Theft and Burglary Defense in Pasco County, FL

A theft charge in Florida can range from a misdemeanor to a first-degree felony — and the difference often comes down to the assessed value of the property, your prior record, and how the charge is initially filed. At Butash Law Group, we represent clients facing petit theft, grand theft, shoplifting, burglary, and robbery charges throughout Pasco County and the surrounding area. We know the courts, we know the prosecutors, and we know where these cases can be challenged.

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How Florida Classifies Theft Charges — and Why the Level Matters

Under Florida Statute §812.014, theft offenses are graded by the value of the property alleged to have been taken. That value determines whether you're facing a misdemeanor or a felony — and a felony theft conviction can affect your employment, your professional license, your immigration status, and your firearm rights long after the case closes.

 

Here's how the charge levels break down:

 

  • Petit theft (second degree): Property valued under $100 — a second-degree misdemeanor
  • Petit theft (first degree): Property valued between $100 and $750 — a first-degree misdemeanor
  • Grand theft (third degree): Property valued between $750 and $20,000 — a third-degree felony
  • Grand theft (second degree): Property valued between $20,000 and $100,000 — a second-degree felony
  • Grand theft (first degree): Property valued over $100,000 — a first-degree felony

 

Beyond standard theft, Florida law treats shoplifting and retail theft under §812.015, burglary under §810.02 (entering or remaining in a structure with intent to commit a crime), and robbery as a separate and more serious category involving force or threat. Burglary and robbery charges carry dramatically higher penalties and require a defense strategy built around the specific facts of the entry, the intent, and the alleged use of force.

 

One detail that surprises many clients: a second petit theft conviction — regardless of the item's value — can be elevated to a felony based on prior record alone. The first offense matters more than most people realize.

Where These Charges Happen — and What We See in Pasco County Courts

Retail theft arrests in Pasco County frequently originate from loss prevention at high-traffic shopping areas along SR-54 and SR-56 in Wesley Chapel, including the Shops at Wiregrass and surrounding retail corridors, as well as Gulf View Square Mall in New Port Richey. Loss prevention staff at these locations are trained to detain and document — but their procedures, the quality of the surveillance footage they rely on, and the accuracy of their property value assessments are all subject to scrutiny.

 

Surveillance video is not automatic proof of guilt. For it to be used against you, the state must authenticate the footage, establish chain of custody, and demonstrate that the person in the video is actually you. Grainy footage, improperly stored recordings, or misidentification by store personnel have all provided grounds to challenge theft charges. We review the evidence before the state has finished building its case.

 

Defense angles we examine in every theft matter include:

 

  • Whether the surveillance footage meets authentication and chain of custody requirements
  • Whether the alleged value of the property accurately supports the charge level filed
  • Whether there is evidence of intent to permanently deprive — as opposed to temporary possession
  • Whether law enforcement conducted an unlawful search or seizure in obtaining evidence
  • Whether misidentification played a role in the arrest or charge

What a Theft Conviction Can Cost You Beyond the Courtroom

Most clients come to us focused on avoiding jail time. That concern is valid — but for many people, the collateral consequences of a felony theft conviction are the more lasting damage.

 

Florida employers and professional licensing boards treat felony theft convictions as a serious disqualifying event across a wide range of fields, including healthcare, education, real estate, finance, and contracting. A conviction can trigger license revocation, denial of renewal, or disqualification from future licensure applications. For non-citizens, a theft conviction — particularly one classified as a crime involving moral turpitude — can have immigration consequences including deportation or denial of naturalization. A felony conviction also strips firearm rights under both Florida and federal law.

 

The charge level determines the consequence. That's why we focus first on whether the charge as filed is supported by the evidence — and whether it can be reduced, diverted, or dismissed before a conviction enters the record.

Serving criminal defense Clients Across Pasco County, Lutz, FL and North Tampa

A DUI, drug charge, or domestic violence arrest moves fast in Pasco County courts. A case review with Butash Law Group gets you ahead of the game — and gives you a clarity on your next steps and what we can do to accomplish them.

Frequently Asked Questions About Theft Charges in Florida

  • What is the difference between petit theft and grand theft in Florida?

    The primary distinction is the value of the property alleged to have been taken. Petit theft covers property valued under $750 and is charged as a misdemeanor. Grand theft begins at $750 and is charged as a third-degree felony, with higher felony grades applying as the value increases. A prior theft conviction can also elevate the charge level regardless of the property's value.

  • Is shoplifting a felony in Florida?

    It depends on the value of the merchandise and your prior record. A first offense involving property under $750 is typically charged as a misdemeanor under Florida's retail theft statute. However, if the value meets or exceeds $750, or if you have a prior theft conviction, the charge can be filed as a felony. Multiple retail theft incidents can also be aggregated to reach a felony threshold.

  • What is the penalty for burglary in Florida?

    Burglary under §810.02 is a felony in all forms. An unoccupied structure typically results in a third-degree felony charge. Burglary of an occupied dwelling or structure is a second-degree felony. If the offense involved assault, battery, or a weapon, it can be charged as a first-degree felony carrying up to life in prison. The specific facts of the entry and what occurred inside are critical to how the charge is graded and how it is defended.

  • Can a theft charge affect my professional license in Florida?

    Yes. Many Florida licensing boards — including those governing healthcare workers, real estate agents, contractors, and financial professionals — require disclosure of criminal charges and convictions. A felony theft conviction is treated as a serious event that can result in license suspension, revocation, or denial. A charge that resolves through diversion, reduction to a lesser offense, or dismissal typically carries far less licensing risk than a conviction, which is one reason the outcome of the case matters as much as the charge itself.

  • Can I fight a theft charge if there is surveillance video?

    Yes. Surveillance footage must be authenticated, properly preserved, and accurately attributed to the person charged — none of which is guaranteed. Courts have excluded footage that failed chain of custody requirements or could not be reliably linked to the defendant. Beyond admissibility, even properly admitted video may not establish every element the state must prove, including intent to permanently deprive. Video evidence is a starting point for the defense, not the end of the analysis.