Understanding Felony Theft and Its Consequences Under Florida Law

Florida law categorizes theft offenses based on the value of the stolen property and other factors that can elevate charges. When theft surpasses a certain value or involves specific circumstances, it can be charged as felony theft, which carries serious penalties, including prison time and a permanent criminal record. If you have been accused of felony theft, understanding the law and the possible defenses can make a difference in the outcome of your case.

How Florida Defines Theft

Theft in Florida is defined under Florida Statutes § 812.014 as knowingly taking or using someone else’s property with the intent to permanently or temporarily deprive the owner of their right to it.

Florida law distinguishes between petit theft (a misdemeanor) and grand theft (a felony) based on the value of the stolen property and other aggravating factors.

What Makes Theft a Felony in Florida?

Theft becomes a felony when the value of the stolen property meets a certain threshold or if the theft involves specific items or circumstances. The state recognizes three degrees of felony theft:

Third-Degree Felony Theft

Under Florida Statutes § 812.014(2)(c), theft is classified as a third-degree felony if:

  • The value of the stolen property is $750 or more but less than $20,000.
  • The stolen item is a firearm, motor vehicle, fire extinguisher, stop sign, or certain controlled substances.
  • The theft involves law enforcement or emergency medical equipment valued at $300 or more.
  • The stolen property is taken from a dwelling and valued between $100 and $750.

A third-degree felony theft conviction can result in up to 5 years in prison, 5 years of probation, and a $5,000 fine.

Second-Degree Felony Theft

Under Florida Statutes § 812.014(2)(b), theft is considered a second-degree felony if:

  • The value of the stolen property is $20,000 or more but less than $100,000.
  • The theft involves cargo in transit valued at less than $50,000.
  • The stolen item is emergency medical or law enforcement equipment valued at $300 or more.

A second-degree felony carries a penalty of up to 15 years in prison, 15 years of probation, and a $10,000 fine.

First-Degree Felony Theft

Under Florida Statutes § 812.014(2)(a), theft is classified as a first-degree felony if:

  • The value of the stolen property is $100,000 or more.
  • The theft involves cargo in transit valued at $50,000 or more.
  • The theft causes $1,000 or more in damage to personal property.
  • The theft involves using a vehicle (other than as a getaway car) to assist in committing the crime.

A first-degree felony theft conviction can lead to up to 30 years in prison and a $10,000 fine.

Common Scenarios Leading to Felony Theft Charges

Felony theft cases can arise in many ways. Some common scenarios that can result in felony charges include:

Retail Theft (Shoplifting) Over $750

If an individual is caught stealing from a store and the value of the merchandise is $750 or more, the charge escalates from petit theft to grand theft.

Employee Theft

Theft committed by employees is often prosecuted as felony theft, especially when it involves large sums of money or company property valued over $750.

Car Theft

Stealing a motor vehicle, regardless of its value, is considered grand theft auto and is automatically a felony under Florida Statutes § 812.014.

Burglary-Related Theft

Taking property from a dwelling or business during a burglary can increase the severity of the charges. If the stolen property is worth at least $100, it can qualify as felony theft.

Credit Card Fraud and Identity Theft

If credit card fraud or identity theft leads to the theft of property valued at $750 or more, it can be charged as felony theft.

Legal Defenses Against Felony Theft Charges

Being charged with felony theft does not automatically mean a conviction. There are several defenses that can challenge the prosecution’s case and protect your rights.

Lack of Intent to Steal

The prosecution must prove that you intended to permanently or temporarily deprive the owner of the property. If there was a misunderstanding, or if you believed you had a right to the property, intent may be difficult to establish.

Mistaken Identity

Many theft cases rely on surveillance footage or witness testimony, both of which can be unreliable. If you were misidentified, we can challenge the evidence used against you.

Consent from the Owner

If the property owner allowed you to take or use the item, it is not considered theft. Demonstrating that you had permission can lead to dismissed charges.

Insufficient Evidence

The prosecution must prove each element of the charge beyond a reasonable doubt. If there is a lack of credible evidence, the case against you may not hold up in court.

Coerced Confession

If law enforcement obtained a confession through intimidation or without advising you of your rights, that confession may be inadmissible in court.

The Consequences of a Felony Theft Conviction

A felony theft conviction carries more than just jail time and fines. The long-term consequences can have a lasting impact on your life.

  • Criminal Record: A felony conviction stays on your record permanently, making it difficult to find employment or housing.
  • Loss of Civil Rights: A felony conviction can result in the loss of gun rights, voting rights, and the ability to serve on a jury.
  • Immigration Consequences: Non-citizens convicted of felony theft may face deportation or visa denials.
  • Professional Licensing Issues: Felony convictions can result in the suspension or revocation of professional licenses.

Florida Felony Theft FAQs

What is the difference between petit theft and grand theft in Florida?
Petit theft applies to property valued under $750, while grand theft is charged when the stolen property is worth $750 or more. Grand theft is a felony and carries significantly harsher penalties.

Can I be charged with felony theft for shoplifting?
Yes, if the value of the stolen items is $750 or more, shoplifting can be charged as grand theft, which is a felony offense under Florida law.

How can I fight a felony theft charge in Florida?
Defenses include lack of intent, mistaken identity, insufficient evidence, and consent from the owner. A strong legal strategy can challenge the prosecution’s case and potentially lead to reduced charges or dismissal.

Will a felony theft conviction stay on my record forever?
Yes, felony convictions in Florida do not automatically get removed. However, under limited circumstances, post-conviction relief or clemency may be possible.

What should I do if I’m arrested for felony theft in Florida?
Remain silent and do not speak to law enforcement without an attorney. Anything you say can be used against you. Contact a defense lawyer immediately to begin building your case.

Does paying for the stolen property make the charges go away?
Not necessarily. While restitution may help in sentencing negotiations, it does not automatically dismiss felony theft charges. Prosecutors can still pursue criminal penalties.

How does prior criminal history affect felony theft charges?
A prior criminal record can lead to enhanced penalties. Repeat offenders may face longer prison sentences and higher fines if convicted.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.