Grand Theft Attorney

I have experience in defending grand theft cases in Orange County, Seminole County and throughout the entire Central Florida area. 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:

  1. Collect and review all written reports & video evidence in your case;
  2. Identify all possible defenses;
  3. Qualify you for a pretrial diversion program;
  4. Start negotiating with the prosecutor for a dismissal or reduced charges, and
  5. Do whatever is necessary to avoid a criminal conviction.

jail building

The Facts of Your Grand Theft Case are Important

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any grand theft case 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

The offense of 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:

(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

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

Intent is a required element of grand theft in Florida, outlining the notion the Defendant intended to deprive another person or entity of his or her rights to the property. Thus, if the defendant had a good faith belief that he or she owned the property, or at least had a possessory interest in the property including a joint ownership interest, this will serve as a complete defense.

Obtaining or Using for Lawful Purpose

It is a defense to grand theft that the Defendant lawfully used or took property belonging to another. Thus, if the Defendant had a legal right to take or dispose of the property, this too will serve as a defense to the charge.

Consent

A belief that the defendant had the consent of the owner to take the property will serve as a defense to a Florida charge of Grand Theft.

Glass wall in the office building

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

Grand Theft Case Law

Johnson v. State, 1D16-5350 (Fla. 1st DCA Oct. 6, 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.

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I have experience in defending grand theft cases in Orange County, Seminole County and throughout the entire Central Florida area. 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:

  1. Collect and review all written reports & video evidence in your case;
  2. Identify all possible defenses;
  3. Qualify you for a pretrial diversion program;
  4. Start negotiating with the prosecutor for a dismissal or reduced charges, and
  5. Do whatever is necessary to avoid a criminal conviction.

jail building

The Facts of Your Grand Theft Case are Important

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any grand theft case 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

The offense of 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:

(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

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

Intent is a required element of grand theft in Florida, outlining the notion the Defendant intended to deprive another person or entity of his or her rights to the property. Thus, if the defendant had a good faith belief that he or she owned the property, or at least had a possessory interest in the property including a joint ownership interest, this will serve as a complete defense.

Obtaining or Using for Lawful Purpose

It is a defense to grand theft that the Defendant lawfully used or took property belonging to another. Thus, if the Defendant had a legal right to take or dispose of the property, this too will serve as a defense to the charge.

Consent

A belief that the defendant had the consent of the owner to take the property will serve as a defense to a Florida charge of Grand Theft.

Glass wall in the office building

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

Grand Theft Case Law

Johnson v. State, 1D16-5350 (Fla. 1st DCA Oct. 6, 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.

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