The Difference Between Petit Theft and Grand Theft in Florida (and Why It Matters)

When most people think about theft charges, they assume all charges are the same. However, when you are arrested for petit theft versus grand theft in Florida, the difference is dramatic. Petit theft can mean a misdemeanor and a fine; grand theft can mean a felony, jail or prison time, and a criminal record that can haunt you for the rest of your life.

If you were arrested in Seminole County for shoplifting, accidentally taking property during a misunderstanding, or being accused of stealing something that you didn’t intend to take, here’s what you need to know about the difference between petit theft and grand theft, and why the property value matters so much.

What Is Petit Theft?

Petit theft is the lesser of the two charges and usually refers to property worth less than the amount that would trigger a felony. Petit theft is often charged in situations like:

• Shoplifting from a store
• Items placed in a bag or cart by mistake
• Failure to return a borrowed item
• Property taken in confusion or panic

Petit theft is still a crime, and although it is a misdemeanor, it will appear on your criminal record when an employer or landlord does a background check.

What Is Grand Theft?

Grand theft is a much more serious charge because it is a felony. It is property worth more than the misdemeanor threshold. Once the dollar amount of the property value is above a certain limit, Florida law considers the offense a felony — regardless of whether the item was damaged, even if it was returned, and even if the person had no intention of selling it.

Felony charges can include:

• Harsher penalties
• Longer-lasting consequences
• Limitations on your ability to seal or expunge the record

Felony convictions can follow people for life, and for many, the felony label is far more damaging than the actual penalty.

Why the Value of the Property Matters

The entire distinction between petit theft and grand theft hinges on the value of the property. The higher the value, the higher the charge.

In other words, two people could commit the same act, one would walk away with a misdemeanor while the other gets a felony, simply because of the price tag.

Scenario: The “Just Grabbed It” Case

A person is walking through a store in Seminole County and absentmindedly pockets a pair of sunglasses without paying. They head outside, and the loss prevention officers stop them. The sunglasses were worth less than the threshold, so they are charged with petit theft — a misdemeanor.

Another person goes into the same store and grabs a designer handbag that is worth more than the felony threshold. Same behavior, same exit, but now it’s grand theft. The difference isn’t the act, it’s the value.

For this reason, prosecutors focus heavily on receipts, price tags, or “estimated value.”

How Value Gets “Inflated”

The other thing many people don’t know is that the value is not always obvious. Police or stores often:

• Use the highest possible retail price, not the sale price
• Count on items or packaging as part of the value
• Use the “replacement cost” instead of what the store paid
• Reference online price listings, which may not be based on the actual condition of the property

Value can be critical because if set even a dollar above the felony threshold, the entire case can be treated as a felony, even if the item is used, damaged, or has missing parts.

A skilled criminal defense attorney can fight that value, and sometimes reduce the charge from grand theft down to petit theft.

Scenario: Borrowed or Misunderstood Property

A common problem is when someone is accused of theft after “borrowing” something or taking property during a misunderstanding. An example:

You help a friend move and mistakenly load the wrong item into their truck, thinking it belongs to them. Later, someone accuses you of theft. Even though you had no intention to steal, you can still be charged with theft.

Misunderstandings can escalate very quickly if the property is worth a lot — furniture, electronics, tools, or even construction equipment.

Intent Matters — but It Must Be Proven

Florida law requires the state to prove that you intended to take property without permission. However, the prosecutor may try to use:

• Security footage showing you in possession of the property
• Statements made during the stop
• The fact that the property was found on or near you

Intent is not always what it seems on the surface. Many cases involve panic, confusion, or simply forgetfulness.

Collateral Consequences (What Most People Don’t Expect)

The biggest surprise for defendants is not always the fine or the risk of jail. It’s the lifelong impact.

A theft conviction can affect:

• Employment opportunities
• Professional licenses
• Housing applications
• Background checks
• Immigration status (if you are not a citizen)
• Security clearances

Felony theft is especially damaging because it can make a person appear “dishonest.” Employers consider that very differently from other types of charges.

Can a Theft Charge Be Reduced?

In many cases, yes. Defense attorneys can challenge the value, contest the evidence, or argue there was no intent to steal. When successful, the case may be:

• Reduced from a felony to a misdemeanor
• Dismissed for lack of proof
• Resolved through diversion
• Made eligible for sealing or expungement later

A theft case is not “set in stone” simply because the police used a certain value on the arrest report.

What Prosecutors Look at When Deciding How To Proceed

In Seminole County, many factors go into a prosecutor’s decision on petit theft and grand theft cases, such as:

• The defendant’s criminal history (if any)
• The value of the property
• Whether the property was recovered
• Location of the incident and method
• Whether force or threats were used
• Video or physical evidence
• Whether the defendant made any statements

The earlier a defense attorney gets involved, the more options there are to fight the charge.

Defenses That May Apply

The following are common defenses in theft cases:

• No intent to steal
• Mistake or misunderstanding
• Misidentification
• Wrongful accusation
• Property actually belonged to the defendant
• Value was incorrectly calculated
• Illegal search or seizure
• Lack of evidence that the defendant took the item

Not every theft case is what it appears to be at first. Many cases start as misunderstandings and only “become criminal” once the police are involved.

Don’t Try To Go It Alone — Let a Knowledgeable Criminal Defense Attorney Help

The distinction between petit theft and grand theft in Florida is mostly based on value, but that can completely change someone’s life. A misdemeanor might mean probation and fines, while a felony can affect employment, housing, and basic rights for years and years to come.

If you were charged in Seminole County, understanding the charge is the first step, and challenging it is the next. Contact a criminal defense attorney today for immediate assistance.