The difference between a misdemeanor theft charge and a felony grand theft charge in Florida often comes down to a single number. Attorney Michael G. Salazar Jr. defends Fort Lauderdale clients facing grand theft charges, where the stakes are considerably higher than many people realize.
Where Florida Draws the Line
Under Florida Statute 812.014, theft of property valued at $750 or more is generally classified as grand theft, a felony. Property valued below that threshold is typically charged as petit theft, a misdemeanor. Certain items, including firearms and motor vehicles, are automatically charged as grand theft regardless of their actual value. A fort lauderdale grand theft lawyer examines exactly how the State is valuing the property in question, since that valuation often determines the entire trajectory of the case.
Penalties by Degree
Third-degree grand theft, involving property valued between $750 and $20,000, carries up to five years in prison or probation and a fine of up to $5,000. Second-degree grand theft, for property valued between $20,000 and $100,000, carries up to 15 years and a fine of up to $10,000. Penalties escalate further for higher-value property.
How Valuation Is Challenged
Because the value of the property drives the severity of the charge, how that value is established, and whether it can be challenged, is often central to a grand theft defense. Attorney Salazar reviews the State’s valuation evidence closely in every grand theft case.
What the State Must Prove
Beyond the value of the property, Florida’s grand theft statute requires the State to prove that a defendant knowingly obtained or used another person’s property with the specific intent to permanently or temporarily deprive the owner of it. Intent is not always straightforward to prove, and cases involving misunderstandings, disputes over ownership, or a genuine belief that property was abandoned or authorized for use can raise real questions about whether that intent existed.
Theft From a Dwelling Carries Its Own Rules
Florida law treats theft from a dwelling differently than theft elsewhere, with a lower value threshold, sometimes as little as $40, still qualifying as felony grand theft when the property is taken from inside a home or its immediate surrounding area. This distinction can significantly affect how a case is charged.
Restitution and Its Role in a Case
In grand theft cases, the question of restitution, meaning repayment to the alleged victim for the value of the property involved, often comes up during negotiations with the State Attorney’s Office. How restitution is addressed can sometimes influence the broader resolution of a case, and it is one of several factors Attorney Salazar discusses with clients when evaluating the realistic paths forward.
When Multiple Items Are Involved
In cases involving several allegedly stolen items from the same incident, Florida law may allow the State to aggregate their combined value to reach the grand theft threshold, even if no single item alone would qualify. Reviewing exactly how the State calculated this combined value, and whether every item was properly included, is an important part of evaluating a multi-item theft case.
Frequently Asked Questions
What is the dollar threshold between petit theft and grand theft in Florida?
Generally $750. Property valued at $750 or more is typically charged as grand theft, a felony, while property valued below that is usually charged as petit theft, a misdemeanor.
Is stealing a car always a felony in Florida, regardless of its value?
Yes. Under Florida Statute 812.014, theft of a motor vehicle is automatically classified as grand theft, regardless of the vehicle’s actual monetary value. The same automatic classification applies to firearms, regardless of what a particular firearm might be worth on the open market.
Does the State have to prove I intended to keep the property permanently?
Florida’s theft statute covers both permanent and temporary deprivation of property, but intent is still a required element the State must prove. Genuine disputes over ownership or authorization can be relevant to a defense.
Moving Forward With a Clear Strategy
A grand theft charge can feel overwhelming, particularly given how quickly a case can move from arrest to formal felony charges. Attorney Salazar works to bring clarity to that process from the first conversation, so clients understand exactly what is being alleged and what their realistic options are going forward, including how the specific valuation evidence in their case is likely to be challenged.
If you are facing a grand theft charge in Fort Lauderdale, contact The Salazar Law Firm at (954) 467-1965 to speak with Attorney Michael G. Salazar Jr.
