When Does Petty Theft Become a Felony?
Theft can range from minor shoplifting incidents to intricate financial crimes involving millions of dollars. In the state of Florida, theft laws are structured to distinguish between different types of theft based on factors such as the value of the stolen property, the circumstances of the offense, and the offender’s criminal history.
One of the most significant distinctions within Florida’s theft statutes is between petty theft (also called petit theft) and felony theft, or grand theft. This distinction has serious implications for those accused of theft and can determine whether they face a misdemeanor or felony charge, and with it, vastly different legal consequences.
Understanding the differences between petty theft and felony charges is crucial for those facing the implications of theft. At Venessa Bornost, P.A. in Dunedin, Florida, I’m dedicated to helping those facing criminal charges. Here, we’ll discuss key differences in theft charges and the severity behind them.
What Is Petty Theft?
Petty theft in Florida typically refers to the theft of property valued at less than $750. It’s divided into two degrees based on the value of the stolen property and the offender's prior criminal history:
First-Degree Petit Theft
According to Florida Statute § 812.014(2)(e), petit theft is a first-degree misdemeanor if the stolen property is valued between $100 and $750, and the theft didn’t involve specific aggravating factors (such as taking from a dwelling or emergency vehicle).
Penalties for first-degree petit theft include up to one year in jail, up to one year of probation, and a fine of up to $1,000.
Second-Degree Petit Theft
A second-degree misdemeanor occurs when the stolen property is valued at less than $100. Penalties for second-degree petit theft include up to 60 days in jail, up to 6 months of probation, and a fine of up to $500.
Prior Convictions and Escalation
If the defendant has prior theft convictions, even a relatively minor theft can be enhanced to a felony charge:
One prior conviction: Petit theft may still be charged as a misdemeanor but may carry enhanced penalties.
Two or more prior theft convictions: The offense may be charged as a third-degree felony, regardless of the value of the stolen property.
This escalation underlines how a criminal history can transform what would otherwise be a minor offense into a much more serious charge.
What Is Felony Theft (Grand Theft)?
Grand theft is the term used in Florida for felony-level theft offenses. Florida Statute § 812.014 defines several degrees of grand theft, based primarily on the value and nature of the stolen property.
Third-Degree Felony Grand Theft
This is the least severe felony theft charge. It involves property valued at $750 or more but less than $20,000. It also applies to the theft of a firearm, motor vehicle, stop sign, commercially farmed animal, or fire extinguisher.
Additionally, any amount of property over $100 taken from a dwelling, or certain controlled substances or medical equipment, can result in this charge. Penalties for third-degree felony grand theft include up to 5 years in prison, up to 5 years of probation, and a fine of up to $5,000.
Second-Degree Felony Grand Theft
This charge applies if the stolen property is valued at $20,000 or more but less than $100,000. It also includes the theft of certain emergency medical or law enforcement equipment valued at $300 or more. Penalties for second-degree felony grand theft include up to 15 years in prison, up to 15 years of probation, and a fine of up to $10,000.
First-Degree Felony Grand Theft
This is the most serious theft offense in Florida. It applies to property valued at $100,000 or more, or theft that causes over $1,000 in property damage. It also applies to theft during a declared state of emergency involving emergency equipment or services.
Penalties for first-degree felony grand theft include up to 30 years in prison, up to 30 years of probation, and a fine of up to $10,000.
Factors That Elevate Petty Theft to a Felony in Florida
The monetary value of the stolen item(s) is the most significant factor in determining whether theft is charged as a misdemeanor or a felony.
For instance, stealing property valued at less than $100 is typically considered a second-degree misdemeanor (petit theft), while items valued between $100 and $749 constitute a first-degree misdemeanor (petit theft). However, if the stolen property is valued at $750 or more, the charge automatically escalates to a felony (grand theft).
Beyond monetary value, prior theft convictions can significantly impact the severity of the charge. Individuals with two or more previous theft convictions may face felony charges, even for stealing items of minimal value, such as a candy bar.
Furthermore, the type of property stolen can elevate the charge to a felony regardless of its value. The theft of specific items, including firearms, vehicles, stop signs, controlled substances, or emergency medical/law enforcement equipment, is automatically classified as felony grand theft.
Additionally, if property is stolen from inside a dwelling, it can be considered a felony, even if its value is over $100.
The location of the theft also plays a crucial role in determining its seriousness. Stealing from a dwelling (home) or an emergency facility is viewed as more severe, as courts consider theft from residences or essential services to be particularly intrusive or harmful.
Finally, the context of a declared state of emergency can lead to an automatic first-degree felony charge. During hurricanes or natural disasters, Florida often declares a state of emergency, and if theft occurs in such a situation, especially involving emergency equipment or materials, it can be charged as a first-degree felony regardless of the item's value.
Defenses to Theft Charges in Florida
Being charged with theft doesn’t automatically mean a conviction will follow. There are a variety of defenses available to those facing theft charges in Florida, depending on the circumstances:
Lack of intent: The state must prove the accused intended to deprive the rightful owner of their property. If someone took an item by accident or genuinely believed it belonged to them, this could negate the required intent.
Mistaken identity: In shoplifting cases or incidents involving security footage, a defendant might argue that they were incorrectly identified.
Ownership or right to possession: If the accused had a claim of ownership or lawful possession of the property, this can serve as a defense to theft.
Entrapment: If law enforcement encouraged or coerced someone into committing theft, the entrapment defense may apply.
Duress or coercion: If the accused was forced or threatened into committing the theft, they may be able to claim duress.
Return of property: While returning stolen property doesn’t erase the crime, it can sometimes reduce the severity of the charge or demonstrate remorse.
If you're facing theft charges, remember that a strong defense is possible, and understanding these potential defenses can be crucial for working through the legal process effectively.
Consequences of a Felony Theft Conviction
A felony conviction in Florida can lead to life-altering consequences such as prison time, loss of civil rights (including voting and firearm ownership), difficulty securing employment or housing, immigration consequences for non-citizens, restitution payments to victims, and the loss of professional licenses.
Given these severe implications, many defendants strive to negotiate a plea deal or pursue pre-trial diversion programs to avoid a permanent felony record.
In Florida, the difference between petty theft and felony theft lies primarily in the value of the property stolen, but it can also hinge on other aggravating factors like prior convictions, the type of property, and where and how the theft occurred. While petty theft is generally treated as a misdemeanor, certain situations can push the charge into felony territory.
Consult With a Defense Attorney
Understanding these distinctions is crucial for anyone facing petty theft charges in Florida or for those who want to avoid inadvertently escalating a minor offense into a felony. To consult with a qualified criminal defense attorney, contact me, Venessa Bornost, today. I serve clients in Hillsborough County and Pasco County, Florida. Reach out to me today.