How to Fight a Theft Charge in Florida (2026)

Updated October 22, 2026

If you were arrested at a store, accused by an employer, or charged after a dispute over property, the charge on the paperwork is only the State’s opening number. The real case is about intent and value, and both can be challenged. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have spent more than 25 years in Hillsborough County courtrooms, including more than 150 jury trials to verdict. Our attorneys defend petit theft, retail theft, and grand theft charges across Hillsborough, Pinellas, and Pasco Counties.

This guide covers what the State must prove, the penalty thresholds, the 2024 changes, how value is proven and challenged, retail theft and civil demand letters, and the diversion programs available in Hillsborough County.

What does the State have to prove in a Florida theft case?

The State must prove that you knowingly obtained or used someone else’s property with intent to deprive the owner of it. Under section 812.014, Florida Statutes, “A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Three elements are usually in play: that the property belonged to someone else, that you knew it, and that you intended to deprive the owner. A self-checkout mistake, a borrowed item, or a dispute between business partners can each defeat intent. Our attorneys at The Brancato Law Firm look for the innocent explanation first, because it is often the true one.

What are the penalties for theft in Florida?

The value of the property decides the degree. The table below reflects section 812.014 as it reads in 2026.

The maximums come from section 775.082, Florida Statutes and section 775.083, Florida Statutes. Certain property is grand theft at any value, including a firearm, a motor vehicle, a will, a stop sign, and any amount of a controlled substance. Our Hillsborough County criminal defense attorney team checks whether the State charged the right tier before anything else.

What changed in Florida theft law in 2024?

Florida’s 2024 theft law, chapter 2024-69, Laws of Florida, took effect October 1, 2024 and made three changes that still apply in 2026:

1. Theft from a home. Taking $40 or more from a dwelling or its unenclosed curtilage is now a third-degree felony. The old threshold was $100. Theft of less than $40 from a dwelling is a first-degree misdemeanor.
2. Porch theft. Theft from more than 20 dwellings is a second-degree felony.
3. Retail theft. The window for adding up retail thefts grew from 30 days to 120 days, and organizing a theft through social media with five or more people became a second-degree felony.

No later amendment has changed section 812.014. Our attorneys at The Brancato Law Firm check the date of the alleged theft, because a case from before October 1, 2024 is governed by the older thresholds.

How does the State prove the value of stolen property?

With evidence of fair market value at the time of the theft. Section 812.012(10), Florida Statutes defines value as “market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.” If no minimum value can be proven, “the value is an amount less than $100.”

The leading case is Negron v. State, 306 So. 2d 104 (Fla. 1974), where the Florida Supreme Court held that value “must be established by the State beyond and to the exclusion of every reasonable doubt,” and that “testimony as to the cost of stolen property is insufficient in itself to establish the value.” The Court listed four factors: original market cost, how the property was used, its condition, and “the percentage of depreciation.”

The Second District applied Negron to a Hillsborough County case this year. In Russell v. State, No. 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026), the owner testified to purchase prices, dates, use, and condition, “But there was no testimony about the percentage of depreciation or fair market value of the items.” The court reduced the conviction to second-degree petit theft. In T.V.U. v. State, 403 So. 3d 389 (Fla. 2d DCA 2025), a Pinellas case, the court reversed a theft finding because the only evidence of the amount came from a computer printout that was never admitted into evidence. These are the details our attorneys at The Brancato Law Firm press in every grand theft case. Our post on how the State proves value in a Florida grand theft case goes deeper.

Is a good-faith belief that the property was yours a defense?

Yes. Florida courts recognize a claim of right. In Owens v. State, 866 So. 2d 129 (Fla. 5th DCA 2004), the Fifth District quoted the rule that “In all cases where one in good faith takes another’s property under claim of title in himself, he is exempt from the charge of larceny, however puerile or mistaken the claim may in fact be…. Still, if the claim is dishonest, a mere pretense, it will not protect the taker.” The court found trial counsel ineffective for failing to properly request the instruction.

The claim must be honest, not reasonable. Disputes over a car bought for scrap, tools left at a job site, or money owed between partners often fit this defense. In one of our cases, a client accused of stealing a car he had bought for scrap was found not guilty after we showed the jury he purchased it legitimately.

What inferences can the State use in a theft case?

Two statutory inferences come up often. Under section 812.022, Florida Statutes, “proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.” A purchase or sale “at a price substantially below the fair market value, unless satisfactorily explained,” creates the same inference.

The words “unless satisfactorily explained” are the defense. A receipt, a seller’s name, a text message, or a believable account of how the item was acquired can answer the inference. When the State charges both theft and dealing in stolen property, section 812.025, Florida Statutes allows a guilty verdict on one or the other, “but not both.”

What is retail theft, and what is a civil demand letter?

Retail theft is shoplifting. Section 812.015, Florida Statutes covers taking merchandise, changing a price tag, switching containers, or removing a cart “with intent to deprive the merchant of possession, use, benefit, or full retail value.” A merchant with probable cause may detain a suspect “in a reasonable manner for a reasonable length of time” and must call police. Resisting a merchant’s effort to recover property is a separate first-degree misdemeanor. Retail thefts totaling $750 or more within 120 days can be charged together as a third-degree felony.

The civil demand letter is separate from the criminal case. Under section 772.11, Florida Statutes, a store may demand $200 or three times its actual damages before filing a civil suit, and a person who pays within 30 days receives a written release from further civil liability for that act. Paying the demand does not resolve the criminal charge, and the statute does not require a criminal conviction. Talk to a lawyer before responding.

One persistent myth is worth correcting. Since October 1, 2019, Florida law no longer allows a court to suspend an adult’s driver license for a petit theft conviction. Section 812.0155, Florida Statutes now applies only to people under 18, as an alternative sentence. The one exception for adults is theft of gasoline by driving off without paying, which still carries a mandatory license suspension under section 812.014(5).

How common are theft arrests in Hillsborough County?

Less common than they were a decade ago. FDLE arrest data published by Florida Health CHARTS show 3,395 larceny arrests in Hillsborough County in 2025, down from 6,358 in 2016, a 47% drop. Statewide, Florida recorded 48,932 larceny arrests in 2025. These counts include only physical arrests, so many petit theft cases handled by a notice to appear are not in them.

Retailers report a different trend. The National Retail Federation, an industry group, reported in The Impact of Retail Theft & Violence 2024 that average shoplifting incidents among surveyed retailers rose 93% from 2019 to 2023. The Council on Criminal Justice reported in its Crime Trends in U.S. Cities: Year-End 2025 Update that reported shoplifting was 10% lower in 2025 than in 2024 across the cities it tracks.

Can theft charges be dropped or reduced in Florida?

Yes. The most common paths are a value challenge that moves the case below a felony threshold, an intent defense, a suppression issue, pre-file advocacy before charges are filed, and diversion for first-time offenders. The Hillsborough State Attorney’s Office lists an Adult Pre-Arrest Diversion Program (APAD) for “an eligible misdemeanor offense” and a Misdemeanor Intervention Program (MIP) for first-time offenders on its programs page. The office does not publish a list of eligible charges, but in our experience first-time petit theft cases are often considered.

Research supports diversion for low-level cases. A study in the Quarterly Journal of Economics by Agan, Doleac, and Harvey, Misdemeanor Prosecution (2023), found that not prosecuting a marginal nonviolent misdemeanor defendant reduced the likelihood of a new criminal complaint within two years by 53%, with the largest effects for people with no prior record.

Some theft cases are also charged too high. A struggle with a loss prevention officer can be charged as robbery under section 812.13, which requires force during the taking. When the force happened only during the merchant’s effort to recover the goods, the robbery charge may not hold.

Real results in theft cases

Past results do not guarantee future outcomes. More results are on our case results page.

What should you do after a theft or shoplifting arrest?

Take four steps:

1. Do not make statements. Loss prevention officers and police often ask about other incidents; say you want a lawyer.
2. Do not sign anything at the store, including admissions or payment agreements.
3. Preserve your evidence. Receipts, bank records, texts, and your own photos can prove ownership or purchase.
4. Call a lawyer before the first court date. Diversion and pre-file options close quickly, and surveillance video is often overwritten.

For related charges, see our guides on robbery in Florida, burglary in Florida, and dealing in stolen property.

Frequently asked questions about theft charges in Florida

Can theft charges be dropped in Florida?

Yes. Theft charges can be dropped when the State cannot prove intent or value, when evidence is suppressed, or after completion of a diversion program. The Brancato Law Firm contacts the prosecutor early, often before the case is formally filed, with the receipts, video, or witness statements that change the picture.

Is shoplifting a felony in Florida?

Usually not. A single shoplifting incident under $750 is a misdemeanor, but it becomes a felony when the value is $750 or more, when thefts within 120 days are added together, or when the person has two or more prior theft convictions. Our attorneys at The Brancato Law Firm check every prior and every aggregation the State relies on, as explained on our Hillsborough County criminal defense page.

Do I have to pay a civil demand letter after shoplifting in Florida?

You are not required to pay it to resolve the criminal case, and paying does not make the charge go away. Section 772.11 lets the store demand $200 or triple damages before suing, and The Brancato Law Firm reviews the letter with you before you respond.

Will a petit theft suspend my driver license in Florida?

Not for an adult, except for a gas drive-off. Since October 1, 2019, section 812.0155 allows a license suspension for theft only for people under 18, and our attorneys at The Brancato Law Firm explain how the rule applies to your record.

Can a first-time petit theft charge be resolved without a conviction?

Often, yes. Hillsborough County’s diversion programs, including APAD and the Misdemeanor Intervention Program, can end in no charges or a dismissal with State Attorney approval. The Brancato Law Firm negotiates entry and makes sure the dismissal happens, and you can learn about representation before charges are filed.

What if I forgot to scan an item at self-checkout?

Then the State may not be able to prove intent, which theft requires. Our attorneys at The Brancato Law Firm gather the receipt, the transaction record, and the store video to show what really happened.

Talk to our Tampa theft defense attorneys today

Surveillance video and diversion deadlines do not wait for your court date. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will challenge the value, test the intent evidence, and push for diversion or dismissal from the first week. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.