Under Florida law, the crime of grand theft is defined as the unlawful taking of another person’s property with a value of at least $750. If the stolen property is a motor vehicle, the accused would be charged with grand theft auto. If convicted of the crime, there are penalties such as time in jail and fines.
Whether you are charged with a misdemeanor or felony, it is important to hire an experienced attorney as soon as possoible. Our criminal lawyers can represent you to secure the best possible outcome.
What is a theft crime in Florida?
Under 812.014, Fla. Stat. (2022) you can be charged with a theft offense if you knowingly take or try to take property that is owned by someone else without authorization. A theft can be shoplifting, grand theft auto, fraud, embezzlement and identifty theft, to name a few and these offenses range in levels or severity based on the value of the property taken and its type.
False Accusations of Theft
In some cases poeple are charged with theft after someone makes a false accusation against them. Our office can immediately address your situation and contact the prosecutor before charges are filed and in some cases, we can convince the prosecutor not to file formal charges. Therefore, it is important to contact a lawyer immediately.
Shoplifting or Retail Theft
Shoplifting offenses are the most common types of theft charges. Also, known as retail theft. Many counties offer a diversion program for first-time offenders. If you enter a diversion program, your theft case will be handled outside the criminal justice system so that you can avoid having a criminal record. The penalties for shoplifting/retail theft vary based on the value of the property taken as described below.
Retail Theft Under $100
If the property value less than $100 it carries to the following potential penalties:
- second-degree misdemeanor petit theft
- maximum jail sentence of 60-days
- a maximum fine of $750
Retail Theft Valued Between $100 to Less Than $750
If the property value is more than $100 and less than $750 it carries to the following potential penalties:
- first-degree misdemeanor petit theft
- maximum jail sentence of 12 months
- maximum fine of $1,000
Retail Theft Valued at $750 or More
If the property value is more than $750 it carries to the following potential penalties:
- third-degree felony
- maximum five years in prison
- maximum fine of $5,000
Petit Theft as a Repeat Offender
If you have two or more previous theft convictions of any type, it carries to the following potential penalties:
- third-degree felony
- maximum five years in prison
- maximum fine of $5,000
Theft From an Elderly Person
Under 812.0145, Fla. Stat. (2022) you can face enhanced penalties if you steal property valued at $1,000 or more from a person who is 65 years of age or older. The court will order you to pay restituton to the victim and complete a minimum of 500 community service hours. In addition to this you are facing the following penalties:
- If the funds, assets, or property involved are valued at $50,000 or more, the offender commits a felony of the first degree
- If the funds, assets, or property involved are valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree
- If the funds, assets, or property involved are valued at $300 or more, but less than $10,000, the offender commits a felony of the third degree
Dealing in Stolen Property
In Florida, trafficking means selling, transferring, or distributing property or buying stolen property with the intent to sell the items. Under 812.019, Fla. Stat. (2022), you can be charged with this crime if you intentionally and knowingly traffic in property that you knew was stolen. If you are convicted of this offense, you will be penalized for a second-degree felony with a potential maximum sentence of 15 years in prison and a $10,000 fine. If you orchestrate the theft and the traffic it, you could be convicted of a first-degree felony with a potential sentence of 30 years in prison and a $10,000 fine.
Related Crimes
Several related crimes canbe charged by prosecutors in Florida. These offenses are related to theft crimes but incude additional factors. Some of these offenses are Burglary, and Robbery to name a few.
Crime of Grand Theft Auto
In Florida, to be charged with the crime of grand theft auto, certain conditions of theft must be proven, including:
- You knowingly used or obtained or tried to use or obtain another person’s motor vehicle.
- You had the intent to deprive the person of the motor vehicle either temporarily or permanently.
- Either you or someone else planned to use the motor vehicle without being authorized to do so.
- The vehicle—whether it is a car, truck, motorcycle, boat, or another motorized vehicle—had a value of at least $750.
The Best Defenses for Grand Theft in Florida
According to our Fort Lauderdale criminal lawyer, if you have been accused of grand theft in Florida, there are several defenses that can be used to dispute the charge, such as:
- Lack of intent. The defendant will need to prove that they did not intend to commit the crime in order to avoid a conviction.
- Joint ownership. The defendant believed that they had either joint ownership of the vehicle or had a right to take the vehicle.
- Vehicle owner consent. The accused believed that the vehicle owner gave their consent to take the vehicle, or they had a legal right to take possession of it, so they were not aware that this was a crime.
- Mistake of fact. The defendant had no intent to commit a crime and believed that the vehicle was rightfully theirs to take or that they were sold a stolen vehicle and were not aware of this fact.
- Voluntary abandonment. The accused stopped committing the crime due to their own conscience and withdrew from the attempted theft of the vehicle without being prompted to do so.
- Mere presence. The defendant did not commit a crime. They were merely present at the scene at the time that the theft was committed and were not an active participant.
- Act of necessity or duress. The accused believed that there was a threat of physical or economic harm that was beyond their control and that they took the vehicle as an act of necessity or duress to escape the harm.
Penalties for Grand Theft Auto in Florida
Having a Fort Lauderdale criminal lawyer experienced with grand theft in Florida on your side is important in building a strong defense. If charged with the crime, you can face severe penalties. The felony charges in Florida for grand theft auto depend on the value of the vehicle that was taken and include:
- Vehicle value of less than $20,000. This is considered a third-degree felony. The penalty is up to five years in jail, five years of probation, and/or a fine of $5,000.
- Vehicle value between $20,000 and $100,000. This is considered a second-degree felony. The penalty is fifteen years in jail, fifteen years of probation, and/or a fine of $10,000.
- Vehicle value over $100,000. This is considered a first-degree felony. There is a maximum sentence of thirty years in prison with a minimum of 21 months in prison, thirty years of probation, and/or a fine of $10,000.
Contact Our South Florida Criminal Lawyer for a Free Consultation
Board-certified criminal trial attorney Robert David Malove defends all types of criminal charges throughout Florida, from misdemeanor traffic offenses to violent felonies. We offer free consultations and affordable payment plans to make justice accessible to everyone. Contact us online or call us today to have us explain your options at no cost. We have offices in Fort Lauderdale, Fort Myers, Fort Pierce, Key West, and West Palm Beach.
Related Links:
