What’s the Difference Between Felony and Misdemeanor Shoplifting (Theft) Penalties in Florida?

A shoplifting charge in Florida can follow you for years, affecting your job, housing, and reputation. What many people don’t realize is that the difference between a misdemeanor and a felony can depend on the value of the property, prior theft convictions, and other circumstances specified by Florida law. Understanding how Florida law classifies theft charges, and what penalties come with each level, is the first step toward making informed decisions about your case.

How Does Florida Define Shoplifting and Theft?

Florida treats shoplifting as theft under Chapter 812 of the Florida Statutes, covering anyone who knowingly takes property to deprive the owner of it.
Florida does not use the term “shoplifting” as the name of a separate criminal offense, but Florida Statutes § 812.015 specifically addresses retail theft and related shoplifting conduct. The law covers anyone who knowingly obtains or uses another person’s property with the intent to deprive them of it, either temporarily or permanently.
Retail theft specifically is addressed in § 812.015, which includes taking merchandise, altering price tags, transferring items between containers, and removing shopping carts from a store’s premises. Both statutes work together when prosecutors build a shoplifting case.

What Determines Whether a Charge Is a Misdemeanor or a Felony?

In Florida, the value of stolen property is the primary factor that separates a misdemeanor theft charge from a felony theft charge.
Florida law generally uses the value of the stolen property to classify the charge. For retail theft, Florida law specifically defines the value of merchandise based on its sale price at the time it was stolen or otherwise removed. Here is how the tiers currently break down under § 812.014:

• Second-Degree Misdemeanor: Property valued at less than $100. Punishable by up to 60 days in jail and a $500 fine.
• First-Degree Misdemeanor: Property valued at $100 or more but less than $750. Punishable by up to one year in jail and a $1,000 fine.
• Third-Degree Felony: Property valued at $750 or more but less than $20,000. Punishable by up to five years in prison and a $5,000 fine.
• Second-Degree Felony: Property valued at $20,000 or more but less than $100,000. Punishable by up to 15 years in prison and a $10,000 fine.
• First-Degree Felony: Property valued at $100,000 or more. Punishable by up to 30 years in prison and a $10,000 fine.

These thresholds come directly from Florida Statutes § 812.014, and they apply regardless of whether the theft occurred at a large retailer or a small local shop.

Does Prior Theft History Affect the Charge?

Yes. Florida law can elevate a misdemeanor theft charge to a felony if the defendant has two or more prior theft convictions.
Prior convictions matter significantly in Florida theft cases. Under § 812.014(3)(c), a person who commits petit theft and has two or more prior theft convictions commits a third-degree felony, even if the value of the property would otherwise result in a misdemeanor. This enhancement is one of the most serious consequences of having a theft record, and it is one reason why fighting even a minor shoplifting charge matters.

What Are the Collateral Consequences Beyond Jail and Fines?

A theft conviction in Florida, even a misdemeanor, can damage your employment prospects, immigration status, and civil rights in ways that outlast the sentence.
Criminal penalties are only part of the picture. A theft conviction, even at the misdemeanor level, is considered a crime of dishonesty. Employers, landlords, and licensing boards treat it seriously. A felony conviction can also have significant consequences for voting eligibility and firearm possession, although the specific consequences can depend on the offense, the person’s circumstances, and applicable state and federal law.
For non-citizens, a theft conviction carries particular risk. Under federal immigration law, certain theft convictions can create immigration consequences, including potential inadmissibility or removability, depending on the specific offense, sentence, immigration status, and other circumstances. If you are not a U.S. citizen facing a shoplifting charge in Polk County, the stakes are even higher.
Florida law also provides a separate civil remedy for theft under § 772.11. Before filing a civil action, the person claiming injury generally must send a written demand for $200 or the amount of treble damages, and the recipient has 30 days to comply with the demand for a release from further civil liability for that specific act of theft.

Can a Shoplifting Charge Be Reduced or Dismissed?

Florida offers diversion programs and other legal options that, in qualifying cases, may result in a reduced charge or dismissal without a conviction on your record.
Florida’s Pre-Trial Intervention (PTI) program may be available to qualifying defendants, including some first-time offenders. Depending on the program requirements and the circumstances of the case, participants may be required to complete community service, pay restitution, and satisfy other conditions. Successful completion may result in the charge being dismissed rather than a conviction being entered.
Defense strategies can also include challenging the valuation of the property, disputing intent, or questioning the legality of the stop or detention. Under § 812.015(3), a merchant or merchant’s employee may take a person into custody or detain the person under specified circumstances, but the detention must comply with the requirements of the statute, including requirements concerning the manner and duration of the detention. If law enforcement or store personnel exceeded those limits, evidence may be suppressible.
Every case is different, and outcomes depend on the facts, the evidence, and how aggressively the case is defended.

Facing a Shoplifting Charge in Bartow? Talk to The Law Firm of Gil Colón, Jr.

A shoplifting charge demands a serious, experienced response. The Law Firm of Gil Colón, Jr. has represented clients in Polk County criminal courts for 35 years, appearing before local judges on a daily basis. Our office sits two blocks from the Bartow courthouse, and we are one of only three local Hispanic law firms in the area, offering fully bilingual and bicultural representation for Spanish-speaking clients.
Whether you are facing a misdemeanor or a felony theft charge, we are ready to evaluate your case and explain your options clearly. Contact us or call 863-622-9602 to schedule a consultation today.