As South Florida criminal defense lawyers, we understand the panic and confusion that set in when you're accused of stealing valuable property. Grand theft is a serious felony offense in Florida, and a conviction carries harsh penalties that could result in prison time, fines, and other severe consequences.
Your actions in the early stages of a grand theft case are crucial. By responding strategically from the start, you and your lawyer may be able to minimize the potential consequences and work toward the best possible outcome.
First, Understand the Alleged Crime: What is Grand Theft in Florida?
Under Florida Statute Section 812.014, petit theft and grand theft involve knowingly obtaining or using the property of another with intent to temporarily or permanently:
- Deprive the owner of their right to or benefit from the property; or
- Appropriate the property for your own use or the use of any person not entitled to it
Degrees of Grand Theft
Florida law defines three degrees of grand theft, depending on the value and type of property:
- Grand Theft – First Degree (Felony of the First Degree)
Some examples of grand theft in the first degree include:
- Property valued at $100,000 or more
- Theft of a semi-trailer used by law enforcement
- Theft of cargo valued at $50,000 or more in transit
- Use of a vehicle (other than as a getaway) during the crime and damages exceed $1,000
The potential penalty for grand theft in the first degree is 30 years in prison and a $10,000 fine.
- Grand Theft – Second Degree (Felony of the Second Degree)
Examples of grand theft in the second degree include:
- Property valued between $20,000 and $100,000
- Theft of cargo in commerce valued less than $50,000
- Emergency medical equipment or law enforcement equipment valued at $300 or more taken from a facility or vehicle
The potential penalty for grand theft in the second degree is 15 years in prison and a $10,000 fine.
- Grand Theft – Third Degree (Felony of the Third Degree)
Grand theft in the third degree may involve one of the following:
- Property valued between $750 and $20,000
- Certain protected property types regardless of value, such as firearms, motor vehicles, commercially farmed animals, a will or codicil, fire extinguishers, stop signs, or controlled substances.
The potential penalty for grand theft in the third degree is five years in prison and a $5,000 fine.
Simply being in possession of stolen property can also lead to grand theft charges if you knew or should have known it was stolen. For example, if you purchase jewelry that you have reason to believe was stolen, you could be charged.
What to Do When the Police Contact You
We know this can be a scary time. We encourage you to contact an experienced South Florida criminal defense lawyer as soon as possible. Additionally, it’s essential:
To Exercise Your Right to Remain Silent
Many people think they can explain away the allegations if they just tell their side of the story. Resist this temptation. The police are not on your side, and anything you say to them can and will be used against you.
Instead, politely decline to answer questions. A simple "I am exercising my right to remain silent" will suffice. Your lawyer will communicate with law enforcement on your behalf to gather information about the allegations.
Not to Destroy or Tamper with Evidence
If you know there are text messages, emails, or other items that might be relevant to the grand theft investigation, your first instinct may be to delete or dispose of them. Please don't do it. Destroying evidence can lead to additional criminal charges and make you look guilty.
Your attorney will review any potential evidence and determine the best approach. It may be possible to challenge the admissibility of specific evidence if it was obtained illegally.
Consider Your Possible Defenses
While the specific defense strategy will depend on the unique facts of your case, there are several defenses against grand theft charges in Florida that your lawyer may consider, such as:
- Lack of intent. Grand theft requires intentional action. If you took someone's property by accident or believed it was yours, that negates the intent element of the offense.
- Ownership claims. If you had a good-faith belief that you had an ownership interest in the property, that can serve as a defense against grand theft allegations.
- Consent. Theft did not occur if the owner consented to you taking the property. The issue often comes down to proving consent existed.
- Valuation disputes. The severity of the charge depends on the value of the property. It may be possible to get a grand theft charge reduced by challenging the alleged value.
- Innocence: The prosecution must prove your guilt beyond a reasonable doubt. Challenging the sufficiency of the evidence may lead to an acquittal or dismissal.
- The statute of limitations expired. The State of Florida has a limited time to file charges against you. In cases of grand theft in the third degree, the statute of limitations is five years. One of our clients came to us after being accused of committing grand theft in the third degree between August 1, 2018, and February 28, 2019. The state did not initiate charges against her until August 2024, which was beyond the five-year statute of limitations. We filed a motion to dismiss, and the case was dismissed within two weeks.
An experienced South Florida grand theft defense lawyer will analyze every aspect of your case to determine the strongest defenses in your case.
Gather Evidence to Support Your Defense
Your attorney will conduct an independent investigation to secure evidence that tells your side of the story. This may include:
- Interviewing witnesses who can verify your innocent explanations for the property possession
- Obtaining surveillance footage that contradicts the allegations
- Highlighting bias or credibility issues with the accuser
- Documenting the actual value of the property
- Exposing police misconduct in gathering evidence against you
It's essential to be fully transparent with your lawyer. Attorney-client privilege means the information you share is confidential, and your lawyer needs to know about any potential weaknesses in your case to build the most vigorous defense.
Don’t Wait to Hire a South Florida Criminal Defense Lawyer
Florida grand theft cases are often complicated, and you have far too much at stake to face the allegations alone. You need a fierce legal advocate who knows how to fight back against felony charges.
Here’s what the father of one of our clients who was charged with grand theft said about working with Robert Malove, “My son was arrested on a slew of charges ranging from grand theft, probation violation etc., etc. I had retained another attorney, but was dissatisfied with his service. I found Robert Malove on AVVO.com and after calling several attorneys, I decided to call him….Well, to make this simple, Mr. Malove is very reasonable, he is a down to earth lawyer – someone who you would want at your birthday party. The guy is a total genius at what he does! I must have been his most difficult client, but he performed beyond my wildest imaginations. 5 stars is not enough for Mr. Malove. Is there a way to give him 20?”
Even if you're still under investigation and haven't been formally charged, consulting with a lawyer early allows you to make smart decisions that may improve your chances of a positive outcome.
At The Law Offices of Robert David Malove, we understand the anxiety and fear that come with grand theft accusations. When you're facing the possibility of prison time and a permanent felony record, every decision matters. We're here to guide you through each critical choice and never stop fighting for the justice you deserve.
