Grand Theft vs. Petty Theft in Florida: What to Know

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft and petit (petty) theft are two separate but distinct offenses. The difference between them lies primarily in how they are punished and the value of the property required to be stolen (Fla. Stat. Section 812.014). 

However, in some circumstances, most people may believe they are committing petit theft – but this is actually grand theft punishable by many years in prison. This blog will discuss elements, penalties, and potential defenses to grand and petit theft in Florida.

For someone to be proven guilty of grand or petit theft, the State must establish all of the following elements beyond a reasonable doubt:

• The defendant knowingly and unlawfully took or used (or attempted to take or use) property of another
• The defendant had the intent to deprive the other person of the property, or appropriate it for the defendant’s own use (or the use of another) temporarily or permanently

Critically, the State must affirmatively prove as an element of the crime that the value of the property at the time of the taking corresponds to the degree of theft they are charging. Otherwise, the charge must be reduced as a matter of law. Rosario–Santos v. State, 223 So.3d 306 (Fla. 4th DCA 2017). 

According to Fla. Stat. Section 812.012, a person “obtains or uses” property when they take, transfer or exercise control over it. The statute also defines “deprive” as to withhold property temporarily or permanently. “Property” is considered any tangible or intangible item with value.

The key difference between petit and grand theft charges lies in the value of the property that was allegedly stolen or misappropriated.

Under Fla. Stat. Section 812.014, if someone is found guilty of theft, they may face the following potential penalties:

• If the property is worth under $100, petit theft is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine. Moreover, someone may face up to a 6 month driver’s license suspension for their first offense.
• If the property is worth $100 or more but less than $750, petit theft is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.

Even if the value of the property is under $100, theft is considered a first-degree misdemeanor under Florida’s law if the following occurs:

• The value of the property is less than $40 and was stolen from a home or one of its unclosed areas (such as a porch)
• The value of the property is less than $100 but the person charged has one prior theft conviction

In rare cases, petit theft can become a felony.

Even though petit theft is typically classified as a misdemeanor and grand theft is a felony, certain cases may result in a petit theft being charged as a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine). These include:

• The defendant has two or more prior petit theft convictions (and the value of the property in this case is under $750)
• The defendant steals a firearm worth under $750 (considered grand theft regardless of the value of the firearm)

In contrast to petit theft, grand theft is invariably a felony – and involves the theft of property worth $750 or more (or a firearm of any value).

For grand theft to be considered a felony of the third-degree (up to 5 years in prison and a $5,000 fine), the following must be true:

• The property is valued at between $750 and $20,000 
• The property was a firearm (any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, any firearm muffler or silencer, the frame or receiver of a firearm, any destructive device, and any machine gun, but not an antique unless the antique has been used in a prior crime)
• Theft of a motor vehicle, will (or other testamentary instrument), or emergency or law enforcement equipment 
• Theft of property from a construction site
• Theft of any amount of a controlled substance
• Fire extinguishers, farm animals, stop signs, citrus fruit, and more

Important: Under Fla. Stat. Section 812.014, grand theft of property valued between $5,000 and $20,000 during any riot, aggravated riot or a state of emergency is a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine).

Grand theft is considered as a second-degree felony if the property of the value is between $20,000 and $100,000, or one of the following is true:

• Property valued between $5,000 and $20,000 during a riot or state of emergency 
• Retail theft aggregating to $3,000 or more within a 120-day period or involving twenty or more items
• A second conviction for third-degree felony retail theft
• Theft by a group of 5 or more people (“theft rings”) where social media was used to solicit participants

Note: Under Fla. Stat. Section 775.084, habitual felony offenders may face up to 30 years in prison and a $10,000 fine if convicted of second-degree felony grand theft. The court may also impose a fine of up to double the victim’s loss.

The most serious form of grand theft is first-degree felony grand theft, punishable by up to 30 years in prison and a $10,000 fine.

First-degree felony grand theft occurs when any of the following occur:

• The value of the property is $100,000 or more
• Theft of cargo occurs that is worth that is over $50,000 in interstate or intrastate commerce
• Theft of a law enforcement semitrailer (regardless of value)
• Use of a motor vehicle as an instrument to the theft and causing $1,000+ in damage (such as driving a car through a window and causing $5,000 in damage, then looting a store)
• Theft during a riot, aggravated riot or declared state of emergency where the value of the property is worth above $20,000

For habitual felony offenders, a first-degree felony conviction carries a sentence of up to life in prison. 

Defenses to Theft Charges

If someone is charged with grand theft or petit theft in Florida, many legal defenses exist, one or more of which may apply depending on the facts of a case. These include:

• Lack of intent: No intent to steal (e.g. picking up someone else’s bag by accident at a restaurant who is seated behind you when your bag is similar)
• Owner’s consent: The owner gave the defendant consent to use the property, or the defendant believed they had given consent (e.g. using your neighbor’s lawnmower after he says you can borrow it “any time,” leading to a theft charge)
• Mistaken identity or alibi (especially if the only evidence of the defendant committing the alleged theft is grainy footage or unreliable eyewitness accounts)
• Duress or coercion (e.g. someone telling you to take someone’s wallet, or else they will kill you)
• Objective entrapment: Police conduct that is so egregious, it violates the due process rights of the defendant and contaminates the legal proceedings against them. Dippolito v. State, 275 So.3d 653 (Fla 4th DCA 2019). 
• Subjective entrapment (Fla. Stat. Section 777.201): Defendant proves by a preponderance of the evidence that law enforcement induced them to commit the offense. If established, the State must prove beyond a reasonable doubt that the defendant was predisposed to act criminally. Munoz v. State, 629 So. 2d 90 (Fla. 1993).
• Claim of right/ownership: Genuinely believing you were an owner or co-owner of the property – honest and good-faith (e.g. lending your roommate a gaming console for “a month,” then taking it back, leading him to report it stolen)
• Procedural defenses: Challenging violations of the defendant’s Miranda rights, filing motions to suppress, etc.
• Challenging the value of the property (not a total defense, but State must prove this beyond a reasonable doubt)

However, there are various “non-defenses” to grand and petit theft in Florida, which will fail to defeat the charge. These include:

• “They owed me”: Even if someone is in debt to another, the creditor cannot arbitrarily deprive them of their property as “repayment”
• “I was going to give it back”: Even a temporary taking (if intentional and violative of the statute) constitutes theft
• “They can afford it/it wasn’t that valuable”: The net worth of the victim does not matter
• “I was drunk/high”: Under Fla. Stat. Section 775.051, voluntary intoxication is not a defense in Florida. 
• “I didn’t leave the store yet”: Even if someone has not physically left a store, intent to steal and control of the item is theft (e.g. if someone hides an item in their bag and is caught as they are leaving the store, this is still theft)

In sum, grand theft and petit theft are similar but distinct offenses in Florida. Petit theft occurs when the property stolen is worth under $750 – unless this is a firearm, emergency medical equipment, or various other items. Petit theft also becomes felony theft when the person has two or more prior theft convictions, even if the value of the property allegedly stolen is under $750.

Grand (felony) theft occurs when the value of the property is over $750 (or a firearm). The degree of felony grand theft charged depends not just on the value of the property, but on many aggravating factors (including prior convictions, whether this occurred during a riot, whether the property belonged to law enforcement or was used commercially, and more).

Defenses to grand theft and petit theft include lack of evidence, entrapment, mistaken identity, challenging the value of the property, mistake of ownership, claim of right, and more. One or more of these may apply depending on the facts of a case.

If someone is concerned about a petit theft case, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to incarceration 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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