Charged With Theft in Florida? Why the Value of the Property Is Only Part of the Story
A theft accusation in Florida can look simple at first. Someone says property was taken, the police get involved, and suddenly you are facing a criminal charge.
But the value of the property is only one part of the analysis.
Florida law also looks at where the property was taken, what was taken, whether there were previous theft convictions, and whether several retail theft incidents can be combined under the law.
That means a theft allegation involving a relatively small amount of property can sometimes lead to a much more serious charge than people expect.
How Florida Decides Whether Theft Is a Misdemeanor or Felony
The starting point is Florida Statute §812.014.
For ordinary property, theft is generally classified according to its value:
- Property worth less than $100 is generally petit theft in the second degree, a second-degree misdemeanor.
- Property worth $100 to less than $750 is generally petit theft in the first degree, a first-degree misdemeanor.
- Property worth $750 to less than $20,000 generally falls within third-degree grand theft.
- Property worth $20,000 to less than $100,000 can be second-degree grand theft.
- Property worth $100,000 or more can be first-degree grand theft.
The statute contains additional classifications and exceptions, so the value alone does not always determine the charge.
A theft from a home can become a felony at $40
One of the most important exceptions involves a dwelling.
Under §812.014, property worth $40 or more but less than $750 can be classified as third-degree grand theft when it is taken from a dwelling or the unenclosed curtilage of a dwelling.
So a theft involving $45 worth of property inside a home is treated very differently from a typical $45 theft elsewhere.
The statute also provides special classifications for certain property regardless of its ordinary market value.
Some property is treated as grand theft based on what it is
Florida law specifically lists property such as:
- firearms;
- motor vehicles;
- wills and other testamentary instruments;
- certain commercially farmed animals;
- certain installed fire extinguishers;
- stop signs; and
- certain controlled substances.
For these categories, the usual $750 threshold does not necessarily apply.
That distinction can matter a great deal when evaluating a theft arrest.
Previous Theft Convictions Can Change the Charge
Florida also increases the consequences for repeat theft.
Under §812.014, a person who commits petit theft after a prior theft conviction can face a first-degree misdemeanor. A person with two or more prior theft convictions who commits petit theft can face a third-degree felony.
There are additional rules for theft from a dwelling, so the exact history and circumstances of the case matter.
This is one reason an attorney should look at the defendant’s complete record rather than evaluating the new allegation by itself.
Retail Theft Has Its Own Rules
Shoplifting and other retail theft allegations are governed not only by the general theft statute but also by Florida Statute §812.015.
That statute covers situations involving retail merchandise and contains several provisions that can turn coordinated or repeated retail theft into a felony.
Multiple incidents can be combined
Florida law allows certain retail thefts to be aggregated over a 120-day period.
For example, §812.015 provides felony treatment for circumstances involving coordinated retail theft, thefts from multiple locations, or certain repeated thefts where the combined value or number of items reaches the statutory threshold.
This is important because three separate incidents do not necessarily remain three completely separate legal events when the facts fall within one of the statute’s aggregation provisions.
The law also covers people who act together. Someone who helps coordinate a theft, distracts employees, or otherwise assists the group can potentially become part of a felony retail-theft case even when that person did not personally carry every item out of the store.
The exact charge depends on which subsection applies and the facts surrounding the incidents.
Store-security countermeasures can create a separate felony
Florida law separately prohibits possession or use of an antishoplifting or inventory-control device countermeasure inside a retail establishment.
The statute defines this broadly as a device or item designed, manufactured, modified, or altered to defeat an anti-shoplifting or inventory-control device. Possessing or using such a device in the prohibited circumstances is a third-degree felony.
A common example discussed in retail-theft cases is a bag or other device designed to interfere with store security systems.
A Theft Conviction Can Affect More Than Your Criminal Record
The immediate concern may be the charge, but a conviction can create other problems.
A theft conviction can appear on background checks and may become relevant to employment, licensing, housing, and other decisions. The specific consequences depend on the person, the job or license involved, and the applicable rules.
For a noncitizen, the situation can be even more complicated.
Theft Can Have Immigration Consequences
Federal immigration law treats certain crimes involving moral turpitude (CIMTs) differently from ordinary criminal offenses.
Under 8 U.S.C. §1227(a)(2)(A), a noncitizen can be deportable for a CIMT conviction committed within five years of admission when the offense carries a possible sentence of at least one year. A separate provision covers two or more CIMT convictions that do not arise from a single scheme of criminal misconduct.
The immigration analysis is highly fact-specific. The statutory offense, the conviction, the potential sentence, the actual sentence, and the person’s immigration history can all matter.
For that reason, a noncitizen should speak with both criminal-defense and immigration counsel before accepting a plea in a theft case.
What Does a Civil Demand Letter Mean?
A retailer may send a civil demand after an alleged theft.
Florida Statute §772.11 gives a person who was injured by certain theft-related conduct a civil cause of action and allows a written demand to be made before a civil lawsuit. If the recipient complies with the demand within 30 days, the statute provides for a written release from further civil liability for that specific act.
That is a civil remedy.
It should not be confused with a criminal case. Paying a civil demand does not, by itself, establish that a criminal prosecution has been dismissed or resolved.
A person who receives one should understand what kind of legal proceeding they are dealing with before agreeing to anything.
How a Theft Charge May Be Challenged
A theft case is not just about proving that property changed hands.
Under §812.014, the State must prove the elements of theft, including the required knowledge and intent.
Depending on the circumstances, the defense may examine questions such as:
- Was there proof that the defendant knowingly took or used the property?
- Can the State prove the required intent?
- Was the property correctly identified and valued?
- Did the defendant have a legitimate claim to the property?
- Were statements obtained lawfully?
- Is the evidence strong enough to support the charge?
- Does the person qualify for a diversion or other alternative resolution?
The value of the property can also become an important issue because the difference between $700 and $800, for example, can change the classification of an ordinary theft offense.
Do Not Assume the First Offer Is the Final Answer
A theft charge can range from a relatively minor misdemeanor to a serious felony.
The consequences can also change because of prior convictions, the location of the alleged theft, the type of property involved, multiple retail incidents, or a person’s immigration status.
Before accepting a plea or assuming that a case will disappear because the amount was small, it is worth having the facts reviewed by a defense attorney.
Facing a Theft Charge in Miami-Dade or Broward?
Albert Quirantes, Esq. represents clients facing theft allegations throughout Miami-Dade and Broward.
For a consultation, call (305) 644-1800.
Legal cases are fact-specific. This article is for general educational purposes and is not legal advice or a substitute for advice from an attorney familiar with your case.
