Mark Abaire, 52, is facing a felong theft charge after being accused of walking out of the McDonald’s in without paying for a $1 cup of soda, reports the Naples Daily News.

Because Abaire has previous petty theft convictions, the charge for drinking the unpaid-for soda was bumped up from a misdemeanor to a felony, the arrest report shows. The third-degree felony charge can result in a sentence of up to 5 years in prison and a $5,000 fine.

Over a dollar cup of soda, the justice system is too harsh? Do you agree or disagree?