Property value doesn't matter in grand theft charges

A moment of poor judgment, an attempt at humor gone awry, or a misunderstanding between friends—scenarios like these can quickly escalate into felony grand theft charges in Florida, leaving the accused individual stunned and terrified. While many people assume an item's value determines whether taking it qualifies as petit or grand theft, Florida law outlines numerous exceptions that can lead to far more serious consequences than expected.

As a team of experienced grand theft lawyers at the Law Offices of Robert David Malove, we've successfully defended many clients in Lee County, Fort Myers, and Cape Coral who found themselves blindsided by felony grand theft charges. Our in-depth knowledge of Florida's complex theft laws, combined with our proactive and aggressive defense approach, can make all the difference in your case. We'll thoroughly investigate the circumstances surrounding your arrest, explore every available strategy, and work tirelessly to achieve the best possible outcome on your behalf.

Ten Types of Property That Automatically Lead to Grand Theft Charges in Lee County

In Florida, you would generally be charged with petit theft, which is a misdemeanor if the stolen property’s value is less than $750.00. Theft becomes grand theft, a felony, when the property’s value is $750.00 or more.

However, certain types of property are deemed so critical to public safety and order that taking them immediately results in grand theft charges, regardless of their actual monetary value, under  Florida Statute § 812.014. Here are ten types of property that would result in grand theft charges:

  1. Firearms, weapons, or ammunition
  2. Motor vehicles, including cars, trucks, and motorcycles
  3. Controlled substances or illegal drugs
  4. Commercially farmed animals, such as cows, pigs, or chickens
  5. Road signs, traffic signals, or construction barricades
  6. Medical equipment or gear from emergency response vehicles
  7. Citrus fruits consisting of 200 or more pieces of fruit
  8. Fire extinguishers or other fire prevention equipment worth at least $300
  9. Stop signs removed from their installed location
  10. Law enforcement gear or equipment valued at $300 or more

Many of these elevated charges stem from items accessible in our daily lives across Lee County. A teenager moving a traffic cone as a prank, a college student borrowing their roommate's unloaded gun without permission, a person struggling with addiction taking a friend's prescription medication—all of these scenarios could lead to felony charges and the life-altering consequences that accompany them.

What Are the Penalties for Grand Theft in Florida? 

Depending on the type of property you are accused of stealing, you could be charged with a first-degree, second-degree, or third-degree felony. If you’re convicted, you face harsh penalties, including the following: 

  • Third-degree felony. Up to 5 years in prison, 5 years of probation, and a $5,000 fine
  • Second-degree felony. Up to 15 years in prison, 15 years of probation, and a $10,000 fine
  • First-degree felony. Up to 30 years in prison, 30 years of probation, and a $10,000 fine

How Can You Defend Against Grand Theft Charges When the Property’s Value Doesn’t Matter in Fort Myers?

If you're facing grand theft charges in Fort Myers, Cape Coral, or other cities in Lee County, it’s essential to recognize that you could have strong defenses even if you believe you’re guilty. By developing an aggressive defense strategy, our knowledgeable graft theft lawyers may be able to have the charges dismissed or reduced to a less serious offense. Here are some defenses we may use to fight your charges: 

Lack of Intent 

If you did not intend to deprive the owner of their property permanently, our attorneys may argue that the essential element of intent is missing. This defense can be particularly relevant in cases involving borrowed items or misunderstandings.

Insufficient Evidence 

The prosecution must prove every element of the alleged crime beyond a reasonable doubt. If the evidence against you is weak, incomplete, or based on unreliable testimony, we can challenge its sufficiency and work to have the charges reduced or dismissed.

False Accusations

In some cases, grand theft charges may stem from false allegations made by someone with a grudge or ulterior motive. Our legal team can investigate the accuser's background and credibility to expose any inconsistencies or lies.

Ownership Disputes 

If there is a genuine question about who rightfully owns the property in question, our lawyers may be able to argue that you had a valid claim to the item and lacked criminal intent. This defense can be especially relevant in cases involving jointly owned property or assets in a divorce.

Violations of Your Constitutional Rights

If law enforcement violated your constitutional rights, such as by conducting an unreasonable search and seizure, failing to inform you of your Miranda rights, or failing to acknowledge your right to a lawyer, we can file a motion to suppress any evidence obtained illegally. This can significantly weaken the prosecution's case against you.

Take Swift Action to Protect Your Future With the Help of the Law Offices of Robert David Malove

When your future hangs in the balance, you need a dedicated legal team that will stand by your side and fight for your rights at every turn. At the Law Offices of Robert David Malove, our experienced grand theft lawyers have a proven track record of success defending clients throughout Lee County, Fort Myers, Cape Coral, and the surrounding areas. 

We'll take the time to listen to your story, answer your questions, and develop a personalized strategy designed to secure the best possible resolution in your case. With our guidance and advocacy, you can challenge the accusations against you, work to minimize the consequences, and protect your freedom and your future. 

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