Criminal Defense
Since 1993
Since 1993
Florida Theft & Shoplifting Laws: The Current Felony Threshold
By: John Guidry II
After practicing criminal defense in Florida for over 32 years, I can tell you it’s rare that we get good news from the legislature. The punishments almost always seem to get worse. But in October of 2019, we got a major, positive change to the law regarding theft—and it’s a change that benefits defendants to this day.
The law made it harder for prosecutors to charge you with a felony for shoplifting. Here’s how it works.
Charged with Petit Theft or Grand Theft in Orlando? The value of the property is the single most important factor in your case. Call my office to discuss the charges and your defense. Call John Guidry: (407) 423-1117
The Old Law vs. The Current Law: A Major Shift
For decades, Florida law was harsh and outdated. If you stole something valued at over $300—a small purse, a few items of clothing—you were charged with Grand Theft. This is a third-degree felony, landing you in circuit court and facing up to 5 years in prison.
The new law, which is now the current standard, raised that threshold significantly.
- The Current Felony Threshold: To be charged with Grand Theft today, the value of the items must be $750 or more.
This was a beautiful and welcome change, preventing many minor shoplifting cases from becoming life-altering felonies.
Understanding Florida’s Current Petit Theft Levels
With the felony threshold raised to $750, the law now breaks down misdemeanor petit theft (shoplifting) into two distinct levels based on value.
Petit Theft (Second-Degree Misdemeanor) This is the lowest-level theft charge.
- Value: Property valued at under $100.
- Maximum Penalties: Up to 60 days in jail, 6 months of probation, and a $500 fine.
Petit Theft (First-Degree Misdemeanor) This is the more serious misdemeanor charge.
- Value: Property valued between $100 and $749.99.
- Maximum Penalties: Up to 1 year in jail, 1 year of probation, and a $1,000 fine.
Why This Change Still Matters for Your Defense
This change in the law was excellent news, as it’s much harder for someone to accidentally rack up $750 in stolen goods compared to the old $300 limit. However, any theft charge is still a serious matter that can impact your future. An experienced attorney can challenge the valuation of the items and fight to ensure you are not overcharged.
If you are facing any theft charge in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s discuss the specifics of your case and build the strongest possible defense.or today, that’s my update for today.
I have several great videos addressing shoplifting and petit theft issues here in Central Florida, check out “Caught Shoplifting? Here’s What You Must Do Immediately” and “Caught Shoplifting at the Self-Checkout? Here’s What You Need to Know.”
About the Author, 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.