Florida Shoplifting Charges Explained: A Guide to Petit & Grand Theft

By: John Guidry II

In Florida, a “shoplifting” charge is not a generic crime. The official charge you face, and the severity of the penalties, depends on two key factors: the dollar value of the items allegedly stolen, and your prior criminal record. The charge can range from a minor misdemeanor to a serious, prison-level felony.

As an attorney defending clients against theft accusations in Central Florida since 1993, I want to break down these crucial differences for you.

Charged with Shoplifting in Orlando? The specific charge you face makes a huge difference. Call my office to understand the potential penalties and your best defense. Call John Guidry: (407) 423-1117

Factor 1: Charges Based on the Value of the Goods

When you have no prior theft convictions, the charge is determined by the value of the merchandise.

• Under $100 (Petit Theft, 2nd Degree Misdemeanor): This is the lowest level. The maximum penalty is 60 days in jail, 6 months of probation, and a $500 fine.
• $100 to $749.99 (Petit Theft, 1st Degree Misdemeanor): This is a more serious misdemeanor. The maximum penalty is 1 year in jail, 1 year of probation, and a $1,000 fine.
• $750 or More (Grand Theft, 3rd Degree Felony): The moment the value hits $750, the charge becomes a felony. The maximum penalty is 5 years in prison, 5 years of probation, and a $5,000 fine.

Factor 2: Charges Enhanced by a Prior Record

This is where people get into serious trouble. Florida law allows prosecutors to “enhance” a new theft charge based on your past convictions, regardless of how little the new item is worth.

Let’s use an 89-cent pack of gum as an example:

• With One Prior Theft Conviction: Stealing that pack of gum is no longer a second-degree misdemeanor. It is enhanced to a first-degree misdemeanor, punishable by up to a year in jail.
• With Two or More Prior Theft Convictions: Stealing that same pack of gum becomes a third-degree felony, punishable by up to 5 years in prison.

A Stern Warning for Orange County: The “Third Strike” Felony

This “third strike” felony theft is probably the worst form of shoplifting because of the “stupid tax” that comes with it. I can tell you there is a judge in Orange County who religiously sentences people to two or three years in prison for this exact type of charge. You do not want that to happen to you.

No matter the circumstances, I hope you get good representation on your shoplifting case. If you’re accused of petit theft here in Central Florida, we have been defending these accusations since 1993. We handle cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia County. Just give our office a call; I’m sure we can help out.

Watch on YouTube: Shoplifting and Petit Theft in Florida

For more information on a related topic, you can watch my detailed video “Shoplifting and Petit Theft in Florida.”

Author Bio: John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.