Criminal Defense Attorney For Grand Theft
Grand theft — sometimes referred to as grand larceny — is a felony offense. Given the magnitude of these cases, they are often handled more aggressively by the prosecution than misdemeanor cases, such as petty theft. Penalties for a conviction of grand theft may include hefty fines, years of incarceration and probation, restitution, and a permanent criminal record that could deprive convicted individuals of job opportunities and benefits from the federal government.
If you or a loved one are involved in a grand theft case, reach out to our defense attorney immediately for legal counsel and representation. It is always in the accused party’s best interest to begin formulating a defense as early as possible. Adam Stout is ready to defend your rights and use his depth of knowledge and years of experience in the courtroom to get you a favorable ruling. Don’t let a felony conviction negatively impact the rest of your life — contact our law firm today to request a free case consultation!
Florida Grand Theft Law
Per Florida statute §812.014, theft is defined as an act in which a person deliberately endeavors to obtain or use another’s property, and (a) deprive them of the right to the property or benefits from the property, or (b) appropriate the usage of said property to any person unentitled to that property’s use. For a case to be considered grand theft, the property must be valued at $300 or more. Grand theft cases are then divided into first-, second-, and third-degree felonies, the definitions and penalties of which depend on the type and value of the property.
First-Degree Grand Theft
First-degree grand theft occurs when the property in question is valued at or greater than $100,000 ($50,000 minimum for shipping cargo.) These cases are punishable as first-degree felonies, with possible penalties of up to 30 years in a Florida State Prison, up to 30 years of probation, and a fine of up to $10,000.
Second-Degree Grand Theft
Second-degree grand theft occurs when the property in question is valued less than $100,000 but over $20,000 ($50,000 minimum for shipping cargo, and $300 for emergency medical equipment.) These cases are punishable as second-degree felonies, carrying penalties of up to 15 years in prison, up to 15 years of probation, and a fine of up to $10,000.
Third-Degree Grand Theft
Third-degree grand theft occurs when the property in question is valued at more than $300 but less than $20,000 (stealing a will, codicil, firearm, or motor vehicle may also be considered third-degree grand theft regardless of market value.) These cases are punishable as third-degree felonies, with possible penalties of up to 5 years in prison, up to 5 years of probation, and a fine of up to $5,000.
Common Defenses To Grand Theft Charges
To convict an individual of grand theft, the prosecution must prove, beyond a reasonable doubt, that the defendant acted with the intent of depriving another of their right or use of their property and that the property is valued at $300 or more. Common defenses to these charges include:
- No wrongful intent. Given that there must be proof of intent, should the defendant have been under the belief that they had joint ownership or legal interest to the property, then there was no unlawful intent.
- Property valued at under $300. If the property in question is proven to have no value, or value lesser than $300, the charge must be lowered to petit theft.
- Consent. The defendant believed they had the owner’s permission to take or use the property.
- Necessity and duress. The property was taken as a means to escape impending, imminent danger or emergency.
- Accidental possession/mistake of fact. In the state of Florida, wrongful intent to deprive another of their property does not exist in cases where the defendant acted under the belief that the property taken was their own.
How Our Criminal Defense Lawyer Can Help
Having a diligent and experienced theft lawyer on your side can make all the difference in your case's outcome. Adam Stout, our knowledgeable attorney, can help clients’ minimize and avoid the severe, long-lasting consequences of a felony conviction. Don’t wait until it’s too late — a criminal record will follow you for the rest of your life — contact Adam Stout today to begin formulating an ideal defense strategy and ensure your rights are protected every step of the way.