- Dorothy Naumann
- Indian River County, FL
How Florida classifies theft offenses under Statute 812.014
Florida Statute 812.014 defines theft as knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to deprive that person of a right to the property or to appropriate the property to one’s own use. The statute classifies theft offenses based on the value of the property involved.
Petit theft involves property valued at less than $750. Theft of property valued between $100 and $750 is a first-degree misdemeanor. Theft of property valued at less than $100 is a second-degree misdemeanor. Grand theft begins at $750 in value and is a third-degree felony. Grand theft of property valued between $20,000 and $100,000 is a second-degree felony. Grand theft of $100,000 or more is a first-degree felony.
Enhanced penalties for theft under Florida law
Florida Statute 812.014 provides for enhanced penalties based on prior convictions and the nature of the property stolen. A second conviction for petit theft is a first-degree misdemeanor regardless of value. A third or subsequent conviction for any theft offense is a third-degree felony regardless of value.
Certain categories of property carry enhanced charges regardless of value. Theft of a firearm, theft of a motor vehicle, theft from a person, and theft from a dwelling are among the offenses that may be charged as felonies based on the nature of the property or the circumstances, not solely the value.
Burglary charges under Florida Statute 810.02
Florida Statute 810.02 defines burglary as entering a dwelling, structure, or conveyance with the intent to commit an offense therein, or remaining in a dwelling, structure, or conveyance with the intent to commit an offense therein after permission to remain has been withdrawn.
The classification of a burglary charge depends on where the burglary occurred and what happened during the offense. Burglary of a dwelling, meaning a residence, is a second-degree felony, carrying a maximum of fifteen years. If the offender is armed or assaults another person during the burglary, the charge becomes a first-degree felony, carrying a maximum of life imprisonment.
Burglary of a structure or conveyance
Burglary of a structure, meaning a building that is not a dwelling, is a third-degree felony unless the structure is occupied or the offender is armed, in which case it becomes a second-degree felony. Burglary of a conveyance, meaning a vehicle, is a third-degree felony, upgraded to a second-degree felony if the offender is armed or another person is present.
Florida Statute 810.02(4) provides that if in the course of committing a burglary the offender makes an assault or battery on any person, or becomes armed with explosives or a dangerous weapon, the offense is reclassified to a first-degree felony punishable by a term of years not exceeding life imprisonment.
Frequently asked questions
What is the difference between theft and burglary in Florida?
Theft under Florida Statute 812.014 involves taking another’s property. Burglary under Florida Statute 810.02 involves entering or remaining in a dwelling, structure, or conveyance with the intent to commit an offense, and it does not require that a theft actually occur.
Is shoplifting a felony in Florida?
Shoplifting is charged as theft under Florida Statute 812.014. Whether it is a misdemeanor or felony depends on the value of the merchandise. Retail theft of $750 or more is a felony. Prior theft convictions can also elevate the charge to a felony.
What is the penalty for burglary of a dwelling in Florida?
Burglary of a dwelling under Florida Statute 810.02 is a second-degree felony, carrying a maximum of fifteen years in state prison. If the offender is armed or assaults a person, the charge becomes a first-degree felony with a maximum of life imprisonment.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.