What is Grand theft in Florida?
In Florida, Grand Theft is an unlawful and intentional taking of the property of another with a value of $300.00 or more. To be convicted, the Prosecutor must show the defendant did the taking with the intent to temporarily or permanently (a) deprive the owner of his or her right to the property or benefit from the property, or (b) appropriate the property of the owner to his or her own use or to the use of any person not entitled to it. If the property is less than $300, it is considered petty theft. Petty theft may also be called shoplifting, but someone who shoplifts a $300 item will be charged with grand theft. Grand theft is a felony. The degree of the felony charge is dependent on the value of the stolen property. The varying degrees of grand theft are listed below.
First degree grand theft is charged as a first degree felony if the property stolen is valued at greater than $100,000. A conviction for first degree grand theft carries:
- a minimum prison sentence of 21 months,
- A maximum prison sentence of 30 years
- 30 years of probation, or
- A maximum fine of $10,000
Second degree grand theft is charged as a second degree felony if the property stolen is valued at less than $100,000 but greater than $20,000; is shipping Cargo worth less than $50,000, or is emergency medical equipment worth more than $300. A conviction for second degree grand theft carries:
- A maximum prison sentence of 15 years
- 15 years of probation, or
- A maximum fine of $10,000
Third degree grand theft is charged as a third degree felony if the property stolen is valued at less than $20,000 but greater than $300 or is a will, testamentary instrument, firearm, or motor vehicle. . A conviction for third degree grand theft carries:
- A maximum prison sentence of 5 years
- 5 years of probation, or
- A maximum fine of $5,000
Petit Theft in Tampa, Florida
In Florida, the lowest level theft offense is called “petit theft.” Petit theft applies whenever the value of the item or items taken is less than $300. Petit theft may be a second or first degree, depending on the value of the property taken.
Petit Theft Second Degree If the value of the property is less than $100, the offender commits second degree petit theft, which is a second degree misdemeanor. This carries a sentence of imprisonment of not more than 60 days and a fine not to exceed $500.
Petit Theft First Degree. If the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, which is a first degree (most serious) misdemeanor. If convicted for a first degree misdemeanor, the offender may receive a definite term of imprisonment of not less than one year and a fine of not more than $1,000.
An offense that would ordinarily be classified as petit theft in Florida will be bumped up to a first degree misdemeanor if the offender has previously been convicted of any theft offense. Also, if an individual has been convicted to any two other theft offenses, he or she can be charged with Felony Petit Theft regardless of the value of the item taken. Felony Petit theft is a third-degree felony punishable by five (5) years in Florida State Prison, and a five thousand ($5,000.00) fine.
Driver’s License Suspension.
Anyone convicted of misdemeanor theft in Florida may be subject to a driver’s license suspension. This applies no matter the value of the property taken. The court will definitely suspend the license of a theft offender whose criminal record includes a prior theft conviction.