Grand Theft
In Florida, grand theft is the unlawful taking of property valued above a certain threshold, with the intent to deprive the owner of it. The offense is categorized based on the value of the stolen property and can range from a felony of the third degree to a felony of the first degree. Grand theft is defined under Florida Statutes § 812.014.
If you are facing theft charges in Jacksonville you will want to consult with an experienced Duval County defense attorney.
Definition of Grand Theft:
Grand theft occurs when a person:
1. Knowingly and unlawfully takes or uses property.
2. With the intent to permanently or temporarily deprive the owner of their right to the property or any benefit from it.
3. The value of the property stolen meets or exceeds a specified amount, typically $750 or more.
Degrees of Grand Theft:
1. Third-Degree Grand Theft:
Applies when: The stolen property is valued at $750 to less than $20,000, or the property taken includes specific items such as firearms, motor vehicles, commercial farm animals, fire extinguishers, or a stop sign, regardless of value.
Penalties:
Felony of the third degree.
Prison Time: Up to 5 years in prison.
Probation: Up to 5 years.
Fines: Up to $5,000.
2. Second-Degree Grand Theft:
Applies when: The stolen property is valued between $20,000 and less than $100,000, or involves emergency medical equipment valued at $300 or more, or law enforcement equipment from an authorized emergency vehicle.
Penalties:
Felony of the second degree.
Prison Time: Up to 15 years in prison.
Probation: Up to 15 years.
Fines: Up to $10,000.
3. First-Degree Grand Theft:
Applies when: The stolen property is valued at $100,000 or more, or the theft involves cargo valued at $50,000 or more, or the theft causes damage to the property in the course of the theft that exceeds $1,000.
Penalties:
Felony of the first degree.
Prison Time: Up to 30 years in prison.
Probation: Up to 30 years.
Fines: Up to $10,000.
Specific Types of Property in Grand Theft:
Certain types of property have special classifications under Florida law, and the theft of such items can lead to enhanced penalties, regardless of their value. These items include:
- Firearms
- Vehicles
- Controlled substances
- Commercial farm animals (like livestock)
- Aquaculture species raised at a licensed facility
- Emergency medical or law enforcement equipment
Additional Penalties and Consequences:
Restitution: Courts may order the defendant to pay restitution to the victim to cover the value of the stolen property.
Civil Penalties: Victims of theft may also pursue civil actions to recover damages.
Impact on Employment and Licenses: A conviction for grand theft can affect future employment opportunities and may lead to the revocation or suspension of certain professional licenses.
Defenses to Grand Theft Charges:
Possible defenses to a grand theft charge include:
Lack of Intent: Arguing that the defendant did not intend to permanently deprive the owner of the property.
Mistaken Ownership: The defendant believed they had a legal right to the property.
Consent: Demonstrating that the owner gave permission to take the property.
Valuation Disputes: Challenging the prosecution's valuation of the property to reduce the severity of the charge.
Legal Representation:
Given the serious nature of grand theft charges in Florida, anyone accused of this offense should seek legal representation. An experienced attorney can evaluate the evidence, explore possible defenses, and work to reduce or dismiss the charges. We can help.
Grand theft is a serious felony in Florida, and the penalties can have long-lasting consequences. Understanding the specifics of the charge and working with a qualified attorney can make a significant difference in the outcome of a case.
Given the potential penalties and long-term impact of these charges, it is critical to seek legal representation immediately. An experienced attorney can help challenge the evidence and develop a defense strategy to reduce or dismiss the charges. If you're charged in Duval County or anywhere call our office for a free and confidential consultation.