Picture two phones on a Fort Lauderdale store shelf, one priced at $749 and the other at $750. That one-dollar gap can be the whole difference between a misdemeanor and a felony in Florida. Many Broward theft cases come down to numbers like these, and people rarely expect a price tag to matter that much. The value the State assigns to the property is not always the value on the receipt, either.
Where Florida Draws the Line on Grand Theft
After a theft arrest, someone searching for a criminal justice attorney near me usually wants to know one thing first. Will this be a misdemeanor or a felony? Most of the time, it comes down to the property’s value. Property worth under $100 is second-degree petit theft. Between $100 and $750, it becomes first-degree petit theft. Anything valued at $750 or more counts as grand theft, which is a felony.
At Piotrowski Law in Fort Lauderdale, one early step is working out where the State’s dollar figure came from. Former prosecutors know that the number in an arrest report can be little more than an estimate. Stores tend to list the full retail price. Used items are often worth a lot less. The difference can mean a case stays in county court or ends up in felony court. Sometimes receipts, price tags, or a simple photo of the item show a lower value than the report does.
How Market Value Is Measured in a Florida Theft Case
Florida law measures value as the property’s market value at the time and place of the theft. If that cannot be worked out, the law allows the cost of replacing the property within a reasonable time instead. So a two-year-old laptop is not automatically worth what it cost new. The State must prove value beyond a reasonable doubt, and the owner’s guess may not be enough. Separate items taken as part of one scheme can also be added together to reach a higher level.
Theft From a Home or Its Curtilage Under Florida Law
The rules change when someone takes property from a home. If someone takes something worth $40 or more from a dwelling or its unenclosed curtilage, the charge becomes third-degree grand theft. Curtilage usually means the space close around a house, like an open porch or the yard. That means a bike or a package taken from a front lawn can be charged as a felony. This holds even for items worth well under $750. The cutoff used to be $100, but Florida dropped it to $40 in 2024, and plenty of people haven’t caught up.
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How Prior Theft Records Change New Charges
A person’s record can matter as much as the price. With one prior theft conviction, a new petit theft gets bumped up to a first-degree misdemeanor. Someone with two or more priors faces a third-degree felony for a new petit theft, regardless of value. Whether a withhold or an out-of-state case counts is not always clear, so the record deserves a careful read. Some items also count as grand theft no matter what they are worth. Under Florida law, the list includes:
- A firearm.
- A motor vehicle.
- A will or other testamentary document.
- A stop sign or a fire extinguisher installed in a building.
Other Theft Charges That Carry Higher Penalties in Broward County
The value ranges keep climbing. Once the value hits $20,000, it is second-degree grand theft. At $100,000 or more, it becomes a first-degree felony. A theft that happens under a declared state of emergency, say after a hurricane, can be charged more harshly too. That applies when emergency conditions made the theft easier. That rule carries real weight in South Florida, where storm declarations are common. Pumping gas and leaving without paying can also cost a person their driver’s license for a while, in addition to the theft charge.
What to Check First After a Fort Lauderdale Theft Arrest
Who set the value, and how did they arrive at it? Did the property come from a house, a shop, or another place? Those answers can set the charge level before the rest of the evidence gets any attention. Intent still matters too, since the State must prove the person meant to take the property. The firm represents people facing petit theft, grand theft, and other theft charges in Broward County courts. It also offers a free case evaluation to anyone arrested or under investigation.
