Grand Theft Felonies
Florida classifies theft, larceny, robbery, and burglary distinctively. Grand theft is a specific intent crime, not a general intent crime. It means that a defendant allegedly stole property from another with the intent to permanently deprive the other person of their property. Grand theft is a felony, and the property illegally taken must be worth more than $300 dollars to constitute more than simple theft. Penalties for grand theft conviction include prison, fines, probation and community service. If you or a family member were recently arrested and booked for grand theft, you need the help of a skilled attorney.
Grand Theft Classifications & Potential Punishments
A defendant is charged with first degree grand theft if the defendant uses a vehicle in the commencement of the theft, if the property is stolen from a cargo vehicle, or is valued at more than 100,000 dollars. If the property stolen is valued between $20,000 but less than $100,000 the defendant is charged with second degree grand theft. A defendant can also be charged with second degree theft if they steal property from a police car or emergency medical vehicle.
There are numerous offenses that garner a third degree felony offense, including theft of a will, stop sign, large amounts of citrus fruit, farm animals, fire extinguishers, or any personal property between $300 and $20,000 dollars. Depending on the dollar amount, the penalties vary. For example, a third degree felony is punishable by a maximum $5,000 fine and 5 years in prison. A first or second degree felony is punishable by a maximum of $10,000 in fines. Second degree grand theft is punishable by a maximum in 15 years in prison. Felonies are punishable under the Florida Criminal Punishment Code sentencing guidelines.
Defenses to Grand Theft
There are several defenses to a grand theft charge, including lack of specific intent. Because grand theft felonies require specific intent to permanently deprive another of personal property, the prosecution must establish that the defendant had the malice and specific intent to commit the crime. If an item was loaned to the defendant or the defendant had bailment over the item, or borrowed the item and can prove the alleged victim granted consent, that is a viable defense. A defendant can also claim mistake of consent, meaning he or she believed the property was their own, and therefore did not have the intent to permanently deprive. If the defendant establishes that their conduct does not meet one or multiple elements of the crime, they would move to dismiss the charges or request summary judgment. Your defense will be tailored to your unique circumstances and the facts of your case.
Schedule a Free Consultation
If you have been charged with a property crime including grand theft, it is essential you have effective counsel. Tampa theft attorney Bryant Scriven has years of experience as a prosecutor, and additional tenure as a seasoned criminal defense attorney. He has litigated multiple cases and will ensure your best interests, reputation, career and freedom are protected. Grand theft is a felony, and conviction could mean time in prison. Don’t put your future to chance. Call Attorney Scriven today for a free consultation.