Grand Theft Charges in Florida

If accused of Grand Theft in Florida, you need to know the:

• Definition of Grand Theft
• Penalties for Grand Theft
• Defenses to Grand Theft

Definition of Grand Theft

The crime of Grand Theft involves the unlawful taking of property worth more than $300.

To prove the crime of Grand Theft, the State must prove that you took property from another person with the intent to:

• Deprive the person of a right to the property or benefit of the property; or
• Appropriate the property for personal use or for the use of another person not entitled to the use of the property.

Penalties for Grand Theft

There are three degrees of Grand Theft that can be committed in Florida. The degree of the crime and the corresponding penalties are based on the value of the property taken. The three degrees of Grand Theft in Florida are:

• Grand Theft of the First Degree
• Grand Theft of the Second Degree
• Grand Theft of the Third Degree

Grand Theft of the First Degree

Grand Theft of the First Degree is committed if the the property taken:

• Is worth more than $100,000
• Is shipping cargo worth more than $50,000

Grand Theft of the First Degree is a First Degree Felony punishable as a Level 7 offense under Florida's sentencing guidelines.

If convicted of Grand Theft of the First Degree, you would be facing any combination of the following penalties:

• A minimum sentence of twenty-one (21) months in prison,
• A maximum sentence of thirty years in prison,
• Thirty years of probation, or
• A fine up to $10,000.

Grand Theft of the Second Degree

Grand Theft of the Second Degree is committed if the the property taken:

• Is worth less than $100,000, but more than $20,000.
• Is shipping cargo worth less than $50,000.
• Is emergency medical equipment worth more than $300.

Grand Theft of the Second Degree is a Second Degree Felony punishable as a Level 6 offense under Florida's sentencing guidelines.

If convicted of Grand Theft of the Third Degree, you would be facing any combination of the following penalties:

• A maximum sentence of fifteen (15) years in prison,
• Fifteen years of probation, or
• A fine up to $10,000.

Grand Theft of the Third Degree

Grand Theft of the Third Degree is committed if the the property taken:

• Is worth less than $20,000, but more than $300.
• Is a will, codicil, or other testamentary instrument.
• Is a firearm.
• Is a motor vehicle.

Grand Theft of the Third Degree is a Third Degree Felony punishable as either a Level 4, 3, or 2 offense under Florida's sentencing guidelines.

If convicted of Grand Theft of the Third Degree, you would be facing any combination of the following penalties:

• A maximum sentence of five (5) years in prison,
• Five (5) years of probation, or
• A fine up to $5,000.

Defenses to Grand Theft

Other than alleging a false accusation, there are three primary defenses to the crime of Grand Theft:

1. Good Faith Possession
2. Equal Ownership
3. Valueless Property

Good Faith Possession

Under Florida law, the crime of grand theft requires proof of a taking with the intent to steal. So a person who takes possession of an item with the good faith belief in the right to the property lacks the requisite intent to commit grand theft. As a result, a well-founded belief in one's right to allegedly stolen property constitutes a complete defense to the crime of grand theft.¹

Equal Ownership

A co-owner of property cannot be held guilty of the grand theft of such property unless the other co-owner has a superior legal interest that authorizes the withholding of the property.²

Valueless Property

Simply put, it is impossible to steal trash. This is because Florida law only criminalizes the stealing of "property." Property is defined as "anything of value" and the value is defined as "the market value of property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense." Thus if someone places something by the road, it has become trash that presumably has no value.³

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Grand Theft in Central Florida, please contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

1. Bartlett v. State, 765 So. 2d 799 (Fla. 1st DCA 2000)
2. Russ v. State, 830 So. 2d 268 (Fla. 1st DCA 2002)
3. Holloway v. State, 755 So. 2d 169 (Fla. 4th DCA 2000)