Getting caught up in a theft accusation can feel disorienting, especially if you never expected to face a criminal charge. A single moment, like walking out of a store without paying for an item or borrowing something you intended to return, can turn into a criminal case with lasting consequences. The value of the property involved often determines whether you face a misdemeanor or a felony, and that distinction can shape the rest of your case.
At Wiseman Law, we help clients throughout Central Florida understand the difference between petit theft and grand theft so they know what they are up against. Our founding attorney, Simon Wiseman, spent years as a state prosecutor in Orange County before turning his insider knowledge toward defending the accused, and he uses that experience to build strong, strategic defenses for people facing theft allegations.
What Separates Petit Theft From Grand Theft
Florida law defines theft as knowingly taking or using someone else’s property with the intent to deprive the owner. Whether prosecutors charge petit theft or grand theft usually depends on the value of the property involved, though other circumstances can matter too.
Petit theft applies when the property in question is valued at less than $750. Grand theft applies when the value reaches $750 or more, or when certain protected property, like a firearm or a vehicle, is involved regardless of price. According to a five-year legislative review of Florida’s theft thresholds, the state’s felony theft threshold is $750, though other factors specified in the statute can lower that number in specific situations, such as theft from a dwelling.
Degrees of Petit Theft
Petit theft in Florida has two degrees.
- Second degree petit theft applies to property valued at less than $100 and is charged as a second degree misdemeanor
- First degree petit theft applies to property valued between $100 and $749 and is charged as a first degree misdemeanor
- A repeat petit theft charge, meaning the person has a prior theft conviction, can be enhanced to a more serious charge regardless of the value involved
Even though these charges are misdemeanors, a conviction still creates a permanent record that can affect employment and housing opportunities later on.
Degrees of Grand Theft
Grand theft carries more severe consequences because it is charged as a felony. The degree depends largely on the property’s value.
Third degree grand theft covers property valued between $750 and $19,999, along with certain items like firearms regardless of value. Second degree grand theft applies to property valued between $20,000 and $99,999, and first degree grand theft applies to property valued at $100,000 or more. Each degree carries increasingly serious potential penalties, including years in state prison and steep fines.
How Theft Charges Show Up in Everyday Situations
Theft charges are not limited to dramatic break-ins or large-scale schemes. They often arise from situations many people encounter without expecting legal trouble.
Shoplifting is one of the most common ways people face petit theft or grand theft charges, particularly in a region with heavy tourist traffic and large retail centers. Fraud-related offenses can also escalate quickly since Florida law allows prosecutors to combine multiple smaller incidents into one larger theft charge if they occurred as part of a related scheme. Even borrowing a coworker’s belongings without permission and failing to return them can lead to a petit theft accusation if the situation is reported.
Defenses to Theft Charges
Because theft requires proof of intent, several defenses can apply depending on the facts of the case.
A good faith belief that the property belonged to you, or that you had permission to use it, can defeat the intent element the state must prove. Mistaken identity and insufficient evidence of the property’s actual value are also common defense strategies, since the state must prove the value of the property beyond a reasonable doubt to establish the correct degree of the charge. In some situations, we may also be able to negotiate a resolution such as pretrial diversion that avoids a permanent conviction altogether.
Why Working With a Former Prosecutor Matters
Understanding how theft charges are built can make a real difference in how a case is defended. Attorney Wiseman spent years prosecuting cases in Orange County before shifting to defense work, including cases involving theft and fraud allegations, and he brings that same insider knowledge to every client he represents now.
At Wiseman Law, we have helped clients resolve theft-related charges through negotiated dismissals, pretrial diversion programs, and favorable trial outcomes. If you are facing a petit theft or grand theft charge in Central Florida, reach out to our team to discuss your situation and learn about your options moving forward.