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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.

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How Florida Classifies Theft Charges - and Why the Level Matters

Attorney Michael G. Butash, Butash Law Group

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

What Do Our Clients Say?

Emely Rosas ★★★★★
I can’t thank my lawyer enough for the outstanding job they did handling my DUI case. From the very beginning, they were professional, knowledgeable, and honest about the entire process. They kept me informed every step of the way, answered all my questions, and made a stressful situation much easier to deal with. What impressed me most was their dedication and attention to detail. They truly fought for the best possible outcome and treated me with respect the entire time.Thanks to their hard work and experience, my case was resolved better than I expected, If you’re looking for an attorney who genuinely cares about their clients and knows how to get results, I highly recommend mike!
Emely Rosas
Amelia Cozzolino ★★★★★
Working with Mike and his team was a great experience. Mike is knowledgeable, professional, and truly cares about his clients. He took the time to explain everything clearly and made sure I felt confident throughout the entire process. I also want to give a special thank you to Stephanie, his paralegal, who was absolutely excellent. She was always responsive, organized, and went above and beyond to keep everything moving smoothly. Her communication made a stressful situation so much easier. I’m very grateful for everything they did for me and would highly recommend Mike and his team to anyone needing legal help.
Amelia Cozzolino
Tanya Rais ★★★★★
I cannot say enough good things about Mike Butash and his team. If I could give more than five stars, I absolutely would. They have truly been a lifeline for me during one of the most difficult and emotional periods of my life. Navigating a high-conflict divorce is overwhelming, but they were the steady voice of reason through it all. When things became complicated or stressful, they brought clarity, logic, and a clear path forward. Mike, Mimi, and the entire staff have supported me every step of the way. They fought for me, kept me informed, and always made sure I understood both the process and possible outcomes-good or bad. That level of honesty and transparency meant everything. Even during moments when I felt frustrated or emotional, they remained patient, professional, and genuinely supportive. Even though my journey isn’t completely over, I feel confident knowing I’m in the best hands. I recommend them to anyone who needs not just an attorney, but a team that truly stands by you.
Tanya Rais
Margarita Vazquez ★★★★★
I am incredibly grateful for the outstanding legal representation I received. My case lasted over a year, and throughout the entire process, Mr. Butash was professional, knowledgeable, and consistently responsive. He took the time to explain every step clearly, kept me informed, and always made me feel supported. His dedication and attention to detail truly made a difference, and I couldn’t be happier with the outcome. I highly recommend Butash Law Group to anyone looking for a reliable and trustworthy attorney. Thank you so much again Mike!
Margarita Vazquez

Why Choose Butash Law Group for Theft Defense?

What to Expect When You Hire a Theft Defense Lawyer

Step 1: Free Initial Consultation

Contact Butash Law Group at (813) 341-2232 to schedule a complimentary consultation where your dispute is reviewed and your legal options are explained. This no-obligation meeting helps establish whether your matter has merit and what strategy may best protect your interests.

Step 2: Case Evaluation & Strategy

Every theft defense matter is individually assessed based on its unique facts, applicable Florida law, and the client's goals. The firm identifies fee-recovery opportunities, evaluates litigation risk, and recommends the most advantageous pathmediation, negotiated settlement, or trial.

Step 3: Pre-Litigation Negotiation & Mediation

Where appropriate, Butash Law Group pursues pre-suit negotiation or formal mediation to resolve disputes efficiently and cost-effectively before court proceedings begin. A timely mediated resolution can preserve business relationships and significantly reduce overall litigation expense.

Step 4: Discovery & Evidence Building

If litigation proceeds, the firm actively manages all phases of discoveryincluding interrogatories, document requests, depositions, and subpoenasto build the strongest possible evidentiary record. Disputes over privilege, production scope, or non-party subpoenas are handled promptly to keep the case moving forward.

Step 5: Trial or Final Resolution

When settlement terms are inadequate or trial is in the client's best interest, Butash Law Group is fully prepared to argue the case before a judge or jury in Florida state or federal court. The firm pursues every available remedy to achieve the most favorable outcome possible for each client.

Serving Pasco, Hillsborough, Hernando & Pinellas Counties

Butash Law Group serves theft defense clients throughout Pasco, Hillsborough, Hernando and Pinellas counties, including Lutz, Wesley Chapel, Land O’ Lakes, Dade City and Tampa. Whether your dispute arises locally or involves parties across the region, the firm provides experienced, responsive representation close to home.

Explore Our Other Practice Areas

Butash Law Group represents Tampa Bay clients across a full range of legal matters.

Frequently Asked Questions

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.

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.

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.

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.

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.

Answer: Theft is a criminal offense occurring when someone unlawfully takes another person's property without permission. Florida law classifies theft by property value: misdemeanor charges apply to property valued at $300 or less, while felony charges apply to property exceeding $300.

Florida's theft statutes encompass numerous criminal acts beyond simple shoplifting, including identity theft, credit card fraud, grand theft auto, and embezzlement. The severity of charges depends on the dollar amount involved and the type of property stolen, directly affecting sentencing exposure and collateral consequences.

  • Misdemeanor theft charges involve property valued at $300 or less in Florida
  • Felony theft charges apply to property valued above $300
  • Additional factors such as prior convictions can elevate charges to higher felony levels

Helpful next step: If you face theft charges in Florida, understanding the specific classification and value threshold determining your offense level is critical to your defense strategy. Contact us

Answer: Florida recognizes multiple theft crime categories, including petty theft, grand theft, grand theft auto, credit card theft, identity theft, shoplifting, forgery, robbery, armed robbery, burglary, and embezzlement. Each classification carries distinct penalties and legal procedures based on the nature of the property and method of taking.

White-collar crimes like embezzlement involve unlawfully taking employer funds or assets during employment, often discovered through accounting audits. Violent theft crimes such as armed robbery carry significantly harsher sentences than non-violent property offenses, with mandatory minimum prison terms in many cases.

Helpful next step: Determining which specific theft charge applies to your situation requires detailed case analysis and knowledge of Florida statutes. Contact us

Answer: Florida prosecutors classify theft charges based primarily on the fair market value of stolen property. Property valued at $300 or less results in misdemeanor charges, while property exceeding $300 triggers felony charges. Prior convictions, weapon involvement, and victim vulnerability also escalate offense levels.

The valuation process involves determining the fair market value at the time of the theft, not the replacement cost. Prosecutors may aggregate multiple theft incidents within a specific timeframe to reach felony thresholds, substantially increasing criminal exposure and sentencing ranges.

  • Fair market value of stolen property is the primary determining factor for charge classification
  • Multiple theft incidents may be combined to exceed felony thresholds
  • Prior theft convictions can automatically elevate charges to higher felony levels regardless of property value

Helpful next step: Understanding how prosecutors value your alleged theft and aggregate charges requires immediate consultation with a criminal defense professional. Contact us

Answer: Theft involves unlawfully taking property without the owner's permission, while robbery requires force, threat, or intimidation during the taking. Robbery constitutes a violent felony crime carrying substantially longer prison sentences than non-violent theft, often with mandatory minimum terms of five years or more.

The critical distinction centers on whether the defendant used or threatened physical force against another person. Armed robbery, involving a weapon during the offense, carries the most severe penalties, including potential 20-year mandatory minimums under Florida's armed robbery statute.

  • Theft is a property crime without force or threat components
  • Robbery involves force, threat, or intimidation against a person during taking
  • Armed robbery escalates penalties with mandatory minimum prison sentences significantly exceeding unarmed robbery

Helpful next step: If you face robbery allegations, distinguishing your conduct from theft classifications can dramatically impact your sentencing exposure and defense options. Contact us

Answer: Theft charges may be dismissed through successful legal motions challenging evidence admissibility, probable cause, or constitutional violations. An experienced criminal defense attorney negotiates with prosecutors to obtain charge reductions or dismissals, particularly when evidence is weak, illegally obtained, or procedurally defective.

Dismissals occur when prosecutors cannot establish guilt beyond a reasonable doubt or when Fourth Amendment violations contaminate the evidence. Experienced criminal defense representation from case onset improves negotiation leverage with both prosecutors and judges throughout the legal process.

  • Suppression motions may eliminate illegally obtained evidence, weakening the state's case
  • Prosecutorial discretion allows charge reductions in exchange for guilty pleas or cooperation
  • Lack of probable cause can result in case dismissal before trial proceedings commence

Helpful next step: Early intervention by a criminal defense attorney maximizes opportunities to challenge evidence and negotiate favorable outcomes. Contact us

About Mike Butash
MEET MIKE BUTASH

A Former Prosecutor Who Knows Both Sides

Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit in Pinellas and Pasco Counties, where he prosecuted everything from misdemeanors to the most serious felonies. Today he uses that insider experience to defend clients across Tampa Bay. With more than three decades of practice, lead counsel in over 40 jury trials, and thousands of cases handled, Mike brings the kind of courtroom judgment that only comes from years on both sides of the aisle.

40+ jury trials as lead counsel | 30+ years practicing | Thousands of cases

Talk to a Theft Defense Attorney Today

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