Misdemeanor Versus Felony Theft Offenses

TheftCrime

If you have been accused of theft in Florida, it is essential to understand whether you are facing misdemeanor or felony charges, and why you are facing that particular level of offense. Under Section 812.014 of the Florida Statutes, you can face theft allegations whether you stole a loaf of bread from a grocery store or stole millions through securities fraud, and anything in between. What elements of a specific criminal theft offense determine whether you will be facing misdemeanor or felony charges? The answer involves the amount of the property at issue, the type of the property at issue, and the method used in the alleged theft offense. Our Tampa theft defense lawyers can explain in more detail below, and we can begin working with you on a defense strategy today whether you are facing misdemeanor or felony charges.

Value of the Property in Question

For most theft offenses, whether you are facing misdemeanor or felony charges will depend on the value of the property in question. In other words, how much was the property valued at that you allegedly attempted to take without permission of the owner?

Misdemeanor theft charges based on value look like this:

  • Second degree misdemeanor will be charged if the value of the property was under $100, which can result in up to 60 days in jail and a fine of up to $500; or
  • First degree misdemeanor if the property value was $100 or more but less than $750, which can result in up to one year in jail and a fine of up to $1,000.

For any property valued at $750 or more, you will be facing felony charges:

  • Third degree felony if the value of the property is at least $750 but under $20,000, which can result in up to five years in prison and a fine of up to $5,000;
  • Second degree felony if the value of the property is at least $20,000 but less than $100,000, which can result in up to 15 years in prison and a fine of up to $10,000; and
  • First degree felony if the value of the property is $100,000 or more, which can result in up to 30 years in prison and a fine of up to $10,000.

Type or Location of Property and Method of Theft

In some cases, the type of property stolen and the method of theft can also result in more serious charges or enhancements.

For example, if you are accused of stealing property from a health care facility or a gun from a police station, your charges will likely be enhanced. Or, the method of theft can lead to an enhancement. In Florida, for example, using a motor vehicle to commit a theft offense can result in enhanced charges.

Contact a Tampa Theft Defense Attorney for Help with the Charges You Are Facing 

Are you facing theft-related charges in Southwest Florida? It is critical to begin working with a defense lawyer as soon as possible. One of the experienced Tampa theft defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. is here to assist you. Contact our firm today to begin working on your defense strategy.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html

By The Law Office of Daniel J. Fernandez, P.A. | Posted on March 11, 2026