Thomas C. Grajek | January 27, 2026 | Criminal Defense
A first-time theft charge can raise questions about what happens next, especially when jail time is a concern. Outcomes depend on how the offense is classified, the circumstances involved, and the options available under Florida law.
This article explains how theft charges are categorized in Florida, the potential jail sentences tied to each offense, and the factors courts consider when deciding whether incarceration can be avoided. It also outlines common alternatives to jail for first-time offenders and practical steps to take after a theft charge.
Types of Theft Charges in Florida
Florida law classifies theft offenses primarily based on the value of the property allegedly taken and, in some cases, the nature of the property or circumstances involved. Theft charges generally fall into two broad categories: petit theft and grand theft.
Petit theft applies to lower-value property and is typically charged as a misdemeanor:
- Second-degree petit theft: Property valued at less than $100
- First-degree petit theft: Property valued between $100 and $750
Grand theft involves higher-value property and is charged as a felony:
- Third-degree grand theft: Property valued between $750 and $20,000
- Second-degree grand theft: Property valued between $20,000 and $100,000
- First-degree grand theft: Property valued at $100,000 or more
Certain types of property—such as firearms, motor vehicles, or controlled substances—can result in grand theft charges regardless of value. Each classification carries different potential penalties, including fines, probation, and possible jail or prison time.
Jail Sentences for Florida Theft Crimes
Jail or prison exposure for theft offenses in Florida depends on whether the charge is a misdemeanor or felony and the degree of the offense.
For misdemeanor theft, jail time can be as follows:
- Second-degree petit theft: Second-degree misdemeanor punishable by up to 60 days in jail
- First-degree petit theft: First-degree misdemeanor punishable by up to one year in jail
For felony theft:
- Third-degree grand theft: Third-degree felony punishable by up to five years in prison
- Second-degree grand theft: Second-degree felony punishable by up to 15 years in prison
- First-degree grand theft: First-degree felony punishable by up to 30 years in prison
While these penalties reflect the maximum allowable sentences, they do not necessarily reflect what a first-time offender will receive. Judges often have discretion, particularly in lower-level theft cases, to impose alternatives to incarceration when there is no prior criminal history.
Factors That Influence Whether Jail Time Can Be Avoided
Whether a first-time theft offense results in jail time depends on a combination of legal and factual considerations. Courts often evaluate the overall circumstances of the case rather than relying on a single factor.
Common considerations include:
- Value of the stolen property
- Whether the item was recovered or returned
- Absence of prior criminal convictions
- Whether the offense involved planning, deception, or breach of trust
- Impact on the alleged victim
- Defendant’s cooperation with law enforcement
- Eligibility for diversion or alternative sentencing programs
Lower-value theft cases involving nonviolent conduct and no prior criminal history are generally more likely to result in non-jail outcomes, particularly when the defendant demonstrates accountability.
Common Alternatives to Jail for First-Time Offenders
Florida courts frequently use alternative sentencing options for first-time theft offenders, especially in misdemeanor cases. These alternatives aim to reduce recidivism while holding the defendant accountable.
Common non-jail outcomes include:
- Probation, often with reporting requirements
- Fines and court costs
- Restitution to the alleged victim
- Community service hours
- Theft awareness or anti-shoplifting programs
- Pretrial diversion programs
- Withhold of adjudication
Successful completion of these alternatives can significantly reduce the long-term consequences of a theft charge and, in some cases, allow the offense to be resolved without incarceration or a permanent criminal conviction.
What to Do if You’re Charged with Theft
Being charged with theft can be confusing and stressful, especially if you’ve never dealt with the criminal court system before.
If you’re charged with theft, you should:
- Take the charge seriously, even if the alleged offense seems minor
- Avoid discussing the case publicly or on social media
- Follow all court requirements
- Preserve any relevant evidence
- Understand the specific charge and potential penalties
- Explore eligibility for diversion or alternative sentencing programs
- Seek legal guidance early
Every theft case is fact-specific, and outcomes can vary widely depending on the circumstances.
Contact Grajek Criminal Defense Attorneys for Help in Lakeland
Avoiding jail time for a first-time theft offense in Florida is often possible, but the outcome depends on the charge, the facts of the case, and how it is handled early on. Because theft cases are highly fact-specific, understanding your options and acting early can make a meaningful difference.
If you’re facing a theft charge, contact Grajek Criminal Defense Attorneys to discuss your situation and next steps with a Lakeland criminal defense lawyer.
For more information, contact the Lakeland attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606