A theft charge in Palm Beach County can follow you long after the case ends. It can cost you a job, a professional license, an apartment, and — for a felony — up to 30 years. At Meltzer & Bell, P.A., our defense team brings together former state prosecutors and career public defenders, over 143 years of combined criminal defense experience, and more than 500 combined jury trials. We know how the State builds these cases because several of us used to build them. If you’ve been arrested or you know charges are coming, the choices you make this week matter.
You don’t have to figure this out alone. Meltzer & Bell has over 1,000 five-star reviews online across Palm Beach, Broward, and Miami-Dade. Our attorneys have defended thousands of clients, and many of these cases are handled on a flat fee so you know the cost before you retain us. Call (561) 557-8686 now for a free, confidential consultation. We answer 24/7.
On This Page:
- What you’re actually facing
- How theft is graded in Florida
- Theft vs. burglary vs. robbery
- How we defend these cases
- Common defenses that work
- Outcomes and alternatives
- Collateral consequences
- Local court guide
- Our promise to you
- Frequently asked questions
Key Takeaways
- In Florida, the felony/misdemeanor line for theft is $750 under Fla. Stat. § 812.014 — take property worth $750 or more and you’re facing a felony, not a misdemeanor.
- Petit theft with two or more prior theft convictions becomes a third-degree felony, even for a low-value item.
- Grand theft of $100,000 or more is a first-degree felony carrying up to 30 years in prison.
- Restitution to the alleged victim is a mandatory part of nearly every theft sentence in Florida — separate from any fine.
- First-time offenders often qualify for pre-trial diversion, which can lead to dismissal and eligibility to seal the record. This is not legal advice; speak with an attorney about your specific case.
What Are You Actually Facing With a Theft Charge in Palm Beach County?
A theft conviction in Florida is not just a fine and an apology. Under Fla. Stat. § 812.014, the value of what was allegedly taken decides whether you face a misdemeanor or a felony, and the line sits at $750 — not the $950 figure people copy from California. Cross that threshold and the exposure jumps from a county-jail misdemeanor to a state-prison felony.
Here’s what most people don’t expect. The retail store where a shoplifting incident happened can send you a civil demand letter asking for money on top of the criminal case. The two are separate. Paying the store does not make the criminal charge disappear, and ignoring the criminal charge because you “handled it with the store” is how people end up with a warrant.
Restitution is the money a court orders you to pay back to the alleged victim for their loss. In Florida theft cases it’s mandatory in almost every sentence, and it runs alongside — not instead of — any jail time, probation, or fine.
The stakes climb fast with prior convictions. A shoplifting charge that would normally be a first-degree misdemeanor becomes a third-degree felony if you have two or more prior theft convictions. That’s the trap most people miss: the item’s value didn’t change, but your record turned a citation-level offense into a felony carrying up to five years.
If you’re staring at charges right now, the calm, honest read on your situation is one phone call away. Call (561) 557-8686 — we’ll tell you straight where you stand.
How Is Theft Graded in Florida — Petit Theft vs. Grand Theft?
Florida theft grading is a dollar ladder set by Fla. Stat. § 812.014. Petit theft is theft of lower-value property — under $750 — and is charged as a misdemeanor. Grand theft is theft of property valued at $750 or more, or of certain specific items regardless of value (a firearm, a motor vehicle, and others), and is charged as a felony.
The exact degree, and the maximum penalty, tracks the value.
Theft grading and maximum exposure
| Charge | Property Value / Type | Classification | Max Penalty |
|---|---|---|---|
| Petit theft, 2nd degree | Under $100 | 2nd-degree misdemeanor | Up to 60 days jail |
| Petit theft, 1st degree | $100 – $750 | 1st-degree misdemeanor | Up to 1 year jail |
| Grand theft, 3rd degree | $750 – $20,000 (or a firearm, motor vehicle, other enumerated items) | 3rd-degree felony | Up to 5 years prison |
| Grand theft, 2nd degree | $20,000 – $100,000 | 2nd-degree felony | Up to 15 years prison |
| Grand theft, 1st degree | $100,000 or more | 1st-degree felony | Up to 30 years prison |
| Petit theft with 2+ prior theft convictions | Any value | 3rd-degree felony | Up to 5 years prison |
The single most important fact here: the statutory maximum is a ceiling, not a prediction. Florida sentences felonies through the Criminal Punishment Code scoresheet under Fla. Stat. § 921.0024. The degree sets the top; the scoresheet, your record, and the facts set where you actually land. A first-time third-degree grand theft with a clean record scores very differently than the same charge with priors.
How is the value of stolen property decided? The value is the fair market value at the time and place of the alleged offense, not the retail sticker price and not what it cost when new. This matters. Prosecutors sometimes charge to the highest defensible number, and challenging valuation can drop a felony to a misdemeanor. If the State can’t prove the item was worth $750 or more, the grand theft can’t stand.
If your charge sits near a value line — say $700 or $780 — that boundary is worth fighting over. A grand theft charge that becomes petit theft changes your entire future.
What’s the Difference Between Theft, Burglary, and Robbery in Florida?
These three charges get used loosely in conversation, but Florida treats them as very different crimes with very different penalties. Getting the distinction right is often the whole ballgame.
Theft under Fla. Stat. § 812.014 is taking or using someone’s property with intent to deprive them of it — no force, no breaking in required. Burglary under Fla. Stat. § 810.02 is entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense inside. Robbery under Fla. Stat. § 812.13 is taking property by force, violence, assault, or putting the victim in fear.
The presence of force or unlawful entry is what separates a property crime from a violent felony — and it drastically changes your exposure.
Robbery — the force element
Robbery is a felony no matter the value taken, because the wrong isn’t just the loss of property, it’s the force or fear used to take it. Without a weapon, robbery is a second-degree felony punishable by up to 15 years. With a weapon other than a firearm, it’s a first-degree felony up to 30 years. With a firearm or deadly weapon, robbery is a first-degree felony punishable by up to life, and Florida’s 10-20-Life provisions under § 775.087 attach mandatory minimum terms when a firearm is used. Those minimums are calendar time — day for day, no early release.
There’s also robbery by sudden snatching under Fla. Stat. § 812.131 — a purse or phone grabbed from a person’s grasp — which is treated less severely than forceful robbery but still more seriously than plain theft.
Burglary — entry and intent
Burglary hinges on unlawful entry plus intent to commit an offense inside. Burglary of an unoccupied structure or conveyance is a third-degree felony up to five years. Burglary of a dwelling — occupied or not — is a second-degree felony up to 15 years. When the burglary involves an assault or battery, or the defendant is armed, or a vehicle is used as an instrumentality, it becomes a first-degree felony punishable by up to life. A burglary charge frequently turns on whether entry was truly unlawful and what intent the State can actually prove.
Why does the charge label matter so much? Because the same set of facts can support very different charges depending on how the police report is written. In our experience, prosecutors often file the most serious version the facts arguably support, then negotiate down. Pushing a robbery back to a theft, or a dwelling burglary back to a structure burglary, can cut a client’s maximum exposure by years or decades. Call (561) 557-8686 to have your charging documents reviewed for free — we’ll tell you whether the label fits the facts.
How Does Meltzer & Bell Defend Theft and Property Crime Cases?
We defend theft cases the way people who used to prosecute them would attack them — by finding the weakest link in the State’s proof before trial and pressing on it. Our approach starts with dismantling the elements the prosecutor must prove: that you took the property, that it belonged to someone else, and that you intended to permanently or temporarily deprive the owner of it. Miss any one of those, and the charge fails.
Several of our attorneys spent years inside State Attorney’s offices. That background shapes how we read a file.
We start with intent — the element the State most often can’t prove
Theft requires intent to deprive. A person who walked out with unpaid merchandise while distracted, who genuinely believed the item was theirs, or who had the owner’s permission has not committed theft. As a former Assistant State Attorney in Palm Beach County who prosecuted hundreds of cases, Ari Goldberg knows how thin many intent theories really are once you separate assumption from evidence. Danielle Schey, who previously worked as a prosecutor in Palm Beach County, brings that same insider read to intake.
We challenge the search and the seizure
Motion to suppress is a pre-trial request asking the judge to throw out evidence that police obtained illegally. If a store detective’s detention violated your rights, or officers searched your car or bag without lawful basis, the recovered “stolen” property may be inadmissible. Partner Stephan Dobrinsky has spent over 13 years focused in part on Fourth Amendment suppression work, and when the evidence goes, the case often goes with it.
We attack valuation to break the felony
Since the felony line is $750, we scrutinize how the State arrived at its number. Fair market value — not retail price — controls. Knocking a claimed value below the threshold converts a felony into a misdemeanor, with all the difference that makes to your record and your freedom.
We build toward diversion or dismissal where it fits
For many clients, especially first-time offenders, the goal isn’t a trial — it’s keeping a conviction off the record entirely through a diversion program. We identify that path early. Our broader criminal defense practice supports theft cases with the full weight of the firm’s trial experience behind every negotiation.
Not sure which of these applies to you? That’s exactly what a free consultation is for. No pressure, no obligation — just honest answers.
What Defenses Actually Work in Theft Cases?
The strongest defense depends on the facts, but a handful of arguments come up repeatedly and win. Below are the ones we press most often, with the legal reason each works.
- Lack of intent. The State must prove you meant to deprive the owner. Forgetfulness, confusion at self-checkout, or a good-faith belief the item was paid for defeats the intent element.
- Claim of right / mistaken ownership. If you honestly believed the property was yours or that you had a right to it, you lacked the intent to steal — even if you were wrong.
- Consent. If the owner gave you permission to take or use the item, there is no theft.
- Valuation dispute. Challenging the alleged value can drop a felony to a misdemeanor or defeat a value-based enhancement.
- Illegal search. Evidence recovered through an unlawful stop, detention, or search can be suppressed under the Fourth Amendment.
- Insufficient identification. Grainy surveillance footage and shaky eyewitness accounts often fall apart under cross-examination.
Key insight: In shoplifting cases specifically, loss-prevention officers must generally observe the concealment, keep continuous watch, and see the person pass the last point of sale. Break any link in that observation chain and the case weakens fast. This is where a retail theft defense built on the store’s own procedures pays off — we request the loss-prevention log, the video, and the training records, then look for the gap.
For clients accused of knowingly buying or selling stolen goods, the knowledge element is the battleground. Dealing in stolen property under Fla. Stat. § 812.019 requires the State to prove you knew or should have known the property was stolen — a second-degree felony for trafficking, and a first-degree felony for organizing it. A buyer at a flea market or online marketplace who had no reason to suspect the goods were hot has a real defense, which is why a dealing in stolen property charge turns on what you actually knew.
Property destruction cases run on a similar structure. Criminal mischief under Fla. Stat. § 806.13 — vandalism and graffiti — is graded by the dollar amount of damage, so proving the damage figure was inflated can reduce the charge. Our criminal mischief defense work attacks both the damage valuation and whether you were the person who caused it.
What Outcomes and Alternatives Are Possible?
Theft cases resolve in several ways, and the right target depends on your record, the value involved, and the strength of the State’s proof. The most valuable outcome for a first offender is usually one that avoids a conviction entirely.
Roughly 90 to 95% of criminal cases nationwide resolve through negotiation rather than trial, but that number hides how much the terms vary. A well-prepared file that shows the State a real trial risk negotiates from a position of strength. That’s why we prepare every case as if it’s going to a jury, even when we expect to settle it.
Resolution paths compared
| Path | Best For | Typical Result | Record Impact |
|---|---|---|---|
| Pre-trial diversion | First-time, lower-value theft | Charge dismissed on completion of program | No conviction; may be eligible to seal |
| Plea to reduced charge | Cases with real but limited exposure | Felony reduced to misdemeanor; probation over jail | Conviction on lesser offense |
| Motion to suppress / dismiss | Illegal search or weak evidence | Evidence excluded; State drops or loses case | No conviction if granted |
| Trial (bench or jury) | Weak State proof, factual disputes | Acquittal or conviction decided by judge/jury | Clean record on acquittal |
Pre-trial diversion is a program — often including a theft-education class, community service, restitution, and a clean-record period — that ends in dismissal of the charge when completed. Eligibility depends on your history and the prosecutor’s approval, and it’s frequently the difference between a fresh start and a permanent mark.
When a case does end in dismissal, acquittal, or diversion, you may be able to clear it. We handle record sealing and expungement so the resolution actually protects your future instead of just ending the court case. Our partners have secured acquittals in serious felony matters — including a defense win for a client facing multiple life sentences for burglary despite DNA evidence and co-defendant testimony — which tells the State that a trial with us is not a soft target.
Past results do not guarantee future outcomes. Every case is different, and the right strategy is the one built for your facts.
Court deadlines move quickly, and diversion slots are not unlimited. The sooner we get involved, the more options stay open. Call (561) 557-8686 today.
How a Theft Conviction Follows You — Employment, Licensing, and Housing
A theft conviction is treated by employers and licensing boards as a crime of dishonesty, which means it does damage far beyond the courtroom. Because theft goes to trustworthiness, it can disqualify you from jobs, professional licenses, and housing in ways that a comparable non-theft offense would not.
This is the part clients underestimate most. A first-time misdemeanor petit theft can quietly cost someone a nursing license, a real estate license, a security clearance, or a lease approval years later. Banks, schools, healthcare employers, and anyone handling money screen hard for theft-related records. Our firm regularly counsels clients on the professional and employment consequences of a conviction before they make a plea decision, because the cheapest-looking plea today can be the most expensive one over a career.
For non-citizens, a theft conviction can be a crime involving moral turpitude under federal immigration law, triggering removal or inadmissibility consequences under 8 U.S.C. § 1227 and 8 U.S.C. § 1182. If your status is at stake, that has to shape the defense from day one — we address the immigration consequences of a conviction as part of the strategy, not as an afterthought.
Overlapping charges often pull in adjacent practice areas. Identity theft and fraud-based property crimes can involve our white collar defense work, and a theft charge against someone under 18 belongs in the juvenile justice system, where diversion options and record protections differ from adult court. We route each case to the right resources inside the firm.
Defending Theft Cases in the 15th Judicial Circuit
Every Palm Beach County felony is heard at the Judge Daniel T. K. Hurley Courthouse, the Main Courthouse of the 15th Judicial Circuit at 205 N. Dixie Highway in downtown West Palm Beach, just off Okeechobee Boulevard near the I-95 interchange. West Palm Beach-area misdemeanors — including most first-time shoplifting and petit theft cases — are also handled through this courthouse. Knowing the building, its intake practices, and how its divisions move cases is a practical advantage, not a slogan.
We appear in these courtrooms constantly, and we know the local rhythms — how diversion referrals get made, which facts move a prosecutor, how quickly a case advances after arrest.
Arrests across the county
Theft arrests in this area come from a range of agencies. Retail theft cases from the shopping corridors along Okeechobee Boulevard and near the Palm Beach Outlets are typically worked by West Palm Beach police, while incidents in unincorporated areas and in Lake Worth Beach — which has no city police department of its own — are handled by the Palm Beach County Sheriff’s Office. In Lake Worth Beach, PBSO District 14 deputies (station at 120 N G Street) respond to and make theft arrests. Getting the arresting agency and its report procedures right is part of building the defense. Our overview of Florida’s criminal process walks through what happens from arrest to disposition.
How long does a theft case take in Palm Beach County? A straightforward misdemeanor petit theft resolved through diversion can wrap in a few months. A contested felony grand theft with motions and negotiation commonly runs six months to over a year, and a case that goes to trial can take longer. The timeline runs the same whether or not you have a lawyer — the difference is what you’re holding at the end.
Our Promise to You
We keep three commitments to every theft and property crime client, and we mean them literally.
First, a real attorney reviews your case — fast. When you call, you speak with our team, not a call center, and we get your charging documents in front of an attorney quickly so you understand your exposure and options without waiting weeks.
Second, transparent fees in writing. Many theft and property crime matters are handled on a flat fee, so you know the total cost before you retain us, and we offer payment plans where they fit. We discuss fees openly during your free consultation — no surprises, no hidden add-ons.
Third, you’re kept in the loop. You’ll know who is handling your case, what the next step is, and what we’re doing between court dates. Our 1,000-plus five-star reviews mention communication and honesty more than any single outcome — that’s the standard we hold.
Behind those commitments is a 10-attorney team, over 143 years of combined criminal defense experience, and more than 500 combined jury trials, including a Board Certified Criminal Trial attorney among our partners.
Your Theft & Property Crimes Team
- Steven Bell, Shareholder — A former felony public defender out of the Broward County Public Defender’s Office with over 20 years of criminal defense experience, Steven has defended thousands of clients across Florida, from misdemeanors to complex felonies.
- Lawrence Meltzer, Shareholder — A former Assistant State Attorney and Special Unit Prosecutor in Broward County, Lawrence brings insider knowledge of how the State builds and negotiates cases to every defense.
- Ari Goldberg, Shareholder — A former Assistant State Attorney in Palm Beach County who prosecuted hundreds of cases in the 15th Judicial Circuit before moving to the defense side of complex felony matters.
- Stephan Dobrinsky, Partner — With over 13 years of defense experience and a focus on Fourth Amendment suppression motions, Stephan has a track record of case dismissals and acquittals in serious matters.
- Whitney Duteau, Partner — A Board Certified Criminal Trial Attorney (Florida Bar, 2025) with over a decade of exclusive criminal defense work, known for securing acquittals in serious felony cases, including one involving burglary and firearms charges despite DNA evidence.
Our full team includes 10 attorneys — several more former prosecutors and public defenders who handle theft and property matters. You can meet the entire roster on our firm’s main page.
Meltzer & Bell has 1,000+ five-star reviews online and answers 24/7. Call (561) 557-8686 for a free, confidential consultation today.
The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact a qualified attorney to discuss your specific situation.
Frequently Asked Questions
How much does a theft crimes lawyer cost in West Palm Beach?
Cost depends on whether the charge is a misdemeanor or felony and how complex the case is. Many theft and property crime matters at Meltzer & Bell are handled on a flat fee, so you know the total before you retain us, and we offer payment plans where they fit. Your first consultation is free and confidential — we discuss fees openly during that call, with no obligation.
Will I go to jail for shoplifting in Florida?
Not necessarily. A first-time petit theft (under $750) is a misdemeanor, and first offenders frequently qualify for pre-trial diversion, which ends in dismissal rather than jail. Jail exposure rises sharply with prior theft convictions or higher-value property. The best way to protect your freedom is to get an attorney involved before your first court date.
What’s the difference between petit theft and grand theft?
Under Fla. Stat. § 812.014, petit theft is theft of property worth less than $750 and is a misdemeanor. Grand theft is theft of property worth $750 or more — or certain items like a firearm or motor vehicle regardless of value — and is a felony carrying up to 5, 15, or 30 years depending on the amount. The $750 line is the felony/misdemeanor divide in Florida.
Can a theft charge be dropped or dismissed?
Yes, in several ways. Charges can be dismissed through pre-trial diversion for eligible first offenders, through a successful motion to suppress illegally obtained evidence, or when the State cannot prove intent or value. We pursue reductions and dismissals wherever the evidence is weakest — but no lawyer can guarantee a result, and each case turns on its own facts.
Is petit theft still just a misdemeanor if I have prior convictions?
No. Under Fla. Stat. § 812.014, petit theft with two or more prior theft convictions is charged as a third-degree felony, even for a low-value item. This is one of the most common traps we see — the property value didn’t change, but a prior record turned a minor charge into a felony punishable by up to 5 years.
What is a civil demand letter from a store, and do I have to pay it?
After a shoplifting incident, retailers often mail a civil demand letter seeking money separate from the criminal case. Paying it does not dismiss the criminal charge, and it does not create a criminal obligation. Talk to an attorney before responding, because the two matters are handled very differently and one should not dictate the other.
How is the value of stolen property decided?
Florida uses the fair market value of the property at the time and place of the offense — not the retail price and not the original purchase price. Because the felony line is $750, challenging an inflated valuation can drop a grand theft felony down to a petit theft misdemeanor. If your charge sits near a value threshold, valuation is often the whole fight.
Do I need a lawyer for a first-time theft charge?
Yes. Even a first misdemeanor theft is a crime of dishonesty that can follow you into jobs, professional licenses, and housing for years. An attorney can often secure diversion that ends in dismissal and protects your record — an outcome that’s much harder to reach on your own. The free consultation costs you nothing and tells you where you stand.
What is the difference between robbery and theft?
Theft under Fla. Stat. § 812.014 is taking property with no force or threat. Robbery under Fla. Stat. § 812.13 involves force, violence, assault, or fear and is a felony regardless of value — up to life if a firearm is involved, with 10-20-Life mandatory minimums. Pushing a robbery charge back to a theft charge, where the facts allow, can cut a client’s exposure by decades.
Can I clear a theft charge from my record?
Often, yes. If your case ends in dismissal, acquittal, or completed diversion, you may be eligible to seal or expunge the record under Florida law, which restores employment and housing opportunities. Eligibility depends on the offense and your history. We handle record sealing and expungement so the resolution actually protects your future.
What happens if I’m accused of buying stolen property I didn’t know was stolen?
Dealing in stolen property under Fla. Stat. § 812.019 requires the State to prove you knew or should have known the goods were stolen. A genuine buyer at a marketplace or online, with no reason to suspect the items were stolen, has a real defense on the knowledge element. This is a second-degree felony, so getting counsel early matters.
Will a theft conviction affect my immigration status?
It can. A theft conviction may be treated as a crime involving moral turpitude under federal immigration law, potentially triggering removal or inadmissibility under 8 U.S.C. § 1227 and 8 U.S.C. § 1182. If you are not a U.S. citizen, this must shape your defense from the start. We address immigration consequences as part of the strategy, not after the fact.
