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Theft & Fraud

Felony Theft Amount by State and How Value Decides Your Charge

The same item, taken the same way, can be a misdemeanor in one state and a felony in the next. Here is where the felony theft line sits in 11 states, and the value, aggregation and prior-conviction rules that can move a charge across it.

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The felony theft amount by state ranges from $500 to $2,500 in most states we reviewed. Theft becomes a felony over $500 in Illinois, at $750 in Florida, at $1,000 in Virginia, over $1,000 in New York, over $1,500 in Georgia, over $2,000 in Pennsylvania and at $2,500 in Texas. California treats theft of $950 or less as a misdemeanor.

If you or someone you know was just charged with theft, one dollar figure may decide much of what comes next. The same item, taken the same way, can be a misdemeanor in one state and a felony in another. The difference can shape whether you face jail or prison, whether you carry a felony record, and what options you have later to clear that record.

But the dollar line is only the starting point. How the statute is worded, whether a rule applies that ignores value entirely, how the prosecution calculated the value and whether separate incidents were added together can all move a charge up or down. This guide walks through each one, using the statutes themselves.

Where the line sits: felony theft thresholds in 11 states

The table below is built only from the statute text for each state. "Line" means the point where theft moves out of the ordinary misdemeanor range.

A row of leather statute volumes of uneven height on a dark wood shelf, their gold lettering catching raking light while the text itself stays illegible and out of focus.

| State | Where the line sits | What the statute says | | --- | --- | --- | | New Jersey | $200 | $200 to $500 is a fourth-degree crime; over $500 (and under $75,000) is third degree; under $200 is a disorderly persons offense (N.J.S. 2C:20-2) | | Illinois | Over $500 | Theft not from the person "not exceeding $500" is a Class A misdemeanor; over $500 up to $10,000 is a Class 3 felony (720 ILCS 5/16-1) | | Florida | $750 or more | Grand theft of the third degree starts at property "valued at $750 or more" (Fla. Stat. 812.014) | | California | Over $950 | Theft that "does not exceed nine hundred fifty dollars ($950)" is petty theft punished as a misdemeanor, with exceptions (Penal Code 490.2) | | Virginia | $1,000 or more | Grand larceny includes simple larceny not from the person "of the value of $1,000 or more" (Va. Code 18.2-95) | | New York | Over $1,000 | Grand larceny in the fourth degree, a class E felony, applies when value "exceeds one thousand dollars" (Penal Law 155.30) | | Massachusetts | Over $1,200 | If value "exceeds $1,200," punishment is up to five years in state prison, or a fine up to $25,000 and up to two years in jail (G.L. c. 266, s. 30) | | Georgia | $1,500.01 | $1,500.01 to $4,999.99 carries one to five years, or misdemeanor punishment at the judge's discretion (Ga. Code 16-8-12) | | Pennsylvania | Over $2,000 | Felony of the third degree when "the amount involved exceeds $2,000" (18 Pa.C.S. 3903) | | Texas | $2,500 or more | $750 to under $2,500 is a Class A misdemeanor; $2,500 to under $30,000 is a state jail felony (Penal Code 31.03) | | Wisconsin | Over $2,500 | Value that "does not exceed $2,500" is a Class A misdemeanor; over $2,500 up to $5,000 is a Class I felony (Wis. Stat. 943.20) |

A note on New Jersey: the state does not use the word "felony." Its code grades offenses as crimes of the first through fourth degree, and theft of $200 to $500 is already a fourth-degree crime. That puts New Jersey well below the range the other states in this table use.

Lower-level grades matter too. Texas splits misdemeanor theft into three classes: under $100 is Class C, $100 to under $750 is Class B, and $750 to under $2,500 is Class A. Pennsylvania generally treats theft under its felony line as a first-degree misdemeanor, with $50 to under $200 possibly graded as a second-degree misdemeanor and under $50 as a third-degree misdemeanor. Wisconsin steps up again above $5,000, where theft up to $10,000 becomes a Class H felony.

Read the exact words: "exceeds" versus "or more"

Two states can name the same number and still draw the line in different places. The wording decides which side of the line an item worth exactly the threshold lands on.

  • "Or more" includes the number itself. In Virginia, theft of exactly $1,000 is grand larceny because the statute says "$1,000 or more." Florida's "$750 or more" works the same way.

  • "Exceeds" does not. In New York, the class E felony applies only when value "exceeds one thousand dollars," so exactly $1,000 falls below it. Pennsylvania ("exceeds $2,000") and Massachusetts ("exceeds $1,200") use the same structure.

  • Same number, different result. Texas and Wisconsin both use $2,500. In Texas, the state jail felony range begins at $2,500. In Wisconsin, theft that "does not exceed $2,500" is still a Class A misdemeanor. Property valued at exactly $2,500 is a felony in Texas and a misdemeanor in Wisconsin.

This sounds technical, but it matters most in exactly the cases where it is most likely to come up: when the alleged value sits right at or just above the line. If your charge is close to the threshold, the precise statutory language is worth reading with your attorney.

When value doesn't control the charge

Some theft charges become felonies at a much lower value, or at any value, because of what was taken, where it was taken from or the person's record.

  • Florida, theft from a dwelling. Property valued at $40 or more but less than $750, if taken from a dwelling, is grand theft of the third degree, the same felony grade as ordinary theft of $750 or more (Fla. Stat. 812.014(2)(d)).

  • Texas, specific property and theft from the person. Theft from another person's body, theft of a firearm and theft of a catalytic converter are state jail felonies regardless of value (Penal Code 31.03(e)).

  • Illinois, theft from the person. Theft from the person of $500 or less is a Class 3 felony, the same grade as theft over $500 (720 ILCS 5/16-1(b)(4)).

  • Pennsylvania, motor vehicles. Theft of a motor vehicle is a third-degree felony even if the amount is not over $2,000 (18 Pa.C.S. 3903(a.1)).

  • California, prior convictions. The $950 misdemeanor rule in Penal Code 490.2 has exceptions for people with certain serious prior convictions or sex-offender registration requirements. Separately, under Penal Code 666.1(a), a person with two or more prior convictions for listed theft offenses who is convicted of petty theft or shoplifting can be sentenced to county jail for up to one year or under Section 1170(h), which is felony-level sentencing. The Legislative Analyst's Office explains that Proposition 36 (2024) makes theft of items worth $950 or less a felony when the person has two or more past convictions for certain theft crimes.

If you have prior theft convictions, tell your attorney about every one of them early. Whether a prior qualifies under an enhancement statute is a legal question, and the answer can change the entire case.

How prosecutors add it up: aggregation

Several small thefts can become one larger charge. Many states let prosecutors combine values from separate incidents to reach a higher grade.

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  • Texas. Under Penal Code 31.09: "When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense."

  • Florida. Fla. Stat. 812.012(10)(c) allows amounts from thefts "committed pursuant to one scheme or course of conduct" to be aggregated. For retail theft, 812.015(8)(a) makes it a third-degree felony where "the amount of each individual theft is aggregated within a 120-day period to determine the value of the property stolen and such value is $750 or more."

  • New Jersey. Amounts from thefts "committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense" (N.J.S. 2C:20-2).

  • California. Penal Code 490.3 lets the value of property taken in "one or more acts of theft or shoplifting" be "aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft."

The defense angle: in Texas, Florida and New Jersey, the statutes tie aggregation to "one scheme" or a "course of conduct." Whether unrelated incidents on different days, at different places, truly formed one scheme is something your attorney can examine. In Florida retail theft cases, the dates matter too: an incident outside the 120-day window should not be counted toward that total.

Why value is often worth fighting

In many theft cases, nobody disputes that something left the store. The real fight is over what it was worth. Both Texas and Florida define value the same basic way:

  • Texas: "the fair market value of the property or service at the time and place of the offense," or, if that cannot be ascertained, "the cost of replacing the property within a reasonable time after the theft" (Penal Code 31.08(a)).

  • Florida: "the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement" (Fla. Stat. 812.012(10)(a)1).

Market value comes first. Replacement cost is the fallback, not the default. That gives the defense room to question a number built on a retail tag or the price of a brand-new item when the property was used. Questions worth raising with your lawyer:

  • Was the property new or used, and does the charged value reflect its actual condition?

  • Was the item on sale or discounted at the time, or was the full tag price used?

  • Was any of the property recovered, and in what condition?

  • Who came up with the number: the store, the alleged victim, or police? What documentation supports it?

  • If the value sits just above the line, would a realistic market value put it below?

Thresholds change, so check which law applies

Felony lines are not fixed. Virginia offers a clear example. According to WWBT 12 On Your Side, Gov. Ralph Northam signed identical bills, HB 995 and SB 788, raising the felony larceny threshold from $500 to $1,000, effective July 1, 2020. The same report says Virginia had raised it from $200 to $500 two years earlier. WWBT reported Northam saying: "While we will continue to hold people accountable for their actions, it's important that the punishment fit the crime."

Other thresholds have stayed put for decades. A June 10, 2020 analysis by Tiana Herring of the Prison Policy Initiative argued that unchanged thresholds become harsher over time as inflation pushes ordinary items past them. PPI cited New Jersey's $200 threshold as unchanged since 1978 and Wisconsin's $2,500 as last updated in 2001.

If your state has changed its threshold recently, or changes it while your case is pending, ask your attorney which version of the statute applies to the date of your alleged offense.

What to do now if you've been charged

  • Find the charged value and how it was calculated. Look at the complaint or charging document and ask your lawyer to get the documentation behind the number.

  • Check the exact statutory wording. "Exceeds" and "or more" can decide a case at the line.

  • Check for a non-value trigger or prior-conviction enhancement. Theft from a person, from a dwelling, of a firearm, catalytic converter or vehicle, or a record of prior theft convictions can raise the grade regardless of value.

  • Ask whether charges were aggregated. If separate incidents were combined, ask whether they truly fit the statute's "one scheme" or time-window requirement.

  • Raise reduction or diversion with counsel. Some states build flexibility into the law. In Georgia, for example, judges can impose misdemeanor punishment at the $1,500.01 to $4,999.99 tier and at the $5,000 to $24,999.99 tier (Ga. Code 16-8-12). Ask your attorney whether a reduction, plea to a misdemeanor or diversion program is realistic in your jurisdiction.

  • Don't discuss the facts or the value with police or the store. Talk it through with a defense attorney or your public defender first.

Sources

Note: This article contains AI-assisted content and has been reviewed by our editorial team.

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Frequently asked questions

What dollar amount makes theft a felony?

It depends on the state. Among statutes reviewed, the line is over $500 in Illinois, $750 or more in Florida, $1,000 or more in Virginia, over $1,000 in New York, over $2,000 in Pennsylvania and $2,500 or more in Texas.

Is stealing under $950 a felony in California?

Generally no. Penal Code 490.2 treats theft of $950 or less as misdemeanor petty theft, but exceptions apply for certain serious prior convictions, and under Penal Code 666.1 and Proposition 36 people with two or more qualifying prior theft convictions can face felony-level punishment.

Can several small thefts be combined into a felony?

Yes, in several states. Texas, Florida and New Jersey allow prosecutors to aggregate amounts from one scheme or course of conduct, California Penal Code 490.3 allows aggregation across one or more acts of theft, and Florida retail theft uses a 120-day window.

How is the value of stolen property determined?

In Texas and Florida, value is the market value of the property at the time and place of the offense. Replacement cost is used only when market value cannot be determined, which can give the defense grounds to challenge tag-price or new-item valuations.

Can theft be a felony regardless of the amount?

Yes. Texas makes theft of a firearm, a catalytic converter or from a person a state jail felony at any value, Illinois treats theft from the person as a felony, Pennsylvania treats motor vehicle theft as a felony, and Florida makes theft of $40 or more from a dwelling a felony.

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Gavel Daily is an AI-operated publication. Articles may summarize statutes, court filings, or public reporting, but readers should verify time-sensitive legal details with primary sources or a licensed attorney.