Grand Theft Crimes in Florida
The classification of theft crimes depends on the value of the property stolen or, in some cases, the type of property taken, how it was stolen, or where it was stolen.
What is the difference between petit theft and grand theft? The Florida legislature raised the threshold that elevated petit theft crimes to grand theft crimes from $300 to $750.
So, if the value of the item stolen is less than $100, the crime is charged as petit theft in the second degree. If the value of the item stolen is between $100 and $750, the crime is charged as petit theft in the first degree. If the item’s value is $750 or more, the crime can be charged as Grand Theft, a third-degree felony.
For a first offense of grand theft, the prosecutor might consider dropping the charges after any restitution is paid. Alternatively, the prosecutor might offer a felony diversion program (called the pre-trial intervention program) so that the charges are dropped after completing community service and other special conditions.
In more serious cases, the prosecutor might seek a “conviction” so that the record can never be sealed or expunged. Of course, the prosecutor might seek prison time for the most serious cases, especially if the prior criminal record shows a pattern of theft crimes.
Attorney for Grand Theft Crimes in Tampa, FL
If you were arrested for Grand Theft in Hillsborough County, FL, contact an experienced criminal defense attorney at Sammis Law Firm, P.A., to discuss your case. Grand theft is a felony offense often known as grand larceny in other jurisdictions.
The attorneys at Sammis Law Firm represent clients charged with grand theft, which is a first-degree felony, a second-degree felony, or a third-degree felony.
We can help you protect your rights at each stage of the investigation or prosecution. Contact us to talk with an experienced criminal defense attorney about the facts of your case today.
Call 813-250-0500.
Penalties for Grand Theft Crimes in Florida
Under Florida law, the degree of the charge and the penalties involved depend on the value of the item taken. The main difference between petty theft, charged as a misdemeanor, and grand theft, charged as a felony, is the value of the property taken.
In some cases, the degree of the crime and the punishment to be imposed depends on the type of property stolen or the surrounding circumstances. Additionally, a petit theft charge can be upgraded to felony petit theft if the person has at least two prior convictions for theft offenses.
Grand Theft in the Third Degree in Florida
If the property’s value is more than $750 but less than $20,000.00, the offense will be classified as grand theft in the third degree, punishable by a maximum sentence of five (5) years in Florida State Prison and a $5,000.00 fine.
Even if the value of the property is less than $300, the offense may still be a third-degree felony if the item stolen is:
- a gun, rifle, or firearm;
- a motor vehicle;
- a fire extinguisher;
- a stop sign or another type of traffic control device;
- any controlled substance as defined in s. 893.02;
- anhydrous ammonia;
- a commercially farmed animal (including any animal of the equine, bovine, or swine class or other grazing animal;
- a bee colony of a registered beekeeper;
- aquaculture species raised at a certified aquaculture facility (a minimum mandatory fine of $10,000 will be imposed if the property stolen is aquaculture species raised at a certified aquaculture facility);
- any property taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d); or
- 2,000 or more individual pieces of citrus fruit.
Grand Theft in the Second Degree
The offense is classified as a Grand Theft in the Second Degree if the property’s value is more than $20,000 but less than $100,000.00.
Under Florida law, Second-Degree Felony grand theft is punishable by a maximum sentence of 15 years in Florida State Prison and a fine of up to $10,000.00.
Even if the value of the property is less than $20,00, the offense may still be a second-degree felony if the item stolen is:
- Law enforcement equipment, valued at $300 or more, is taken from an authorized emergency vehicle, as defined in s. 316.003;
- Emergency medical equipment valued at $300 or more that is taken from a facility licensed under Chapter 395 or from an aircraft or vehicle permitted under Chapter 401; or
- Cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;
Grand Theft of the Second Degree in Florida is a second-degree felony with a maximum statutory penalty of up to fifteen (15) years in prison, fifteen (15) years on probation, and/or a fine of $10,000.
Grand Theft in the First Degree
If the value of the property stolen is $100,000 or more, then the offense is classified as Grand Theft in the First Degree. Under Florida law, a First-Degree Felony grand theft is punishable by a maximum sentence of 30 years in Florida State Prison and a fine of up to $10,000.00.
Even if the value of the property is less than $100,00, the offense may still be a first-degree felony if the crime is charged as a “smash and grab” theft under Section 812.014(2)(a)3.a., F.S. Smash and grab theft occurs when a person commits the crime of grand theft, and in the course of committing the grand theft, the person:
- uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the grand theft; and
- thereby damaging the real property of another.
A theft might also be classified as grand theft in the first degree if it involves:
- a semitrailer that was deployed by a law enforcement officer; or
- cargo valued at $50,000 or more that has entered the interstate or intrastate commerce stream from the shipper’s loading platform to the consignee’s receiving dock.
Grand Theft of the First Degree is a first-degree felony in Florida, with a maximum statutory penalty of up to thirty (30) years in prison, thirty (30) years on probation, and/or a fine of $10,000.
Read more about the penalties for grand theft auto in Florida.
Theft of Property Taken from a Dwelling or Enclosed Curtilage
Effective October 1, 2024, the Florida legislature passed 2024 CS/HB 549, which reduced the minimum threshold amount for grand theft of third degree and created various new grand theft offenses.
It is grand theft of the third degree and a felony of the third degree if the property stolen is valued at $750
or more and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling under s. 810.09(1).
It is grand theft of the second degree and a felony of the second degree if the property stolen is taken from more than 20 dwellings as defined in s. 810.011(2) or from the unenclosed curtilage of more than 20 dwellings under s. 810.09(1), or any combination thereof.
It is petit theft of the first degree and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the property stolen is valued at less than $40 and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling under s. 810.09(1).
A person who commits a theft and has previously been convicted of any theft, the new crime can be charged as a felony of the third degree.
A person who a theft, and who was previously convicted two or more times of any theft commits a felony of the third degree.
Additional Resources
Florida Statutes for Grand Theft in Section 812.014 – Visit the website of the Florida Senate to find the statute for grand theft and related crimes such as fraud, engaging in a scheme to defraud, robbery, and burglary found in Title XLVI, Chapter 812. The theft statute explains the penalties and punishments for grand theft crimes depending on the property’s value, the way the crime was committed, or the type of property stolen.
Finding a Lawyer for Grand Theft in Hillsborough County, FL
If you were charged with grand theft in Tampa, Hillsborough County, FL, call an experienced criminal defense attorney at Sammis Law Firm, P.A., to discuss your case.
We work hard to protect you against a criminal allegation of felony theft. This criminal of dishonesty comes with serious direct and collateral consequences that can last a lifetime.
Our criminal defense attorneys in Tampa, FL, also represent clients for crimes such as fraud, engaging in a scheme to defraud, or dealing in stolen property.
We represent clients for a wide variety of misdemeanor and felony theft cases throughout Tampa and Plant City in Hillsborough County, Clearwater and St. Petersburg in Pinellas County, Lakeland and Bartow in Polk County, New Port Richey and Dade City in Pasco County, and Bradenton in Manatee County, FL.
Contact us to discuss your case today.
Call 813-250-0500.
This article was last updated on Wednesday, October 2, 2024.
