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You’re accused of grand theft, and now you're facing serious felony charges. But is it first-degree grand theft? Second? Third? The answer matters more than you think. In Florida, the degree of your charge could determine whether you walk away with probation or spend decades in prison.
If you're facing grand theft charges, don’t assume all theft crimes are treated equally. Understanding how Florida law categorizes grand theft and what factors influence the degree of the crime could be the key to protecting your future. An experienced Fort Lauderdale grand theft lawyer can help you understand the charges, defend yourself, and mitigate the penalties.
What Is Grand Theft in Florida?
Under Florida Statute §812.014, theft becomes “grand theft” when the value of the stolen property is $750 or more.
Anything below that threshold is still a crime, but is typically considered a misdemeanor known as petit theft.
Grand theft, by contrast, is a felony offense, and the degree of felony depends on the value and nature of the property stolen and other factors. The three degrees of grand theft include:
- Third-degree grand theft. Property valued between $750 and $20,000
- Second-degree grand theft. Property valued between $20,000 and $100,000
- First-degree grand theft. Property valued over $100,000, or involving special circumstances
But value isn’t the only factor.
What Other Factors Can Influence the Degree of a Grand Theft Charge?
You may think your charges depend solely on the value of what you allegedly stole, but several other factors can raise or lower the degree of your charge, including:
- The type of property. Firearms, law enforcement equipment, and emergency medical supplies can result in more significant charges even if they’re not worth a lot of money.
- Use of a vehicle. Prosecutors may elevate the charge if a car is used to commit the crime, especially if it causes damage.
- Property damage. Causing more than $1,000 in damage during theft triggers a possible first-degree charge.
- State of emergency. Theft committed during a declared emergency, like a hurricane, can lead to enhanced penalties.
Additionally, the alleged victim’s identity may matter. Florida handles theft from vulnerable adults primarily through a separate crime, but the penalties may be significant.
What Is Third-Degree Grand Theft?
Third-degree grand theft is the least severe felony theft charge in Florida. Generally, it applies when the stolen property is worth $750 to $20,000, but it may also apply if the stolen property includes:
- Property from a construction site
- A fire extinguisher
- Firearms
- Motor vehicles
- Farm animals
- Stop signs
- Commercially farmed fish or shellfish
- A will, testamentary instrument, or codicil
- Other property specifically cited in the statute
Possible penalties for a third-degree grand theft conviction include:
- Up to five years in prison
- Up to five years of probation
- A $5,000 fine
Even though it’s the lowest grand theft degree, it’s still a felony, and a conviction leaves you with a permanent criminal record.
What Is Second-Degree Grand Theft?
Second-degree grand theft applies when the stolen property is valued at $20,000 to $100,000, and may also apply when:
- The property value is $5,000 – $20,000, and the theft is committed during a declared state of emergency or riot and facilitated by those conditions
- Medical or law enforcement equipment was allegedly taken from a vehicle or facility
Potential penalties for second-degree grand theft include:
- Up to 15 years in prison
- Up to 15 years of probation
- A $10,000 fine
As with any felony conviction, a second-degree grand theft conviction creates a criminal record that may limit your employment, education, and housing options.
What Is First-Degree Grand Theft?
First-degree grand theft is the most serious level of grand theft in Florida. It applies when stolen property is valued at more than $100,000 or if the:
- Theft involves a semi-truck or cargo valued over $50,000
- Act of stealing causes more than $1,000 in damage to property or equipment during the crime
- Crime involves the use of a motor vehicle to commit theft and causes property damage
Possible penalties for first-degree grand theft include:
- Up to 30 years in prison
- Up to 30 years of probation
- A $10,000 fine
You don’t have to steal something worth $500,000 to be charged with a first-degree felony. If the method or impact of the theft fits these criteria, the state can, and often does, pursue the most serious charges available.
What Happens If You’re Convicted of Grand Theft in Florida?
A grand theft conviction can have lifelong consequences. Beyond the prison time, probation, and significant fines described above, you may have a felony record that:
- Affects employment, housing, and education
- Results in loss of professional licenses
- Has immigration consequences, including deportation for non-citizens
- Includes restitution orders requiring you to repay victims
Even a withheld adjudication or probation sentence will still appear on background checks. That’s why it’s critical to consult a Fort Lauderdale grand theft lawyer immediately after an arrest, or even if you think you’re under investigation.
Can Grand Theft Charges Be Reduced or Dismissed?
Yes, but it depends on the facts of your case. At the Law Offices of Robert David Malove, our experienced Fort Lauderdale grand theft lawyers consider all possible defense strategies, including but not limited to:
Challenging the Valuation
If the property's value can’t be proven or is incorrectly calculated, you might qualify for a lower-degree charge or even a misdemeanor.
Questioning Ownership
If there’s doubt about whether the item actually belonged to someone else (or whether you believed it did), we can raise issues of intent and ownership.
Asserting Lack of Intent
Theft requires intentional and knowing behavior. If your actions were accidental or a misunderstanding, that can form the basis for dismissal or acquittal.
Presenting Mitigating Circumstances
If this is your first offense, or if you were struggling with addiction, mental health issues, or financial hardship, we may argue for a pretrial diversion program or withheld adjudication.
Negotiating a Plea Deal
We fight to get charges reduced to petit theft or negotiated to avoid jail time. Our goal is always to protect your future, whether that means seeking dismissal, an acquittal, or the most favorable resolution possible.
Why You Need a Fort Lauderdale Grand Theft Lawyer
Prosecutors aggressively pursue felony theft cases in South Florida. Having an experienced criminal defense lawyer on your side isn’t optional. It’s essential.
At the Law Offices of Robert David Malove, we take a thorough, proactive approach to defending grand theft charges. We:
- Analyze the facts to determine the actual value and classification
- Investigate whether your constitutional rights were violated
- Challenge the evidence at every stage
- Pursue alternative resolutions when appropriate
- Fight for dismissals, reductions, or acquittals when possible
Our clients are often happy with the work we do on their behalf. One of our clients, J.W., said this after we defended their son in a grand theft case,
“…Robert was sincere, knowledgeable and reasonable from day 1. Through his excellent and diplomatic work, my son was let out on a Pre-Trial Release program. My son was doing well for about 3 months when he was pulled over by the police and rearrested. Mr. Malove filed a new motion for bail. Even the other detainees told my son that it was impossible for him to get bailed out. Wow! Wow! Wow! Mr. Malove worked magic with this case – my son was released on his previous pretrial arrangement.It was such a shock to the pretrial officer who told my son, ‘your attorney has some fancy footwork! I am shocked and so is the arresting officer. We cannot believe you are out on bail. Well, to make this simple, Mr. Malove is very reasonable, he is a down to earth lawyer – someone who you would want at your birthday party. The guy is a total genius at what he does!I must have been his most difficult client, but he performed beyond my wildest imaginations. 5 stars is not enough for Mr. Malove. Is there a way to give him 20?”
While past cases do not guarantee results in any other case, we bring this same level of dedication, determination, and experience to every person we represent.
