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Criminal charges are rarely as straightforward as they seem. Behind every charge lies numerous considerations, intentions, and untold explanations — and the same is true for stigmatized charges such as grand theft.
If you’re like most Floridians, you have a limited understanding of grand theft offenses. Although it sounds like a crime of massive proportions, the truth is that the threshold for meeting this charge is relatively low. Unfortunately, the legal penalties associated with conviction are anything but minor.
Being accused of grand theft in Florida can result in life-upending consequences that reach beyond just legal penalties, which is why it’s critical to mount an aggressive defense. Not sure how to start? Don’t worry — Sergio Cruz Criminal Defense is here to help. This article will explain everything you need to know about grand theft in Florida, including possible penalties, defense strategies, and more.
What You Should Do if You’ve Been Accused of Grand Theft in Orlando
Few legal professionals are as dedicated and hardworking as public defenders, but that doesn’t make them the right legal advocates for your case. The majority of these attorneys routinely carry massive caseloads and are stretched too thin to provide the kind of custom-tailored, robust legal defense you’ll need to avoid conviction.
When you partner with a dedicated criminal defense lawyer at Sergio Cruz Criminal Defense, you receive the individualized legal advice, guidance, and strategies you deserve. With years of experience, vast resources, and unparalleled expertise, our criminal defense attorneys are the ideal candidate to defend your future and clear your name.
How Does Florida Define Grand Theft or Grand Larceny?
In the State of Florida, grand theft — which is also known as grand larceny — is governed by Florida Statutes, Chapter 812. It occurs when an individual unlawfully takes someone else’s property with the intent to deprive them of its use or benefit. Its specific classification and the penalties associated with conviction depend largely on the value of the stolen property, as well as other specific circumstances of the incident.
What Are the Different Types of Theft Crimes?
There are various types of Orlando theft crimes, each with distinct criteria, implications, and penalties. This includes three different degrees of grand theft, and understanding their differences is critical to your case. Here’s a breakdown of the various types of theft crimes in under Florida law:
Petit Theft
Petit theft (also known as petty theft) involves the unlawful taking of property valued at less than $750. If the value of stolen property is less than $100, it is considered second-degree petit theft, which is a second-degree misdemeanor. If the property is valued between $100 and $750, it’s considered first-degree petit theft, which is a first-degree misdemeanor.
Grand Theft in the Third Degree
Third-degree grand theft occurs when the stolen property is valued between $750 and $20,000. This charge also applies to the theft of a will or testamentary instrument, a firearm, motor vehicle, a fire extinguisher, a stop sign, and various other circumstances, and is charged as a third-degree felony.
Grand Theft in the Second Degree
When the stolen property is valued between $20,000 to $100,000, the crime is considered second-degree grand theft. This charge also applies to theft of cargo valued at less than $50,000 in transit, emergency medical equipment or law enforcement equipment valued at more than $300, and other specific circumstances. It is considered a second-degree felony.
Grand Theft in the First Degree
First-degree grand theft occurs when the value of the stolen property is $100,000 or more. This charge also applies to theft of a semitrailer deployed by a law enforcement officer, cargo valued at $50,000 or more in transit, and other circumstances. It is considered a first-degree felony in the State of Florida.
What Are the Different Penalties for Grand Theft Crimes?
All grand theft crimes are considered felonies in Florida, and the penalties associated with each are determined by the degree. Here’s a breakdown of penalties for each degree of grand theft:
- Grand theft in the third degree is punishable by up to five years in prison, up to five years on probation, a fine up to $5,000, and restitution to the victims for the value of their stolen property.
- Grand theft in the second degree is punishable by up to 15 years on probation or in prison, up to $10,000 in fines, and restitution to the victims for the value of their stolen property.
- Grand theft in the first degree is punishable by up to 30 years in prison and on probation, a fine up to $10,000, and restitution to the victims for the value of their stolen property.
Although these are the possible punishments for each degree of grand theft, certain circumstances — such as stealing emergency medical or police equipment — can result in enhanced penalties. Additionally, courts may make special considerations for juvenile offenders. Regardless of the specific charges, any type of grand theft is considered a felony and punished harshly under Florida law.
What Are the Best Defenses Against Grand Larceny?
There is no one-size-fits-all approach to defending against grand larceny charges. The best grand theft defense strategy for you depends on the specific details of your case. That being said, there are several commonly used arguments that we can explore together, including the following:
- Lack of intent. You had no intention of stealing anything. Perhaps you intended to return the property or believed you had a right to the property.
- Equal ownership. You co-own the property with another person; you have a legitimate ownership interest in it; or there is a dispute over the allegedly stolen property’s ownership. In any case, you had no intention to steal it.
- Valueless property. The allegedly stolen property has no actual market value and does not meet the threshold for grand larceny.
- Honest mistake. You genuinely believed you had a right to the property. Perhaps you mistakenly believed the property was yours or were unaware it belonged to someone else and had no intention of stealing anything.
- Owner’s consent. The owner of the property gave you permission to take or use it, disqualifying you from being convicted of grand larceny.
- Necessity. Taking the property was necessary in order to prevent greater harm from occurring, such as an immediate threat to you.
- Duress. You were forced to commit grand larceny under threat of harm.
This is not an exhaustive list of possible legal defenses. Navigating the best way to avoid a grand larceny conviction will require assistance from an experienced grand theft attorney. Luckily, you don’t have to look too far.
Sergio Cruz Criminal Defense: Grand Theft Lawyers in Central Florida
No matter how you slice it, grand theft charges in Florida are extremely serious. Grand larceny always constitutes a felony, regardless of the degree, meaning that a conviction will have a serious impact on your freedom, civil liberties, reputation, and relationships. The best way to mitigate the harmful effects of conviction is to speak with an attorney as soon as possible. Contact Sergio Cruz Criminal Defense to start building a rock-solid case for your future.
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