Grand theft under § 812.014(2), Florida Statutes, is a felony offense beginning when the value of stolen property reaches $750. Third-degree grand theft ($750–$19,999) carries up to 5 years in prison; second-degree ($20,000–$99,999) carries up to 15 years; first-degree ($100,000+) carries up to 30 years in Florida state prison. A felony theft conviction permanently affects your employment, housing, voting rights, and firearm rights. With the right defense, the charge can often be reduced, diverted, or dismissed — but only with an attorney who knows how to fight it in Polk County courts.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is Grand Theft Under Florida Law?

Grand theft under § 812.014(2) applies when property value reaches $750. The same elements as all theft apply — knowing, intentional taking with intent to deprive — but the dollar threshold elevates the offense to felony. Florida also designates certain property categories as grand theft regardless of value: law enforcement vehicles, fire extinguishers, emergency medical equipment, and cargo on vessels. These automatic categories protect emergency responders and commerce regardless of dollar amount.

Grand theft is one of the most frequently charged felonies in Polk County. It arises in employee theft, vehicle theft, shoplifting at the $750+ level, organized retail crime, construction site theft, agricultural equipment theft, and large-scale fraud schemes. The charge may arise from a single transaction or from aggregated conduct when the prosecutor charges a continuing scheme.

How Is Grand Theft Classified and Sentenced in Florida?

Third-degree grand theft ($750–$19,999): third-degree felony — up to 5 years in state prison, 5 years probation, $5,000 fine.

Second-degree grand theft ($20,000–$99,999): second-degree felony — up to 15 years in prison, $10,000 fine.

First-degree grand theft ($100,000+): first-degree felony — up to 30 years in state prison, $10,000 fine.

Sentence enhancements apply when theft occurs during a state of emergency, when law enforcement property is taken, or when the victim is elderly — these factors can double otherwise applicable sentences under Florida law.

What Types of Property Trigger Grand Theft Regardless of Value?

Section 812.014(2)(b) designates these property types as automatic grand theft regardless of dollar value: any motor vehicle, any fire extinguisher, citrus fruit totaling 2,000 or more pieces, livestock, a stop sign or official traffic control sign, and anhydrous ammonia. The motor vehicle provision is particularly significant: stealing any functioning vehicle is a third-degree felony regardless of its actual market value. A stolen 1998 Honda worth $1,200 carries the same felony charge as a stolen $80,000 SUV under § 812.014(2)(c)6.

How Do Defense Attorneys Challenge Grand Theft Charges?

How Does Attacking Property Valuation Work?

Florida courts require proof of fair market value at the time of the theft — not retail replacement cost, not insurance cost, and not what the owner originally paid. I obtain comparable sales data, expert appraisals, and depreciation schedules to challenge inflated valuations. The dollar thresholds make these challenges decisive: a value of $700 instead of $800 is the line between a felony and a misdemeanor, and moving a $22,000 figure down to $18,000 drops a 15-year second-degree felony to a 5-year third-degree felony.

How Does Challenging Intent Defeat a Grand Theft Charge?

Intent to deprive is required. In employee theft cases, the defense often centers on whether the defendant was authorized to take or use the property and genuinely believed so. In business disputes crossing into criminal court, taking property pursuant to a contractual right or good-faith ownership belief is not theft. I examine employment agreements, business relationships, and all communications between the parties to build the most compelling intent defense available in your specific facts.

What Suppression Arguments Apply in Grand Theft Cases?

Grand theft investigations frequently involve search warrants for homes, businesses, storage units, and electronic devices. If a warrant was issued without sufficient probable cause, if the supporting affidavit contained false statements, or if the search exceeded the warrant’s scope, suppression is available under the Fourth Amendment. Physical evidence recovered in an illegal search is often the foundation of the state’s entire case. I file suppression motions in every case where these arguments have merit.

What Are the Long-Term Consequences of a Grand Theft Felony Conviction?

A felony grand theft conviction results in loss of civil rights — the right to vote, to serve on a jury, and to hold public office. These rights can be restored through Florida’s clemency process, but restoration is not automatic and requires a petition and waiting period. A felony conviction also results in permanent loss of the right to possess a firearm under both federal and Florida law — a lifetime firearms disability unless federal relief is separately obtained.

Employment consequences are severe. A felony theft conviction creates a lasting presumption of untrustworthiness. Federal employment, law enforcement, military service, and positions requiring security clearances are categorically closed. Professional licensing boards routinely revoke or deny licenses. Immigration consequences for non-citizens can include permanent deportation as an aggravated felony depending on sentence imposed. Housing is also affected — many landlords screen for felony convictions and federally assisted housing programs exclude residents with certain felony records. These consequences compound across decades and affect every dimension of a person’s life.

What Should You Do After a Grand Theft Arrest in Florida?

Do not speak to investigators without an attorney. Grand theft investigations are complex — detectives may have been building the case for weeks before the arrest. Invoke your right to remain silent clearly and immediately. Ask for a lawyer. Contact (863) 774-4556 immediately — reach us 24/7. Evidence preservation, witness interviews, and document collection all have time limits. For related charges, see the Theft and Property Crimes hub, the general theft page, or the dealing in stolen property page.

Frequently Asked Questions About Grand Theft in Florida

What is the minimum value for grand theft in Florida?

Grand theft begins at $750 under § 812.014(2)(c). Below $750 is petit theft — a misdemeanor. At $750 or above is grand theft — a felony. Fair market value at the time and place of the taking is the correct legal measure. Because the threshold controls misdemeanor versus felony exposure, challenging the prosecution’s valuation is one of the most critical defense strategies in every grand theft case.

Is grand theft a felony in Florida?

Yes, all grand theft charges are felonies. Third-degree ($750–$19,999) carries up to 5 years. Second-degree ($20,000–$99,999) carries up to 15 years. First-degree ($100,000+) carries up to 30 years. Every grand theft involves mandatory fingerprinting and the full weight of Florida felony consequences — which makes fighting the charge, not just the sentence, critically important to your long-term life circumstances.

Can a grand theft charge be reduced to a misdemeanor?

Yes. If the defense shows fair market value was below $750, the charge can be reduced to petit theft. Prosecutors also negotiate reductions in appropriate cases. Reduction to a misdemeanor eliminates the felony record and preserves the possibility of eventual expungement. A skilled attorney pursues value challenges aggressively and negotiates reductions when the evidence supports it.

What is grand theft auto in Florida?

Grand theft of a motor vehicle under § 812.014(2)(c)6 is a third-degree felony regardless of the vehicle’s value. Stealing any motor vehicle is a felony in Florida. Polk County law enforcement aggressively pursues vehicle theft cases, often through regional auto theft task forces using GPS tracking, bait vehicles, and sting operations.

How does the prosecution prove property value in a grand theft case?

Prosecutors use victim testimony about purchase price, replacement cost, insurance appraisals, or retail price lists. Defense attorneys challenge these with actual fair market value evidence — what a willing buyer would pay on the open market at the time of the theft. This is almost always lower than retail replacement cost. I use comparable sales, online marketplace data, expert appraisers, and depreciation analysis to establish true value and reduce the charge level when the evidence supports it.

What are the immigration consequences of a grand theft conviction?

For non-U.S. citizens, a grand theft felony can qualify as an aggravated felony under 8 U.S.C. § 1101(a)(43) if a sentence of one year or more is imposed, triggering mandatory removal from the United States with no discretionary relief available. Even if not an aggravated felony, grand theft is a crime involving moral turpitude making a non-citizen removable. Immigration consequences must be evaluated from the first moment of representation and built into every aspect of plea negotiation.

How Do Florida Courts Calculate Restitution in Grand Theft Cases?

Mandatory restitution under § 775.089 requires courts to order defendants convicted of grand theft to repay the victim for the value of property taken or damaged. In grand theft cases involving high-value property — vehicles, electronics, jewelry, agricultural equipment, business assets — the restitution amount can be as financially devastating as the criminal sentence itself. The victim’s claimed loss is not automatically accepted by the court; the defendant has the right to contest it at a restitution hearing. The standard is the same fair market value standard that applies to the theft charge: what the property was actually worth on the open market at the time and place it was taken, accounting for depreciation and condition. I contest every inflated restitution claim the same way I contest inflated valuations in the underlying charge, because reducing the restitution amount can mean tens of thousands of dollars in financial exposure for my clients in grand theft cases.

What Is the Role of Expert Witnesses in Grand Theft Defense?

Expert witnesses play an important role in grand theft cases where property value is genuinely in dispute. For vehicles, qualified vehicle appraisers or NADA/KBB data combined with vehicle condition evidence can establish a fair market value substantially below the claimed value. For electronics, jewelry, and collectibles, certified appraisers who can testify about the actual secondary market value of used goods are effective at challenging retail replacement cost claims. For agricultural equipment and specialized machinery, industry professionals with verifiable expertise in secondary market pricing can establish values the prosecution’s witnesses cannot credibly refute. I work with qualified appraisers and value experts in every grand theft case where the value is close to a sentencing threshold, because the expert’s opinion can be the difference between a felony and a misdemeanor, or between a 15-year and a 5-year maximum sentence.

How Do Grand Theft Cases Get Charged in Polk County?

Grand theft cases in Polk County are charged by the State Attorney’s Office for the 10th Judicial Circuit through a formal information filed in the circuit court. Florida Rule of Criminal Procedure 3.191‘s 175-day felony speedy-trial clock (as amended effective July 1, 2025) runs from the filing of formal charges for defendants in custody, or within a reasonable time for defendants out on bail. The charging document specifies the statutory subsection charged and the alleged value of the property, which locks in the defendant’s exposure at the time of arraignment. If the information charges first-degree grand theft but the evidence only supports third-degree, a motion for reduction in the charge level is available and should be filed early in the case. I review the charging document in every grand theft case for legal sufficiency — the state must charge with specificity, and defects in the information can be raised as early defenses.

What Happens at Arraignment for Grand Theft in Florida?

Arraignment in a grand theft case is the defendant’s formal first appearance in circuit court where the information is read and the defendant enters a plea of not guilty, guilty, or no contest. The vast majority of defendants enter not guilty pleas at arraignment, preserving all defense options while the case proceeds through discovery and pretrial motions. The arraignment date also triggers discovery obligations — within 15 days of arraignment, the state must deliver its witness list and begin producing police reports, surveillance footage, and other evidence in its possession. Early review of the discovery is essential to identifying suppression issues, valuation challenges, and identification problems before the case advances toward trial or plea negotiation. Retaining an attorney before arraignment allows the attorney to be present at arraignment and begin the discovery process from the earliest possible stage.