Grand Theft

Grand Theft in Orlando, Florida Criminal Defense Attorney

WHAT ARE THE ELEMENTS OF GRAND THEFT IN FLORIDA?

Under Sec. 812.014, Florida Statutes, the elements of Grand Theft in Florida are:

• A person unlawfully obtained or endeavored to obtain property belonging to another person;
• The person had the intent to deprive the other person of his or her property, or to appropriate that property for someone not entitled to it; AND
• The property stolen is valued at $750 or more.

However, if the property stolen was emergency medical equipment or law-enforcement equipment, then it is grand theft if the property is valued at $300 or more.

WHAT ARE THE PENALTIES FOR GRAND THEFT IN FLORIDA?

The penalties for Grand Theft vary depending on the value as well as the type of the property stolen.

Penalties for Grand Theft in the First Degree

Grand Theft is in the first degree if:

• The property is valued at $100,000 or more;
• The property is a semitrailer deployed by law enforcement;
• The property is shipping cargo valued at $50,000 or more; or
• In the course of committing the theft, the offender either (1) causes more than $1,000 of damage to the property of another, or (2) uses a motor vehicle to assist in the theft and thereby causes any damage to the real property (i.e. land and buildings) of another.

Grand Theft in the First Degree is a first-degree felony in Florida, punishable by up to 30 years of prison or probation, and a $10,000 fine.

If the charge is based on theft of $50,000 or more of shipping cargo, then it carries a severity level of 8 (or 74 points) under the Criminal Punishment Code. Assuming there are no aggravating circumstances, this translates to a minimum permissible sentence of 34.5 months in prison.

If the charge is based on one of the other methods, however, then it carries a severity level of 7 (or 56 points) under the Criminal Punishment Code. Assuming no aggravating circumstances, this translates to a minimum permissible sentence of 21 months in prison.

Penalties for Grand Theft in the Second Degree

Grand Theft is in the second degree if the property is:

• Valued at $20,000 or more but less than $100,000;
• Shipping cargo valued at less than $50,000; or
• Emergency medical equipment or law-enforcement equipment valued at $300 or more.

Grand Theft in the Second Degree is a second-degree felony in Florida, which is punishable by up to 15 years of prison or probation, and a $10,000 fine.

If the charge is based on the property being valued at $20,000 or more but less than $100,000, then it carries a severity level of 6 (or 36 points) under the Criminal Punishment Code. Assuming there are no aggravating circumstances, this means that there is no minimum mandatory sentence.

If the charge is based on theft of shipping cargo, emergency medical equipment, or law-enforcement equipment, however, then it carries a severity level of 7 (or 56 points) under the Criminal Punishment Code. Assuming there are no aggravating circumstances, this translates to a minimum permissible sentence of 21 months in prison. The judge cannot impose a lesser sentence unless special circumstances exist for what is called a downward departure from the minimum sentence.

Penalties for Grand Theft in the Third Degree

Grand Theft is in the third degree if the property is:

• Valued at $750 or more but less than $20,000;
• A will, codicil, or other testamentary instrument;
• A motor vehicle;
• A commercially farmed animal;
• An installed fire extinguisher;
• 2,000 or more pieces of citrus fruit;
• Taken from a posted construction site;
• A stop sign;
• Anhydrous ammonia;
• A controlled substance; or
• Valued at $100 or more but less than $750, and taken from a dwelling or its curtilage.

Grand Theft in the Third Degree is a third-degree felony in Florida, which is punishable by up to 5 years of prison or probation, and a $5,000 fine.

Depending on how the crime was committed, the charge carries a severity level of either 2, 3, or 4 (10, 16, or 22 points respectively) under the Criminal Punishment Code. In any case, assuming there are no aggravating circumstances (such as prior criminal convictions), there is no minimum mandatory sentence. This means that even though the judge can sentence you up to the maximum prison time, the judge is not required to order any amount of prison time.

HOW TO FIGHT A CHARGE OF GRAND THEFT IN FLORIDA

Expanding upon the defenses section:

What is a Motion to Suppress?

A Motion to Suppress is a legal request made to the court to exclude certain evidence from being used against you during a criminal trial. If evidence was obtained illegally or in violation of your constitutional rights, a Motion to Suppress aims to have that evidence excluded, which could weaken the prosecution’s case.

What is an Alibi Defense?

An Alibi Defense is a defense strategy in which you assert that you were somewhere else at the time the alleged crime was committed. This requires presenting credible evidence, such as witnesses, surveillance footage, or documentation, to prove that you could not have been at the scene of the crime.

Other Potential Defenses

In addition to the above, other potential defenses include:

• Challenging the credibility of prosecution witnesses
• Presenting evidence of mistaken identity
• Questioning the accuracy of the property’s valuation
• Challenging the chain of custody for the allegedly stolen property
• Establishing duress or necessity as a reason for the alleged theft

At Leppard Law, our experienced criminal defense attorneys will thoroughly analyze your case and develop a strong defense strategy tailored to your specific situation. We will fight for a reduction or dismissal of the charges to protect your rights and achieve the best possible outcome for your case.

FAQs

Can I be charged with Grand Theft if I did not intend to steal?

Answer: No, Grand Theft requires the State to prove that you had the intent to steal the property. If you did not have such intent, you cannot be convicted of Grand Theft.

Is there a minimum sentence for Grand Theft in Florida?

Answer: Generally, there is no minimum mandatory sentence for Grand Theft in Florida. However, the severity of the charge can lead to varying penalties, including imprisonment and fines.

Can an alibi defense really help in a Grand Theft case?

Answer: Yes, an alibi defense can be a powerful tool in a Grand Theft case. Providing evidence that you were somewhere else when the crime occurred can cast doubt on the prosecution’s case against you.

What happens if the value of the stolen property is disputed?

Answer: If the value of the stolen property is a key element of the case, the State must prove its value beyond a reasonable doubt. If the State fails to do so, you may face a lesser charge, such as Petit Theft.

How can Leppard Law help me fight a Grand Theft charge?

Answer: Leppard Law’s experienced criminal defense attorneys will thoroughly investigate your case, challenge the evidence against you, and develop a strong defense strategy. We will fight for your rights and work towards the best possible outcome for your case.

CONTACT LEPPARD LAW FOR A STRONG GRAND THEFT DEFENSE

If you are facing a Grand Theft charge in Orlando or Central Florida, don’t wait to protect your rights. Contact Leppard Law today for a free consultation with our skilled criminal defense attorney. We will fight aggressively to defend your case and pursue the best possible outcome. Contact us at 407-476-4111 now!