Florida Theft & Property Crimes — Laws, Penalties & Defense Strategies

Theft and property crimes encompass a wide range of offenses under Florida law — from shoplifting a pack of gum to armed robbery and arson. According to FDLE data, theft-related offenses (larceny, burglary, motor vehicle theft, vandalism, stolen property, and arson) consistently rank among the most common arrest categories in Florida, representing multiple spots in the top 20 arrests statewide. This page covers the major theft and property crime statutes, their penalties, and common defense strategies.

What Are Theft & Property Crimes Under Florida Law?

Florida law classifies theft and property offenses under Chapter 812 (Theft, Robbery, and Related Crimes) and Chapter 806 (Arson and Criminal Mischief) of the Florida Statutes. These offenses share a common element: the unlawful taking, damaging, or control of someone else’s property.

The most frequently charged theft and property crimes in Florida include:

• Petit Theft — Florida Statute §812.014 (property valued under $750)
• Grand Theft — Florida Statute §812.014 (property valued at $750+)
• Burglary — Florida Statute §810.02
• Robbery — Florida Statute §812.13
• Criminal Mischief (Vandalism) — Florida Statute §806.13
• Dealing in Stolen Property — Florida Statute §812.019
• Motor Vehicle Theft — Prosecuted under §812.014 (grand theft of a motor vehicle)
• Arson — Florida Statute §806.01

Under FDLE data, larceny/theft ranks #5, burglary ranks #7, motor vehicle theft ranks #12, vandalism/destruction ranks #11, stolen property ranks #16, and arson ranks #20 among all Florida arrests — making this category one of the broadest and most frequently prosecuted in the state.

Florida Statutes Governing Theft & Property Crimes

Florida Statute §812.014 — Theft (Grand Theft & Petit Theft)

This is the primary theft statute in Florida. Theft occurs when a person knowingly obtains or uses the property of another with the intent to either temporarily or permanently deprive the owner of the property. The key distinction is the value of the property stolen, which determines whether the charge is petit theft (misdemeanor) or grand theft (felony).

Petit Theft (Misdemeanor):

• Second-Degree Petit Theft — Property valued under $100. Second-degree misdemeanor. Punishable by up to 60 days in jail and a $500 fine.
• First-Degree Petit Theft — Property valued at $100 or more but less than $750. First-degree misdemeanor. Punishable by up to 1 year in jail and a $1,000 fine.

Grand Theft (Felony):

Grand theft is divided into degrees based on the value of the stolen property and the circumstances of the theft:

Grand Theft Auto: Theft of a motor vehicle is treated as grand theft of the third degree regardless of the vehicle’s value (State v. Jackson). However, if the vehicle’s value exceeds $20,000, the charge escalates to second-degree grand theft.

Florida Statute §812.13 — Robbery

Robbery is a more serious offense than simple theft because it involves taking property from another person by force, violence, assault, or putting the victim in fear. This makes robbery a “violent felony” under Florida law.

• Robbery (no weapon) — Second-degree felony. Up to 15 years prison, $10,000 fine.
• Robbery with a Firearm or Deadly Weapon — First-degree felony. Up to life in prison, $10,000 fine. A 10-year minimum sentence applies if a firearm was carried. If the firearm was discharged, a 20-year minimum applies.
• Home-Invasion Robbery — Robbery committed inside an occupied dwelling. First-degree felony, punishable by up to life in prison. Carries a 10-year minimum if no weapon; life minimum if armed.

Florida Statute §810.02 — Burglacy

Burglary is defined as entering or remaining in a dwelling, structure, or conveyance (vehicle) with the intent to commit an offense inside — typically theft, but burglary can also involve intent to commit assault, battery, or any other crime. Florida law does not require forced entry; merely opening an unlocked door with intent to steal is burglary.

Florida Statute §812.019 — Dealing in Stolen Property

It is a crime to traffic in or endeavor to traffic in property that the person knows or should know was stolen. “Trafficking” means buying, selling, trading, receiving, or concealing stolen property. This charge often accompanies retail theft rings or fencing operations.

• Standard offense: Second-degree felony — up to 15 years prison, $10,000 fine.
• Organized dealing: If the person organized or led a stolen property operation, the charge can be enhanced to a first-degree felony under §812.019(2).

Florida Statute §806.13 — Criminal Mischief (Vandalism)

Criminal mischief involves willfully and maliciously injuring or damaging someone else’s real or personal property. This covers everything from keying a car to spray-painting graffiti to smashing a window.

Additionally, for minors convicted of criminal mischief, Florida law requires mandatory restitution and driver license suspension.

Florida Statute §806.01 — Arson

Arson is the willful and unlawful burning of a structure. Florida treats arson as a serious felony in all cases — there is no misdemeanor arson charge.

• Arson in the First Degree — Burning any structure the offender knew or had reason to believe was occupied by a person. First-degree felony, punishable by up to 30 years in prison.
• Arson in the Second Degree — Burning any unoccupied structure. Second-degree felony, punishable by up to 15 years in prison.

Penalties for Theft & Property Crimes in Florida — Summary Table

Common Defense Strategies

Lack of Intent

Theft crimes require proof of intent to deprive the owner of their property. A common defense is demonstrating that the defendant took the property by mistake — genuinely believing it was theirs, borrowing without intent to keep, or taking under a claim of right. If the state cannot prove intent beyond a reasonable doubt, the charge may be reduced or dismissed.

False Identification

Many theft cases, especially shoplifting and retail theft, rely on store security or witness identification of the suspect. Mistaken identity is a factually common issue, particularly in busy retail environments or cases where surveillance footage is grainy or incomplete.

Unlawful Search and Seizure

If stolen property was discovered during an illegal search — a stop without reasonable suspicion, a search without probable cause, or an unlawful inventory search of a vehicle — the Fourth Amendment may bar that evidence. This is especially relevant in burglary and stolen property cases where evidence was found during a traffic stop or at a residence.

Insufficient Value

For grand theft charges, the prosecution must prove the value of the stolen property exceeds the statutory threshold. A defense attorney may challenge the prosecution’s valuation — for example, arguing that a used item was worth less than $750, reducing grand theft to petit theft. For burglary, the state must also prove the value or structure criteria.

Consent or Permission

In theft and burglary cases, a defense may arise if the defendant had permission to enter the property or take the item. This is common in domestic disputes, landlord-tenant conflicts, or disagreements over shared property where no clear owner exists.

Duress or Necessity

Rare but viable: if the defendant committed the theft or property crime under threat of imminent harm (duress) or to prevent a greater harm (necessity), the law may excuse the conduct. The defendant must have had no reasonable legal alternative.

Frequently Asked Questions

Is shoplifting a felony or misdemeanor in Florida?

Shoplifting (retail theft) is charged under §812.014. If the value of the merchandise is under $750, it is petit theft — a misdemeanor. If the value is $750 or more, or if the retailer is a church, school, or emergency shelter, the charge becomes grand theft — a third-degree felony. Multiple prior theft convictions can also elevate a misdemeanor shoplifting charge to a felony.

What is the difference between burglary and robbery in Florida?

Burglary is entering a structure, dwelling, or vehicle with the intent to commit a crime inside — even if no one is present and no property is taken. Robbery requires taking property from another person by force or fear. Robbery is always a violent felony; burglary may or may not involve violence depending on the circumstances.

Can a petit theft charge be expunged in Florida?

Yes, a first-time petit theft conviction may be eligible for expungement or sealing under Florida law, provided the defendant completed any required diversion program and has no other disqualifying criminal history. However, theft crimes are not eligible for the state’s pretrial diversion program in the same way as drug offenses. An experienced criminal defense attorney can advise on eligibility.

How does Florida define “dwelling” for burglary charges?

Under §810.011, a dwelling is “a building or conveyance of any kind, either temporary or permanent, that has a roof over it and is designed to be occupied by people.” This includes houses, apartments, condos, hotel rooms, mobile homes, RVs, and even tents. Burglary of a dwelling carries more severe penalties than burglary of a structure.

What are the mandatory minimum sentences for armed robbery in Florida?

Florida’s 10-20-Life statute (§775.087) applies to robbery with a firearm: 10 years minimum if the offender possessed a firearm; 20 years minimum if the firearm was discharged; and 25 years to life if the discharge caused death or great bodily harm.

Does Florida have a “three strikes” law for theft?

Florida does not have a traditional “three strikes” law like California, but it does have a habitual felony offender statute (§775.084) that can significantly enhance sentences for repeat theft offenders. Additionally, Florida law allows petit theft to be charged as a felony (third-degree) if the offender has two or more prior theft convictions, regardless of the value stolen in the current offense.

What should I do if I’m arrested for shoplifting in Florida?

Do not resist or argue with store security or law enforcement. Remain silent and request an attorney. Do not consent to any search of your bags, vehicle, or person beyond what the officer is legally permitted to do. Document everything you remember about the incident, including whether you were read your Miranda rights. Contact a Florida criminal defense attorney before making any statements or agreeing to any civil demand letter from the store’s legal department.

Contact a Florida Theft & Property Crimes Defense Attorney

If you or a loved one has been charged with theft, burglary, robbery, criminal mischief, or any property crime in Florida, the consequences can be severe — including prison time, fines, and a permanent criminal record. The specific facts of your case matter enormously, and an experienced Florida criminal defense attorney can evaluate your options, build a defense strategy, and fight for the best possible outcome. Contact a Florida criminal defense lawyer today for a consultation.