Grand Theft is a serious felony with a range of severe penalties that may include prison. Additionally, the state may seek lengthy probation and hefty fines, restitution and costs of investigation. Gainesville Grand Theft Defense Attorney Kevin Robertson is a former Felony Prosecutor who is experienced in litigating and negotiating Grand Theft cases in Florida. Revealed through background checks, Mr. Robertson understands the consequences of a conviction for grand theft and how a conviction may adversely affect your future opportunities. Please call (352) 275 – 7491 to discuss a defense strategy in your particular case. Mr. Robertson represents clients charged with felony grand theft in Gainesville, Alachua County, Florida and the surrounding areas. No matter how difficult the evidence seems to be, Kevin Robertson will patiently explain your defense options and fiercely advocate on your behalf. Please call (352) 275 – 7491 to discuss a defense strategy in your particular case.
Grand Theft Defined
Theft is defined under Florida Statute § 812.014 as the knowing taking or use of the property of another person with the intent to permanently or temporarily deprive the other person of the items. There are varying degrees of theft, which hinge on the value and type of the items stolen along with the surrounding circumstances of the larceny. Grand theft is treated as serious offense in Florida by law enforcement and state prosecutors.
Penalties for First Degree Grand Theft
Under Florida Statue § 812.14, Grand Theft is a serious offense that can be punished as a first, second, or third degree felony. The penalties for the offense depend on the circumstances involved, the offender’s previous criminal record, and other factors.
Grand theft in the first degree is a first degree felony offense, punishable by up to 30 years in prison and/or a fine up to $10,000 if:
- The property stolen is valued at $100,000 or more;
- The property stolen is a semitrailer used by a law enforcement officer;
- The offender uses a vehicle to damage the property of another person as the offense is committed; or
- The offender causes over $1,000 in property damage during the commission of the offense.
Grand Theft of the Second Degree in Florida
A person can be found guilty of a second degree felony for grand theft, punishable by up to 15 years in a Florida state prison and/or up to $10,000 in fines if the value of the stolen property is between $20,000 and $100,000, and:
- The value of the stolen cargo is less than $50,000 and was moved from a shipping platform to a receiving dock before entering the state or crossing state lines;
- The property stolen includes $300 or more of medical equipment, taken from licensed and authorized medical facility, vehicle, or aircraft; or
- The property stolen includes $300 or more of law enforcement equipment from an emergency vehicle.
Florida Third Degree Grand Theft
It is a third degree felony, punishable by up to 5 years in prison and/or up to $5,000 in fines for a person to commit grand theft felony in the third degree if the stolen property is:
- Valued between $300 and $20,000;
- A will;
- A firearm;
- A vehicle;
- Taken from a designated construction site;
- A stop sign;
- A fire extinguisher; or
- Any amount of a controlled substance.
If between $100 and $300 worth of property is taken from a dwelling, a person can also be found guilty of grand theft of the third degree and a third degree felony.
Supplemental Fine for Theft in Florida
Florida Statute § 812.032 provides for a supplemental fine for any person found guilty of grand theft in the state. State prosecutors may file a motion for the fine, which is not to exceed twice the gross value gained or loss caused, plus the cost of investigation and prosecution. This is in addition to other fines authorized by the state and the amount is determined by the court during a hearing.
Elements of Proving Grand Theft in Florida
Theft is not a black and white offense. The prosecution must prove that the defendant knowingly and illegally obtained or tried to obtain the property of the alleged victim. The state must also prove proven that the defendant did so with the intent to deprive the victim of his or her right to the property or to benefit from it by appropriating the property.