Charged With
Theft in Orlando?
Even a minor theft allegation can lead to serious consequences — including a permanent criminal record that affects employment and professional opportunities.
Do not make assumptions about your case. Speak with a defense lawyer to understand your options and start protecting your future.
Florida theft charges range from a second-degree misdemeanor for stealing items under $100 to a first-degree felony for grand theft exceeding $100,000. Under Florida Statute § 812.014, theft is defined as knowingly obtaining or using the property of another with the intent to deprive them of it — either temporarily or permanently. The value of the stolen property determines the degree of the charge, and the penalties escalate dramatically at each threshold.
What many people do not realize is how quickly a theft charge can become a felony in Florida. The grand theft threshold is $750 — one of the lowest in the country. A person who shoplifts a pair of designer shoes or a mid-range electronic device faces the same felony classification as someone who steals a car. And a third petit theft conviction — even if each individual theft was under $100 — is automatically a felony.
Even a misdemeanor theft conviction creates a permanent criminal record that appears on background checks, affects employment prospects, and can lead to driver’s license suspension for juveniles. Attorney James P. Kelly defends theft charges throughout Orlando and Central Florida. When you call, you speak directly with your attorney.
Florida’s theft statute, § 812.014, establishes a tiered system based primarily on the value of the property stolen. The classification determines whether the charge is a misdemeanor or felony and sets the maximum penalty.
Petit theft applies when the property stolen is valued at less than $750 and does not fall into a special category:
Grand theft applies when the stolen property is valued at $750 or more, or when certain special categories of property are involved:
| Degree | Value/Circumstances | Classification | Maximum Penalty |
|---|---|---|---|
| Third Degree | $750 – $19,999 | 3rd degree felony | 5 years prison, $5,000 fine |
| Second Degree | $20,000 – $99,999 | 2nd degree felony | 15 years prison, $10,000 fine |
| First Degree | $100,000+ or semitrailer | 1st degree felony | 30 years prison, $10,000 fine |
Certain items are automatically classified as grand theft under Florida law, even if their market value is below $750:
These special categories exist because the Legislature determined that the circumstances of the theft — the type of property or the location — make the offense inherently more serious, regardless of dollar value.
Retail theft under § 812.015 covers a range of conduct beyond simple shoplifting. It includes taking possession of or carrying away merchandise from a merchant’s premises without paying, altering or removing price tags or UPC codes, and transferring merchandise from one container to another.
Organized retail theft — coordinating the activities of one or more persons to commit theft where the stolen property exceeds $3,000 — is a second-degree felony (up to 15 years). This charge is increasingly used in cases involving organized “boosting” operations and resale schemes.
Florida also authorizes civil recovery by merchants. Under § 772.11, a merchant can sue the thief in civil court for the retail value of the merchandise, a civil penalty of up to $1,000, and attorney’s fees. These civil demand letters are separate from the criminal case and typically come from a law firm hired by the retailer. You should consult with a criminal defense attorney before responding to a civil demand letter, as anything you say could potentially be used in the criminal proceeding.
Under § 812.015(3), a merchant or the merchant’s employee who has probable cause to believe that retail theft has been committed may detain the suspected offender for a reasonable length of time for the purpose of investigation. This detention — often called the “shopkeeper’s privilege” — is limited in scope and duration. The detention must be reasonable in time, manner, and place. If the detention was unreasonable, coerced, or resulted in an improper confession, the evidence obtained may be subject to suppression.
Theft cases are among the most common charges on the docket at the Orange County Courthouse. How your case is processed depends on the degree of the charge and your criminal history.
Petit theft cases are heard in County Court before a county court judge. First-time petit theft offenders are frequently offered pretrial diversion through the State Attorney’s Office — completion of community service, a theft awareness class, and restitution in exchange for dismissal. If you do not qualify for or decline diversion, the case proceeds to arraignment, pretrial conferences, and potentially trial.
Grand theft cases are heard in Circuit Court before a circuit court judge. Bond amounts vary — typically $1,000 to $5,000 for third-degree grand theft, higher for second and first degree. Discovery in grand theft cases may include surveillance footage, inventory records, forensic accounting in embezzlement cases, digital evidence, and witness depositions.
Regardless of the degree, Florida law authorizes courts to order restitution — repayment of the value of the stolen property to the victim. Restitution can be ordered as a condition of probation or as a standalone obligation. Failure to pay restitution can result in a violation of probation.
The degree of the charge depends entirely on the value of the property. Florida law requires that value be determined by the fair market value at the time and place of the offense — not the retail price, not the replacement cost, and not what the merchant paid for it. In many shoplifting cases, the retail price tag significantly exceeds fair market value. If the state cannot prove the property met the threshold for grand theft, the charge must be reduced to petit theft — a misdemeanor rather than a felony.
Theft is a specific intent crime. The state must prove that the defendant knowingly obtained the property with the intent to deprive the owner. Forgetting to pay, mistakenly walking out with unpaid merchandise, disputes over ownership, and absence-of-mind defenses can all negate the required intent. In shoplifting cases, simply concealing merchandise inside a store is not theft until the defendant passes the last point of sale with intent to leave without paying.
In retail theft cases, the circumstances of the detention and the legality of any subsequent search are subject to constitutional scrutiny. Loss prevention officers who detained the defendant without probable cause, used excessive force, held the defendant for an unreasonable period, or coerced a confession during the detention may have violated constitutional rights, making the evidence subject to suppression.
If the defendant had a good-faith belief that they had a right to the property — for example, in disputes over ownership, repo situations, or shared property — the claim of right defense negates the intent element. This defense is fact-specific and depends on the reasonableness of the belief.
In cases involving organized retail theft rings, some participants were coerced or threatened into participating. If the defendant committed the theft under duress — a genuine threat of serious harm — this can serve as a complete defense.
These three offenses are frequently confused, but the distinctions carry enormous consequences:
Theft (§ 812.014) is the unlawful taking of property with intent to deprive. It can be a misdemeanor. No force, no entry into a structure, and no confrontation with the victim is required.
Robbery (§ 812.13) is theft from a person using force, violence, or intimidation. It is always a felony — minimum second-degree felony for strong-arm robbery, up to life for armed robbery.
Burglary (§ 810.02) is entering or remaining in a structure or conveyance with the intent to commit an offense inside. Burglary is always a felony and does not require that any property actually be taken.
A shoplifter who leaves a store with unpaid merchandise has committed theft. A shoplifter who pushes past an employee while fleeing has committed robbery. A person who breaks into a closed store after hours with intent to steal has committed burglary — even if they take nothing.
Theft cases are among the most common criminal charges in Orange County — and among the most defensible when handled properly. Prosecutors handle hundreds of these cases and are frequently willing to negotiate, particularly for first-time offenders. But the willingness to negotiate depends on the strength of the defense. An attorney who reviews the surveillance footage, challenges the stated value, investigates the legality of the stop and detention, and presents a compelling case for diversion or withhold of adjudication obtains meaningfully better outcomes than a defendant who walks into court alone.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly. The firm handles theft cases in the Orange County Courthouse, the Ninth Judicial Circuit, and courts throughout Central Florida. English and Spanish-speaking clients are welcome — hablamos español.
Pretrial diversion. First-time offenders — particularly in petit theft and shoplifting cases — frequently qualify for the Orange County State Attorney’s pretrial diversion program. Successful completion requires community service hours, restitution, a theft awareness class, and a period of supervision. Upon completion, the charges are dismissed — and the dismissed case is eligible for expungement.
Withhold of adjudication. For defendants who do not qualify for diversion, negotiating a withhold of adjudication prevents a formal conviction and preserves eligibility for record sealing under § 943.059. Many employers treat a withhold differently from a conviction, and professional licensing boards may view it more favorably.
Reduction to a lesser charge. Grand theft charges can often be negotiated down to petit theft — particularly when the value is close to the $750 threshold and the evidence of value is debatable. A reduction from a felony to a misdemeanor fundamentally changes the consequences: no state prison exposure, no loss of civil rights, and a far less severe impact on employment.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every criminal case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Shoplifting items valued under $750 is typically a misdemeanor (petit theft). However, a third petit theft offense is automatically a felony, regardless of value. Shoplifting from a dwelling at $40+ is grand theft. Organized retail theft over $3,000 is a second-degree felony. And shoplifting any firearm, motor vehicle, or controlled substance is automatically grand theft regardless of value.
The primary distinction is value. Theft of property valued under $750 is generally petit theft (misdemeanor). Theft of property valued at $750 or more is grand theft (felony). However, certain property types — firearms, motor vehicles, controlled substances, and property taken from a person or dwelling — are grand theft regardless of value.
If adjudication was withheld and you meet theeligibility requirements under § 943.059, you may be able to seal your record. If the charge was dismissed or you were acquitted, you may qualify for expungement under § 943.0585. First-time offenders who complete diversion programs receive dismissals that are eligible for expungement.
For defendants under 18, a theft conviction results in driver’s license suspension — up to 6 months for a first offense and 1 year for subsequent offenses under § 812.0155.
A civil demand letter is a separate matter from the criminal case. Under § 772.11, merchants can seek civil recovery for the retail value of merchandise plus a penalty of up to $1,000 plus attorney’s fees. Whether to pay depends on the specifics of your case. Consult with an attorney before responding, as anything you say or pay could potentially be used in the criminal proceeding. Paying the civil demand does not resolve the criminal case, and not paying it does not create additional criminal liability.
Writing a worthless check is covered under § 832.05. A worthless check under $150 is a first-degree misdemeanor. $150 or more is a third-degree felony. The state must prove that you knew the check would not be honored at the time you wrote it.
