GRAND THEFT

In Florida, Grand Theft involves the taking of an item that is valued at $300.00 or more.

Florida Statute 812.014 defines Grand Theft as the unlawful taking or using of property, valued at $300 or more, with the intent to deprive the owner of their right to the property.

PENALTIES

Grand Theft can be charged as different felonies depending on the value and the type of property at issue.

Grand Theft: 3rd degree

Grand Theft will be charged as a third-degree felony, punishable by up to up to 5 years in prison or 5 years of probation and a $5,000 fine, if the property is:

  • Valued at $300 or more, but less than $20,000;

  • A will, codicil, or other testamentary instrument;

  • A firearm;

  • A motor vehicle;

  • Any commercially farmed animal;

  • Any fire extinguisher;

  • Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit;

  • Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d);

  • Any stop sign;

  • Any amount of a controlled substance as defined in s. 893.02.

Grand Theft: 2nd degree

Grand Theft is a second-degree felony, punishable by up to 15 years in prison or 15 years of probation, and a $10,000 fine, if the property is:

  • Valued at $20,000 or more, but less than $100,000;

  • Cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;

  • Emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or

  • Law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003.

  • Grand Theft: 1st degree

Grand Theft is classified as a first-degree felony, punishable by up to 30 years in prison, with a maximum fine of $10,000, if the property stolen is:

  • Valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or

  • Cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or

  • If the offender commits any grand theft and: (a) In the course of committing the offense the offender uses a motor vehicle as an instrumentality to assist in committing the offense and thereby damages the real property of another; or (b) In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000.

  • Additional conditions may include:

    • Anti-theft course

    • Stay away order

    • Restitution

    • Becoming a convicted felon

DEFENSES

Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Lack of intent;

  • Mistaken Value;

  • Misidentification;

  • Factual disputes;

  • Necessity or duress;

  • Crime committed by someone else

Grand Theft is considered a crime of dishonesty and can have serious consequences not only related to having a criminal record that may bar a person from certain types of employment, schooling, or licenses, but may also carry immigration and deportation consequences.

 

Charged with grand theft? Contact us today.

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