Orlando Florida Grand Theft Attorney
Grand Theft is considered a felony offense in Florida. Grand Theft can be defined as when someone intentionally and unlawfully takes property that is worth $300 or more, and they did so with the intention to permanently or temporarily take possession away from the rightful owner. The penalties depend on the classification of each individual charge, which typically depends on the value of the stolen property:
- 3rd degree charges will be brought if the property is valued between $300 & $20,000, and carries a maximum sentence of 5 years in prison and/or probation and/or a $5,000 fine.
- 2nd degree charges will be brought if the property is valued between $20,000 & $100,000, and carries a maximum sentence of 15 years in prison and/or probation and/or a $10,000 fine.
- 1st degree charges will be brought if the property’s value is at least $100,000, and carries a maximum sentence of 30 years in prison and/or a $10,000 fine.
These classifications also depend on the type of property in question; for example, if the property is law enforcement equipment, livestock, or emergency medical equipment the charges might be classified more severely. And with any Grand Theft conviction, it must be proven that the defendant had specific, felonious intent beyond any reasonable doubt. Because of this, the most common defenses for Grand Theft in Florida rely on establishing reasonable doubt. Attorneys will try to demonstrate that there was no intention to deprive someone of their property, that it was taken out of necessity or under duress, or that the defendant had reason to believe they obtained the property lawfully or had consent to take it. Another common defense is involuntary intoxication, which is often misunderstood. Being intoxicated while committing a crime does not exempt you from the consequences or prove your lack of felonious intent; instead, involuntary intoxication refers to someone acting under a licensed physician’s order and taking a medication as prescribed, and the prescribed medication had unintended mind-altering effects. This defense is likely only applicable to new medications, as one can anticipate any side effects of a drug they take regularly.
Grand Theft in Florida can be a complicated matter and crafting an effective defense is even trickier. If you are involved in a Grand Theft case we recommend having your situation evaluated by a legal professional. To discuss your case and possible defenses, contact JJ Law Office for a free case evaluation.
For more information on theft and property crimes, visit our property crimes page.