In Florida and many other states, theft charges are not one-size-fits-all. The severity of the charge and potential penalties can vary significantly based on several factors.
Generally, theft can lead to either a misdemeanor or a felony charge. If you are facing accusations of such a crime, understanding the distinctions between these two charges can make a huge difference in your strategy moving forward.
How the court charges theft crimes
Prosecutors consider several factors when laying charges on someone accused of theft. These typically include:
- The value of the property stolen: The value of the property stolen is usually the main determining factor in whether someone will face a misdemeanor or a felony charge. If the value is less than $750, it is a misdemeanor or petit theft charge. If the value is greater than $750, the charge is a felony or grand theft.
- Type of property stolen: Certain items can elevate a charge in Florida such as a firearm or equipment from a police department or emergency medical facility.
- Method of theft: How the item was stolen can also change a misdemeanor to a felony. For example, using a motor vehicle to assist the theft can bump up the charge to a felony.
Other factors can also apply, such as the victim’s characteristics, the location of the theft and whether other people are involved.
The differences in penalties
Another major difference between misdemeanor and felony theft charges is the penalties assigned to each category and degree.
Misdemeanors can either be first or second degree:
- Second degree: Property value is less than $100; up to 60 days in jail and/or a $500 fine.
- First degree: Property value is $100 to $750; up to one year in jail and/or a $1,000 fine.
Felonies fall into three different degrees and have more serious consequences.
- Third degree: Property value is $750 to $20,000; up to five years in prison and/or a $5,000 fine.
- Second degree: Property value is $20,000 to $100,000; up to 15 years in prison and/or a $10,000 fine.
- First degree: Property value is $100,000 and above; up to 30 years in prison and/or a $10,000 fine.
Facing criminal charges can be a terrifying experience for anyone. That said, having an experienced criminal defense attorney can help you breathe easier knowing someone is fighting for your case. Remember, you don’t have to do this alone.