Grand theft in Florida occurs when someone unlawfully takes property valued at $750 or more. The state divides grand theft into three degrees based on the stolen property’s value, with penalties ranging from third-degree felonies (up to 5 years imprisonment) to first-degree felonies (up to 30 years for thefts exceeding $100,000).
How Does Florida Define Grand Theft?
Florida law categorizes theft based on monetary thresholds. Grand theft begins at $750, separating it from petit theft, which involves property valued under this amount. With a property crime rate of 17.7 per 1,000 residents as of 2025, Florida performs better than the national average of 19.6 per 1,000, though theft offenses remain a concern across the state.
The distinction matters because grand theft carries felony charges, creating permanent criminal records that affect employment, housing, and civil rights. Florida Statute 812.014 establishes these classifications, focusing primarily on the monetary value of stolen items or services.
What Are the Three Degrees of Grand Theft in Florida?
Florida separates grand theft into three severity levels, each with specific value ranges and corresponding penalties.
Third-Degree Grand Theft
Property valued between $750 and $20,000 constitutes third-degree grand theft. This classification also includes specific items regardless of value, such as firearms, motor vehicles, fire extinguishers, and certain agricultural products.
Conviction brings up to 5 years in prison, 5 years of probation, and fines reaching $5,000. Most first-time offenders face probation rather than incarceration, though circumstances vary.
Second-Degree Grand Theft
When stolen property values between $20,000 and $100,000, charges escalate to second-degree grand theft. This degree also applies to cargo valued at less than $50,000 or emergency medical equipment.
Penalties increase to 15 years imprisonment, 15 years probation, and fines up to $10,000. Courts typically impose harsher sentences at this level, particularly for repeat offenders.
First-Degree Grand Theft
Property exceeding $100,000 in value, cargo worth $50,000 or more, or theft causing property damage over $1,000 during the commission reaches first-degree status. This represents the most serious theft classification.
Sentences extend to 30 years in prison with corresponding probation periods and fines reaching $10,000. Judges rarely show leniency at this threshold, especially when organized crime or significant victim impact exists.
Which Types of Property Trigger Automatic Grand Theft Charges?
Certain items automatically qualify as grand theft regardless of their actual market value. Florida law recognizes that some property carries inherent importance beyond monetary assessment.
High-Risk Property Categories:
- Firearms and ammunition
- Motor vehicles (cars, motorcycles, boats)
- Fire extinguishers and safety equipment
- Stop signs and traffic control devices
- Agricultural products worth $300+ (livestock, crops, equipment)
- Construction materials from permitted sites
- Anhydrous ammonia (used in illegal drug manufacturing)
- Commercial farm animals
George Law frequently represents clients facing charges involving motor vehicle theft, where prosecutors pursue grand theft charges even when the vehicle’s value falls below typical thresholds. The rationale stems from public safety concerns and the disruption vehicle theft creates.
How Do Prosecutors Determine Property Value?
Courts use fair market value at the time of theft to establish charges. This represents the price a willing buyer would pay a willing seller in ordinary circumstances.
Prosecutors typically rely on several valuation methods:
| Valuation Method | When Used | Common Sources |
| Retail Replacement Cost | New or recent purchases | Store receipts, manufacturer pricing |
| Depreciated Value | Used items | Online marketplaces, dealer appraisals |
| Professional Appraisal | Jewelry, art, collectibles | Certified appraisers, auction records |
| Victim’s Purchase Price | Recent acquisitions | Sales receipts, bank statements |
Defense attorneys often challenge valuations, arguing for lower assessments that might reduce charge severity. A vehicle valued at $22,000 versus $19,500 determines whether charges reach second-degree or remain at third-degree levels.
What Happens When Multiple Items Are Stolen?
Florida law allows prosecutors to aggregate values from a single criminal episode. Taking five items worth $200 each during one burglary creates a $1,000 theft, qualifying as third-degree grand theft.
The “single criminal episode” concept extends to related incidents occurring within close time proximity. Someone stealing merchandise from the same store over several weeks might face aggregated charges if prosecutors demonstrate a continuous scheme.
This aggregation significantly impacts retail theft cases. Shoplifting incidents that individually appear minor can accumulate into serious felony charges when combined.
Can Grand Theft Charges Apply to Services or Utilities?
Theft extends beyond physical property to include services and utilities. Obtaining lodging, food, entertainment, or utilities through deception without paying constitutes theft when values exceed $750.
Common service theft scenarios include:
- Dining at restaurants without paying (check skipping)
- Staying at hotels beyond checkout without authorization
- Receiving contractor services without compensation
- Tampering with utility meters to avoid charges
- Using telecommunications services fraudulently
Service providers must demonstrate the defendant knowingly received services with intent to avoid payment. Mere inability to pay doesn’t create criminal liability unless deception existed from the start.
How Do Prior Convictions Affect Grand Theft Penalties?
Florida’s sentencing guidelines impose harsher consequences for repeat offenders. Previous theft convictions, even misdemeanors, influence sentencing within the statutory maximum.
Defendants with two or more prior theft convictions may receive mandatory minimum sentences. Courts consider the defendant’s entire criminal history, not just theft-related offenses, when determining appropriate punishment.
Habitual offender designations multiply potential sentences. Someone with qualifying prior felonies facing new grand theft charges might encounter enhanced penalties extending beyond standard maximums.
What Defenses Work Against Grand Theft Charges?
Several legal defenses can reduce or dismiss grand theft accusations. Success depends on specific case circumstances and available evidence.
Common Defense Strategies:
- Ownership or Right to Property: Demonstrating legitimate claim to the property negates unlawful taking
- Consent: Proving the owner authorized possession eliminates theft elements
- Mistake of Fact: Showing honest belief in ownership or authorization
- Valuation Disputes: Challenging prosecution’s property assessments to reduce charge severity
- Lack of Intent: Demonstrating absence of criminal intent during taking
George Law develops defense approaches based on evidence examination and prosecution weaknesses. When handling cases involving valuation disputes, establishing lower property values can mean the difference between felony and misdemeanor outcomes.
What Should You Do If Accused of Grand Theft?
Remaining silent protects your legal rights. Police statements often harm defendants more than helping, even when providing explanations seems beneficial.
Contact an attorney before answering investigative questions. Prosecutors build cases using defendant statements, making early legal representation critical. Understanding the costs and benefits of experienced criminal defense representation helps defendants make informed decisions about their legal strategy from the outset.
Avoid discussing the case with anyone except your attorney. Conversations with friends, family, or cellmates aren’t privileged and can become prosecution evidence.
Document everything related to the allegations. Receipts, communications, and timeline details help attorneys construct effective defenses. Memory fades quickly, making immediate documentation valuable.
How Long Do Grand Theft Charges Remain on Your Record?
Felony convictions create permanent criminal records in Florida unless sealed or expunged. Grand theft convictions appear on background checks indefinitely, affecting employment, housing, professional licensing, and firearm ownership rights.
Expungement eligibility requires case dismissal or acquittal. Sealed records require completion of sentences without additional offenses during waiting periods. Most grand theft convictions don’t qualify for sealing, making conviction avoidance critical.
Plea negotiations sometimes reduce charges to lesser offenses that qualify for future record relief. Discussing long-term consequences with your attorney before accepting plea agreements prevents permanent record damage when alternatives exist.
