FAQs About Petty Theft in Florida

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, petit (petty) theft is a serious criminal offense. Even though it is commonly viewed as “not that serious,” petit theft can carry significant penalties if someone is found guilty, including jail or even prison time and hefty fines.

When it comes to discussions about petit theft, there are common misunderstandings about what it is and the differences between petit and grand theft. This blog will answer frequently asked questions about petit theft in Florida.

#1 – What is petit theft in Florida?

Under Fla. Stat. 812.014(3)(a), petit theft is any theft that is not classified as grand theft. It is generally seen as “less serious” than grand theft charges. 

It involves unauthorized temporary or permanent taking (or an attempt to do so) of the property of another, without the owner’s consent, of a value or nature that does not rise to the level of grand theft.

#2 – What elements must the State prove for a conviction? 

For someone to be convicted of theft, the State must prove all the following beyond a reasonable doubt:

• The defendant knowingly and unlawfully obtained or used (or attempted to obtain or use) the property of another 
• The defendant had the intent at the time to deprive the victim of the property, or misappropriate the property for their own use (or use of another) permanently or temporarily
• The theft of the property in question did not rise to the level of grand theft

The State must prove the value of the property corresponds to the degree of theft they are charging. Otherwise, the charge must be reduced to second-degree misdemeanor petit theft as a matter of law. Rosario-Santos v. State, 223 So.3d 306 (Fla. 4th DCA 2017).

#3 – What does all that legal jargon actually mean?

A person is said to “obtain or use” property when they take, transfer, or otherwise exercise control over it. Fla. Stat. 812.012 also defines “deprive” as to withhold property temporarily or permanently from its rightful owner or possessor. 

“Property” is considered any tangible or intangible item with value. This may include physical items like televisions, cars and jewelry, or non-physical items like someone’s stock portfolio, patents or trade secrets.

#4 – Is petit theft a felony or a misdemeanor?

Petit theft is usually a misdemeanor in Florida, but not always. Under Fla. Stat. 812.014, the following punishment scheme exists for petit theft:

• If the property was valued and less than $40 and taken from a dwelling (e.g. a home), petit theft is a first-degree misdemeanor (up to 1 year in jail, 1 year of probation, and a $1,000 fine)
• If the value of the property is under $100 and no enhancements apply, petit theft is a second-degree misdemeanor (up to 60 days in jail and a $500 fine)
• If the value of the property is between $100 and $750 and no enhancements apply, petit theft is a first-degree misdemeanor 
• If someone has one previous theft conviction (of any degree) and commits a petit theft, petit theft is a first-degree misdemeanor 
• If someone is found guilty of petit theft and has two or more prior theft convictions (of any degree), petit theft is a third-degree felony (up to 5 years in prison, 5 years of probation and a $5,000 fine)

#5 – Is shoplifting the same thing as petit theft?

Essentially, yes. If someone “shoplifts” property that is worth under $750, they have committed petit theft. This is the case unless in the process, they have shoplifted an item (e.g. a firearm) that triggers Florida’s grand theft law. Shoplifting is simply a form of petit theft (and rarely, grand theft, if the property stolen triggers heavier charges).

#6 – What if I took someone’s property by accident?

An accidental taking (e.g. you confused someone else’s backpack for your own) is a defense to petit theft charges. The taking or attempted taking must be knowing and deliberate – someone must recognize their lack of ownership of the property and attempt to deprive it from another. 

If someone genuinely believed the property was their own, it is not criminal theft. However, if someone chooses to keep the property after realizing it isn’t theirs, they may still face charges.

#7 – What’s the difference between grand theft and petit theft?

The typical difference between grand and petit theft is the value of the property. Grand theft charges are typically triggered if the value of the property is over $750 – petit theft occurs when the property value is under $750 (with certain exceptions, such as theft of firearms).

Moreover, grand theft is a felony. Petit theft is normally charged as a second or first-degree misdemeanor, but can occasionally be upgraded to felony charges (e.g. if someone found guilty has two or more prior theft convictions).

Though these are the key distinctions, there are other differences between grand theft and petit theft that are important to understand. For a comprehensive breakdown on this, click here.  

#8 – What if I was going to give the property back?

This does not matter for purposes of the charge. If someone intentionally deprives another of their property temporarily or permanently without consent, this is considered theft. Even if someone brings the property back of their own free will or was “going to give it back” when they were caught, they are still guilty of an unlawful taking.

#9 – Can a petit theft conviction have employment or immigration consequences?

Yes, it can. As theft of any kind (including petit theft) is considered a crime of dishonesty, this may have consequences for someone’s employment or immigration status even if they are only found guilty of a misdemeanor. Employers, landlords, and immigration authorities take theft convictions very seriously.

#10 – What if I was borrowing the property?

The key question is the owner’s consent. For example, if someone “borrowed” their neighbor’s lawnmower after the neighbor gave them permission to use it, this could be used as a defense to theft charges.

However, if someone simply takes the liberty of “borrowing” another person’s property without their knowledge or consent, this does not serve as a defense to theft. Even a temporary taking of another’s property is considered illegal without consent of the owner.

#11 – What items can be worth under $750 and not be considered petit theft?

This is a key question, as sometimes the property in question is worth under $750 – yet someone still faces grand theft rather than petit theft charges. According to Fla. Stat. 812.014, items that automatically trigger grand theft charges include:

• A firearm
• A motor vehicle (of any value)
• A fire extinguisher that at the time was installed in a building for the purpose of fire prevention and control (not taken from the inventory at a point-of-sale business)
• 2,000 or more individual pieces of citrus fruit
• Any item taken from a designated construction site identified by proper signage
• Any stop sign
• Anhydrous ammonia
• Any amount of a controlled substance

#12 – What if I tried to take the property but failed?

Florida’s theft law doesn’t distinguish between actually taking the property, and attempting but failing to do so. As Fla. Stat. 812.014 criminalizes “endeavoring” to commit theft, someone can be charged with theft and convicted even if the taking was never completed. Bell v. State, 382 So.2d 107 (Fla. 5th DCA 1980)

Examples of attempted theft that are viewed as the same as actual theft for purposes of charging include:

• A man at a crowded festival tries to grab a wallet out of someone’s pocket, but the person slaps their arm away before they can grab it
• A woman in a store puts earrings in her purse and heads for the door, but is stopped and searched before she can escape
• A teenager reaches to grab cash out of an open register at a store – just before his hand actually grabs the cash, the clerk slams the register shut

However, there must be actual movement towards committing the theft (an overt act). Merely thinking of committing a theft or planning it, without more, is not theft. Miles v. State, 374 So.2d 1167 (Fla. 2d. DCA 1979)

#13 – What are the defenses to petit theft?

There are many valid defenses to a petit theft charge, one or more of which may apply depending on the facts of a case. These include:

• Lack of intent/mistake of fact (e.g. picking up the purse you thought was yours, realizing it wasn’t, then returning it)
• Ownership/rightful possession (e.g. taking back a gaming console from a friend that you let them “borrow”)
• Consent from the property owner 
• Abandonment/no value (e.g. picking up trash on the curb)
• Duress or coercion: If someone was forced or threatened into taking the property and had a reasonable fear of serious harm, this can serve as a defense. Jenks v. State, 582 So. 2d 676 (Fla. 1st DCA 1991)
• Procedural defenses (moving to suppress a defendant’s post-arrest statements, moving to keep out illegally obtained evidence under Wong Sun’s “fruit of the poisonous tree” doctrine, etc.)
• Value disputes: Not a total defense, but can significantly reduce charges if the State cannot establish the value of the property alleged.
• Mistaken identity/alibi: Especially potent if there is no evidence tying the defendant to the scene and records indicate the defendant’s presence somewhere else (e.g. GPS or phone data)
• Entrapment (if law enforcement induced a non-predisposed defendant to commit the act)
• Involuntary intoxication (but not voluntary intoxication, which cannot be used as a defense in Florida)

In sum, petit theft is a serious offense in Florida that is often misunderstood. By learning the answers to these FAQs, someone will know much more about petit theft if they or a loved one are ever involved in a petit theft case in Florida.

If someone is arrested and formally charged in Florida in a case involving petit theft, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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