Theft charges in Florida range from a second-degree misdemeanor petit theft of a small amount to a first-degree felony grand theft and armed robbery carrying decades in prison. A theft conviction — even a misdemeanor — carries lasting consequences: a permanent criminal record visible to employers, professional licensing bodies, landlords, and banks. In many cases, a theft record follows a person for decades and closes doors that can never be reopened.
John Phillips personally handles criminal defense at Phillips, Hunt & Walker, including theft, burglary, and robbery charges. He has defended major criminal cases across Northeast Florida and is a recognized legal commentator on court television, providing expert analysis of significant criminal trials and cases. His command of criminal law — demonstrated both in courtrooms and on national broadcasts — is the standard of representation we bring to every theft defense case.
Phillips, Hunt & Walker defends all theft-related charges in Jacksonville and across the 4th Judicial Circuit and St. Johns County — from shoplifting to grand theft to burglary and robbery. Call (904) 444-4444) for a free consultation.
Florida Theft Law: The Basic Framework
Florida defines theft in § 812.014, Fla. Stat. as knowingly obtaining or using, or endeavoring to obtain or use, the property of another with intent to temporarily or permanently deprive the other person of the property or to appropriate the property for the defendant’s own use or the use of any person not entitled to it.
Three elements must be proven beyond a reasonable doubt: (1) the defendant obtained or used (or attempted to obtain or use) the property; (2) the property belonged to another person; and (3) the defendant acted with the intent to deprive the owner of the property. Intent is the element most frequently contested in theft defense.
Petit Theft vs. Grand Theft: The Value Threshold
Florida draws the line between petit theft and grand theft based on the value of the property taken:
Petit Theft, Second Degree — Property valued at less than $100. Second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
Petit Theft, First Degree — Property valued at $100 to less than $750. First-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
Grand Theft, Third Degree — Property valued at $750 to less than $20,000; or certain property types regardless of value (motor vehicles, firearms, stop signs, fire extinguishers, anhydrous ammonia, certain agricultural products). Third-degree felony, punishable by up to 5 years in prison.
Grand Theft, Second Degree — Property valued at $20,000 to less than $100,000; or cargo valued at $50,000 to less than $200,000. Second-degree felony, punishable by up to 15 years in prison.
Grand Theft, First Degree — Property valued at $100,000 or more; or cargo valued at $200,000 or more; or property taken from a law enforcement officer; or property causing more than $1,000 in damage to a critical public infrastructure. First-degree felony, punishable by up to 30 years in prison.
Shoplifting: Florida’s Retail Theft Statute
Retail theft (§ 812.015, Fla. Stat.) is the taking of merchandise from a retail establishment. Florida law gives retail merchants and their employees specific authority to detain a suspected shoplifter for a reasonable period to investigate. Evidence that a merchant detained you in their establishment does not necessarily mean you will be convicted of theft — the detention must be based on probable cause, and the evidence of intent to steal must be clear.
Enhanced Penalties for Retail Theft — A person who has been convicted of retail theft and commits a subsequent retail theft faces enhanced penalties regardless of the value involved: two prior retail theft convictions can result in a felony charge even for a minor additional theft. Florida also provides civil demand mechanisms for retail establishments separately from the criminal prosecution.
Organized Retail Crime — Florida’s organized retail crime provisions (§ 812.0155) create enhanced penalties when two or more people engage in theft from retail establishments with a common scheme. Prosecutors use these provisions aggressively in cases involving coordinated shoplifting groups.
Burglary in Florida
Burglary (§ 810.02, Fla. Stat.) in Florida does not require breaking and entering — it requires entering or remaining in a structure or conveyance when the person is not licensed or invited to be there, with the intent to commit an offense inside. The “remaining” language is important: a person who enters a store lawfully but remains after closing with intent to steal can be charged with burglary, not just theft.
Burglary is a serious felony in Florida. The degree depends on whether the structure was occupied at the time:
Burglary of an Unoccupied Structure or Conveyance — Third-degree felony, up to 5 years in prison.
Burglary of an Occupied Structure or Conveyance — Second-degree felony, up to 15 years in prison.
Burglary with Assault or Battery, or Armed Burglary — First-degree felony, up to life in prison.
Burglary of a Dwelling (occupied or unoccupied) — Second-degree felony, up to 15 years; first-degree felony if assault or battery occurs or if the defendant is armed.
Robbery in Florida
Robbery (§ 812.13, Fla. Stat.) is the taking of money or other property from a person when in the course of the taking there is use of force, violence, assault, or putting in fear. Robbery is categorically more serious than theft because of the confrontation with the victim.
Robbery Without a Firearm or Weapon — Second-degree felony, up to 15 years in prison.
Robbery with a Firearm or Deadly Weapon — First-degree felony, up to life in prison.
Home Invasion Robbery (§ 812.135) — Robbery occurring in a dwelling with any person present. Punishable by up to life in prison if armed; up to 30 years if unarmed. Home invasion robbery is one of the most seriously prosecuted offenses in Florida.
Defense Strategies in Theft Cases
Lack of Intent — Intent to deprive is the most commonly contested element in theft defense. Absentmindedly walking out of a store without paying — without the intent to steal — is not theft. Mistakenly believing property was your own is not theft. We investigate and present evidence bearing on the state of mind at the time of the alleged taking.
Consent or Authorization — If you had the owner’s permission to take or use the property, there is no theft. Disputes over consent arise in employer-employee theft cases, in disputes between family members, and in situations where the authority to use property is unclear.
Ownership Disputes — A genuine, good-faith belief that you owned or had a right to the property is a defense. These claims arise most often in civil disputes that have been converted into criminal charges.
Mistaken Identity — Theft investigations — particularly shoplifting cases — often rely on surveillance video. The quality of the video, the lighting, the angle, and the resolution all affect the reliability of identification. We review all surveillance footage carefully and challenge identifications that are not clearly supported by the evidence.
Constitutional Challenges — Evidence obtained through unlawful searches, seizures, or arrests is subject to suppression. In theft cases, this applies to evidence found during unlawful searches of vehicles, persons, or residences; to statements obtained in violation of Miranda rights; and to identification procedures that were unduly suggestive.
Diversion Programs — First-time theft offenders in Duval County may be eligible for diversion programs that allow charges to be dismissed upon completion of community service, restitution, and a theft prevention program. Eligibility depends on the charge, the value of the property, and the defendant’s prior record. Diversion preserves the right to have the record sealed or expunged upon completion.
What a Theft Conviction Does to Your Record — and Your Life
A theft conviction signals untrustworthiness to employers, licensing boards, and landlords. Florida’s theft enhancement statute means that prior theft convictions — even misdemeanors — can elevate subsequent theft charges to felonies. For defendants with prior theft records, the stakes of each new charge escalate dramatically.
We evaluate the expungement and sealing eligibility of every theft case we handle. Where the case can be resolved through diversion or acquittal rather than conviction, preserving the right to a clean record is a priority in our representation.
Frequently Asked Questions: Jacksonville Theft Charges
Can a petit theft conviction be expunged in Florida?
If the case was diverted and dismissed, you may be eligible for expungement after completing the diversion program. A petit theft conviction (as opposed to a dismissal) can generally be sealed after a period of time if all other statutory requirements are met and you have no other disqualifying record. We evaluate sealing and expungement eligibility as part of every theft defense.
I shoplifted but the store just told me to leave. Will I still be prosecuted?
A merchant’s decision not to call police does not prevent law enforcement from filing charges independently, though as a practical matter, most shoplifting prosecutions are initiated by merchant complaint. If you were not arrested at the scene but received a civil demand letter, the criminal case may or may not follow. Consult with us before responding to any demand.
What is the difference between robbery and theft?
Theft is the taking of property without the owner’s consent. Robbery is theft from a person using force, violence, or intimidation. You do not have to physically injure the victim to be charged with robbery — putting the victim in fear is sufficient. Robbery is a felony regardless of the value of the property taken, and the penalties are significantly more severe than for theft of the same item.
Can I be charged with burglary if the door was unlocked?
Yes. Florida’s burglary statute does not require breaking and entering — it requires entering without license or invitation with intent to commit a crime inside. An unlocked door does not give you license to enter a private structure without the owner’s permission. If you entered an unlocked home, business, or vehicle without permission and with intent to steal, burglary charges can follow.
What happens at my first court appearance for a theft charge?
At arraignment, you will be asked to enter a plea of not guilty, guilty, or no contest. In almost all cases, the appropriate plea at arraignment is not guilty — which preserves all of your rights and gives us time to review the evidence and assess your options. Entering a plea of guilty at arraignment without fully reviewing the evidence and understanding the consequences is almost never in your interest.
Phillips, Hunt & Walker | (904) 444-4444 | Jacksonville Theft Defense — Shoplifting Through Armed Robbery, All Courts