What is Third-Degree Felony Grand Theft in Florida?

May 21, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

In Florida, grand theft is a very serious felony offense. Depending on the value of the items stolen, grand theft is punishable by between 5 and 30 years in prison. 

Third-degree felony grand theft is the least serious form of grand theft under Florida law, and occurs when the misappropriate property in question was worth between $750 and $20,000. This article will discuss third-degree felony grand theft, possible penalties if convicted, and potential defenses to this charge.

Grand theft is illegal in Florida under Fla. Stat. Section 812.014. According to the statute, for someone to be convicted of third-degree grand theft, the following must be proven beyond a reasonable doubt:

• The defendant knowingly and unlawfully obtained, used, or endeavored to obtain or use the property of the alleged victim
• The defendant did so with the intent to either temporarily or permanently deprive the victim of their right to the property or any benefit from it, or;
• Appropriate the property of the victim to the defendant’s own use, or the use of any other person not entitled to it

For someone to be found guilty of grand theft in the third degree, the jury must make the additional finding that the property that was unlawfully obtained, used, or endeavored to be obtained or used was worth between $750 and $20,000 at the time, or was one of the following:

• A firearm
• A motor vehicle
• Commercially farmed animals
• A fire extinguisher
• Any amount of a controlled substance
• Property between $100 and $750 if taken from a dwelling 
• Stop signs, anhydrous ammonia, or certain construction signs

A dwelling is defined as a building of any kind, which has a roof over it and is designed to be occupied by people lodging within it at night, together with the enclosed space of ground and outbuildings immediately surrounding it. Dubose v. State, 210 So. 3d 641 (Fla. 2017).

Important: “Endeavor” is defined as attempting or trying to commit a prohibited act. If the State proves the intent to deprive through the actions of the defendant, even if that act is ultimately unsuccessful, Fla. Stat. Section 812.014 is still violated.

Grand theft in the third degree is a third-degree felony in Florida, This is punishable by up to 5 years in prison and a $5,000 fine.

When grand theft is charged, the value of the stolen property is a critical element that must be proven beyond a reasonable doubt in a grand theft case. Under Fla. Stat. Section 812.10(10), “value” is defined as one of the following:

• The market value of the property at the time and place of the offense
• If this cannot be satisfactorily ascertained, the cost of the replacement of the property within a reasonable time after the alleged offense

The market value of the item or items is usually determined through evidence such as the original purchase price, typical depreciation rate of the item’s value, manner of use, and the condition and quality of the property. Carter v. State, 238 So.3d 362 (Fla. 1st DCA 2017) 

Various defenses exist to grand theft under Florida law, including third-degree grand theft. The most notable of these is if the defendant had an honest, good faith belief that they had the right to possess the property of the alleged victim.

If the jury has a reasonable doubt about whether the defendant had an honest and good faith belief as to their right to possess the property, the defendant should be acquitted. This is the case even if the honest, good faith belief may have been unreasonable or mistaken. Cliff Berry, Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012).

Other defenses to third-degree felony grand theft include:

• Lack of intent to deprive the owner of their property
• The owner consented to the taking of their property 
• Co-ownership or valid claim to the property
• Mistaken identity
• Entrapment, if law enforcement induced the defendant to commit the theft and the defendant was not predisposed to do so
• Violations of constitutional rights, which could lead to key evidence being suppressed 

In sum, third-degree felony grand theft is a serious crime in Florida. It involves the knowing and unlawful deprivation or attempted deprivation of any property from an alleged victim worth between $750 and $20,000, or of certain other items listed in Fla. Stat. Section 812.014, such as fire extinguishers and farm animals. 

The value of the stolen property must be proven beyond a reasonable doubt, typically through evidence of market value or replacement costs. Despite someone facing up to five years in prison if convicted, many defenses exist to third-degree felony grand theft, making it important to find an experienced and aggressive defense attorney as soon as possible.

If someone is concerned about a grand 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 a lengthy prison term and hefty fines.

Theft Crime 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 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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