as at least a third-degree felony.
If the value reaches $20,000 or more, the charge can escalate to a second-degree felony, carrying more severe penalties. Property worth $100,000 or higher may result in a first-degree felony charge, reflecting the highest level of theft offenses.
Additionally, theft involving certain types of property, such as a firearm or a motor vehicle, can trigger enhanced felony charges regardless of the value.
Prior Convictions
A defendant’s criminal record significantly impacts the felony theft classification. Repeat offenders face harsher penalties and may see their theft charges upgraded to a higher degree felony.
For example, if the individual has previous theft convictions within the last five years, the charge may increase from a third-degree to a second-degree felony. Prior felony convictions in general may also lead to enhanced sentencing due to habitual offender statutes.
Courts consider the nature and frequency of prior offenses when determining the severity of the charge and the sentence.
Method Of Theft
How the theft is carried out affects whether it is charged as a felony. Use of force, threats, or possession of burglary tools often leads to felony charges, even if the stolen property value is lower.
Shoplifting or petit theft involving a simple taking without aggravation usually results in misdemeanors unless the value threshold is exceeded.
Crimes like robbery or grand theft by fake identification are automatically felony offenses because of the method’s criminal seriousness. The presence of aggravating factors can elevate theft charges and influence sentencing outcomes.
Legal Process For Felony Theft Cases
The legal process for felony theft in Florida begins with law enforcement actions and moves through various court stages. Each step involves specific procedures to determine guilt and appropriate penalties.
Arrest And Booking
When someone is suspected of felony theft, the police may arrest them based on probable cause. The arrest can occur at the scene or after an investigation. After the arrest, the individual undergoes booking, which includes fingerprinting, photographing, and recording personal information.
During booking, officers document the alleged offense and ensure the suspect is informed of their rights. Depending on the case, the suspect might be held in jail or released on bail. Felony theft charges require the arresting officers to file detailed reports that will be used during prosecution.
Court Proceedings
After booking, the case proceeds to the court system, starting with an arraignment. The accused is formally charged and asked to enter a plea—guilty, not guilty, or no contest. A felony theft case typically moves on to pretrial hearings where evidence is exchanged.
Trials involve presentation of evidence, witness testimonies, and legal arguments. The prosecution must prove the theft value exceeds specific thresholds to confirm felony status. If found guilty, sentencing follows, which can include prison time, probation, fines, or restitution depending on the theft’s severity and prior criminal history.
Long-Term Consequences Of A Felony Theft Conviction
A felony theft conviction in Florida affects multiple areas of an individual’s life beyond the immediate legal penalties. These include significant hurdles in securing employment and the permanent loss of certain civil rights.
Impact On Employment
Employers in Florida frequently conduct background checks and may deny job opportunities to individuals with felony theft convictions. This is especially true for positions involving financial responsibility, security, or working with vulnerable populations.
Certain fields, such as healthcare, education, and government jobs, often have strict restrictions against hiring felons. Additionally, professional licenses and certifications can be difficult or impossible to obtain with a felony record.
The conviction can limit earning potential and create long-term economic challenges due to the stigma attached to criminal records. Some organizations offer reentry programs, but these are not universally available.
Loss Of Civil Rights
A felony theft conviction results in the loss of several civil rights in Florida. This includes the right to vote while the individual is serving a sentence or under felony probation or parole.
Firearm possession is also prohibited for convicted felons, making it illegal to buy, own, or use guns. Restoring these rights often requires formal legal procedures like clemency or pardon.
Jury service is typically off-limits for felons during their conviction status. These restrictions can last for many years, impacting civic participation and personal freedoms.
