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In Florida, the dollar value of allegedly stolen items can mean the difference between a misdemeanor petit theft charge and a felony grand theft case. Prosecutors often rely on inflated, unsupported property valuations to push theft offenses over the $750 grand theft threshold.
At the Law Offices of Robert David Malove, our experienced grand theft defense lawyers know how to challenge these numbers and fight for the best outcome in your criminal case. We use proven strategies to dispute overblown property values in theft cases across Collier County, Naples, and Marco Island. We’ll dig deep to uncover the real facts about allegedly stolen goods—and build compelling arguments to get your grand theft charges reduced or dismissed.
The Critical $750 Cut-Off: When Petit Theft Becomes Grand Theft in Florida
Under Florida Statute § 812.014, theft offenses are divided into petit theft and grand theft. The charges you face is based on the value of the property involved:
- Petit theft. If the property’s value is between $100 and $749, the charge is a second-degree misdemeanor. If convicted, the punishments include a 60-day jail sentence and $500 fine.
- Grand theft. When the value of the property is $750 or more, you would be charged with a first-degree, second-degree, or third-degree felony based on the property’s valuation. The sentence for grand theft can include five to 30 years in prison and a fine of up to $10,000.
As you can see, the jump from misdemeanor to felony happens at $750. This means even a slight difference in valuation can have significant consequences for you.
Why Do Prosecutors Inflate Property Values in Collier County Grand Theft Cases?
Prosecutors have a clear incentive to argue for the highest possible property value to raise the charges to grand theft—but inflated estimates don't always stand up to scrutiny. Here are several reasons why the alleged value of stolen goods might be unfairly high:
- Replacement cost vs. actual cash value. Prosecutors often claim an item's replacement cost as its value rather than its depreciated worth. We push for realistic market values.
- Biased or inexpert appraisals. Prosecutors may rely on the alleged victim’s valuation of their property. However, victims may overestimate what their property is worth, out of anger or lack of objectivity. We bring in experienced, independent appraisers.
- Grouping items together. Prosecutors may combine the value of multiple items to reach the grand theft threshold, even if they were allegedly taken in separate incidents. Our attorneys insist that each accusation be evaluated on its own.
Higher values mean harsher charges and stiffer penalties. That's why it's so important to examine the basis for the state's claims—and fight back against numbers that just don't add up.
How Can You Fight Back and Prove the Property’s True Value in a Grand Theft Case?
With the help of our skilled grand theft defense lawyers, you can challenge the prosecutor’s valuations of the property allegedly stolen. At the Law Offices of Robert David Malove, we leave no stone unturned in the quest for evidence to support a more appropriate valuation that could result in your grand theft charges being reduced to petit theft. Here are some of the ways we accomplish this:
- Scrutinize charging documents. Our attorneys will carefully review police reports and prosecutor filings to identify unsupported or inconsistent claims about the value of allegedly stolen items. Any gaps or discrepancies become opportunities to argue for reduced amounts.
- Investigate the item’s condition. By interviewing witnesses and examining evidence, we’ll gather key details about the age, quality, and functionality of the property at issue. Items that are used, damaged, or obsolete often have a fair market value well below what prosecutors claim.
- Research comparable values. Our legal team will conduct thorough market analyses to establish the going rate for similar goods in the relevant area and timeframe. Objective data on actual resale prices and depreciation undermine inflated estimates.
- Enlist valuation experts. If necessary, we’ll hire a qualified appraiser and other specialists to provide authoritative opinions on the true worth of property. Their professional assessments carry strong weight in plea bargain negotiations and at trial.
We then use this information to negotiate with prosecutors for reduced charges, often before the case even goes to court. When the state's evidence for felony grand theft is weak, we can usually reach an agreement for misdemeanor petit theft instead—or even outright dismissal.
Don't Let a Dollar Amount Determine Your Future
Felony convictions carry heavy costs, from prison time to a permanent record. You owe it to yourself to fight overblown theft charges based on unfair property valuations. With experience defending clients across Naples, Marco Island, and Collier County, the Law Offices of Robert David Malove knows what it takes to mount a strong valuation challenge as part of your defense.
Our grand theft defense lawyers will help you take the correct steps to build a solid defense and avoid costly mistakes that could make defending you harder. We also have the skills, resources, and tenacity to:
- Cast doubt on every element of the state's case against you
- Gather compelling evidence to support reduced values
- Negotiate forcefully to downgrade or dismiss inflated charges
- Take your case to trial and fight for exoneration when necessary
Don't let a felony theft charge derail your life over a few hundred dollars. Together, we'll hold prosecutors to their burden of proof—and battle for the justice you deserve.
