I have experience in defending grand theft cases in Orange County and Seminole County. I examine each grand theft case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced grand theft defense attorney is essential. Once hired, I will:
- Collect and review all written reports & video evidence in your case;
- Identify all possible defenses;
- Qualify you for a pretrial diversion program;
- Start negotiating with the prosecutor for a dismissal or reduced charges, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you or file lesser charges against you such as petit theft. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Is there a lack of evidence or a conflict in the evidence?
- Is the actual value of the alleged stolen property less than $750?
- Were you read your Miranda rights? Were any of your statements illegally obtained?
- Are there other factors that show your lack of intent to commit a crime?
- Were there any witnesses to this incident? Is there any video evidence of this incident?
- Are there other factors or motivations that show lack of intent to commit a crime?
What is Grand Theft
Grand theft is defined in Section 812.014, as a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
Grand Theft Third Degree
Grand theft third degree is charged when the value of the property is alleged to have a value more than $750 but less than $20,000. Grand Theft will also be deemed a third degree felony if the item was a firearm, motor vehicle, stop sign, fire extinguisher, or a commercially farmed animal.
Grand Theft Second Degree
Grand Theft second degree is charged when the value of the property is alleged to have a value greater than $20,000 but less than $100,000. Grand Theft will also be charged as a second degree felony if the item was emergency medical equipment or law enforcement equipment that is valued at greater than $750.
Grand Theft First Degree
Grand Theft first degree is charged when the value of the property is alleged to have a value greater than $100,000.
Defenses for Grand Theft
There are many defenses under Florida law available for an Orlando grand theft lawyer to apply to your grand theft case. Any Orange County grand theft charge can be defended by asserting one of the following legal defenses:
- Lack of Intent
- Obtaining or Using for Lawful Purpose
- Consent
Florida Grand Theft Penalties
In Florida, the penalties for grand theft depend on how the charge is classified. The classification applied to an offense depends on the value of the property taken. Third-degree grand theft is punishable by up to five years in prison, five years of probation and a $5,000 fine. Second-degree grand theft is punishable by 15 years in prison, 15 years of probation and a $10,000 fine. First-degree grand theft is punishable by up to 30 years in prison. Other sanctions include:
- Communication control, house arrest or supervised probation
- Anti Theft class or counseling
- Community service
- Drug evaluation and any recommended follow up treatment
- No contact or no return to the location of the incident
Florida Grand Theft Case Law
Bruce v. State, 44 Fla. L. Weekly D1284a (Fla. 4th DCA 2019) Victim’s testimony that her daughter told her that the stolen bracelet was worth close to $300 is insufficient to establish the felony value. The sheer volume of the items stolen cannot sustain an inference that the cumulative value is above $100. “[E]ven where stolen items would appear to have a minimum value based on the nature of the item, a lack of evidence as to that value is typically fatal.”
Johnson v. State, 1D16-5350 (Fla. 1st DCA 2017) Reversing a conviction for grand theft auto, the defendant lacked the requisite criminal intent where he re-possessed a vehicle in broad daylight and contacted police to report the intended re-possession as a result of non-payment of a loan. “The evidence presented regarding Johnson’s intent at the time of taking supports only a conclusion that he re-possessed the car as collateral for the unpaid loan.” Further, dual convictions for grand theft auto and theft of property within the vehicle at the time of the taking violate double jeopardy principles.
Call Me for a Free Consultation
If you were recently arrested or charged with any Florida grand theft offense, please call my Orange County grand theft defense law firm located in Winter Park, FL. Call 407-740-7275 to discuss your case. I am open six days a week and I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have experience in defending grand theft cases in Orange County and Seminole County. I examine each grand theft case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced grand theft defense attorney is essential. Once hired, I will:
- Collect and review all written reports & video evidence in your case;
- Identify all possible defenses;
- Qualify you for a pretrial diversion program;
- Start negotiating with the prosecutor for a dismissal or reduced charges, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you or file lesser charges against you such as petit theft. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Is there a lack of evidence or a conflict in the evidence?
- Is the actual value of the alleged stolen property less than $750?
- Were you read your Miranda rights? Were any of your statements illegally obtained?
- Are there other factors that show your lack of intent to commit a crime?
- Were there any witnesses to this incident? Is there any video evidence of this incident?
- Are there other factors or motivations that show lack of intent to commit a crime?
What is Grand Theft
Grand theft is defined in Section 812.014, as a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
Grand Theft Third Degree
Grand theft third degree is charged when the value of the property is alleged to have a value more than $750 but less than $20,000. Grand Theft will also be deemed a third degree felony if the item was a firearm, motor vehicle, stop sign, fire extinguisher, or a commercially farmed animal.
Grand Theft Second Degree
Grand Theft second degree is charged when the value of the property is alleged to have a value greater than $20,000 but less than $100,000. Grand Theft will also be charged as a second degree felony if the item was emergency medical equipment or law enforcement equipment that is valued at greater than $750.
Grand Theft First Degree
Grand Theft first degree is charged when the value of the property is alleged to have a value greater than $100,000.
Defenses for Grand Theft
There are many defenses under Florida law available for an Orlando grand theft lawyer to apply to your grand theft case. Any Orange County grand theft charge can be defended by asserting one of the following legal defenses:
- Lack of Intent
- Obtaining or Using for Lawful Purpose
- Consent
Florida Grand Theft Penalties
In Florida, the penalties for grand theft depend on how the charge is classified. The classification applied to an offense depends on the value of the property taken. Third-degree grand theft is punishable by up to five years in prison, five years of probation and a $5,000 fine. Second-degree grand theft is punishable by 15 years in prison, 15 years of probation and a $10,000 fine. First-degree grand theft is punishable by up to 30 years in prison. Other sanctions include:
- Communication control, house arrest or supervised probation
- Anti Theft class or counseling
- Community service
- Drug evaluation and any recommended follow up treatment
- No contact or no return to the location of the incident
Florida Grand Theft Case Law
Bruce v. State, 44 Fla. L. Weekly D1284a (Fla. 4th DCA 2019) Victim’s testimony that her daughter told her that the stolen bracelet was worth close to $300 is insufficient to establish the felony value. The sheer volume of the items stolen cannot sustain an inference that the cumulative value is above $100. “[E]ven where stolen items would appear to have a minimum value based on the nature of the item, a lack of evidence as to that value is typically fatal.”
Johnson v. State, 1D16-5350 (Fla. 1st DCA 2017) Reversing a conviction for grand theft auto, the defendant lacked the requisite criminal intent where he re-possessed a vehicle in broad daylight and contacted police to report the intended re-possession as a result of non-payment of a loan. “The evidence presented regarding Johnson’s intent at the time of taking supports only a conclusion that he re-possessed the car as collateral for the unpaid loan.” Further, dual convictions for grand theft auto and theft of property within the vehicle at the time of the taking violate double jeopardy principles.
Call Me for a Free Consultation
If you were recently arrested or charged with any Florida grand theft offense, please call my Orange County grand theft defense law firm located in Winter Park, FL. Call 407-740-7275 to discuss your case. I am open six days a week and I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
