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What Is Grand Theft in Florida?
Under F.S. § 812.014, grand theft in Florida refers to stealing (or attempting to steal) someone’s property valued over $1,000.00 to deprive the victim of said property or use it for one’s own benefit.
Grand theft offenses generally involve substantial amounts of stolen property. However, the type of property and how it was stolen impact the charges and penalties. For example, a theft involving law enforcement equipment or emergency medical supplies valued at over $300 is also considered grand theft..
Degrees and Penalties for Grand Theft in Florida
Grand theft is a felony offense in Florida. This means that a convicted offender can serve between 5 and 30 years in prison and be forced to pay a fine ranging from $5,000 to $10,000. Frequently, a person accused of grand theft can face diversion or probation if this is their first offense.
For a grand theft to be considered a third-degree felony, the property stolen must be valued between $750.00 and $20,000. A third-degree felony carries a maximum five-year prison sentence and up to $5,000 fine. Stealing a firearm, stop sign, fire extinguisher, testamentary instruments (will, codicil), motor vehicle, commercially farmed animal, and any controlled substance can also result in third-degree felony charges.
For a grand theft to be considered a second-degree felony, the property stolen must be valued between $20,000 and $100,000. A second-degree felony is punishable by a maximum of fifteen years in prison and a fine of $10,000. Theft of law enforcement or emergency medical equipment valued over $300 and cargo entering interstate or intrastate commerce valued less than $50,000 can also be prosecuted as second-degree felonies.
For a grand theft to be considered a first-degree felony, the property stolen must be worth more than $100,000. It is also possible to be charged with a first-degree felony if the offender steals cargo entering interstate or intrastate commerce worth over $50,000 and causes more than $1,000 in property damage while committing the offense. First-degree felonies are punishable by up to thirty years in prison and a fine of $10,000.
Along with incarceration and a fine, a person convicted of grand theft may be placed on probation and be required to complete conditions that appear to be reasonably related to the offense, for example if drugs or intoxication were involved you may also be required to complete a drug and alcohol evaluation and complete any required treatment.
Required Intent to Prove Grand Theft
The defendant must have taken the property with the intent to deprive the owner of their property.. Because grand theft is a “specific intent” crime, the defendant must have knowingly stolen the property. A court can’t find you guilty of grand theft if the State can’t prove that you intended to steal the property from another. Depending on the facts of your case, this provides some unusual circumstances that could be the crux of your defense.
What Are the Defenses to Grand Theft?
Let’s take a look at some of the more common defenses to grand theft or theft in Florida in general. Ill explain each in the most succinct way possible since each defense o r defense like concept can have its own area of law making it more or less applicable to any particular situation.
No Intent – This is essentially an evidentiary failure on the part of the state, which boils down to a circumstantial evidence case that has some key deficiencies resulting in the inability to prove an essential element.
Duress or Necessity – If a defendant acted out of duress or necessity, it is a lawful defense to grand theft.
Consent – If the defendant was given consent to the property, then it is a defense against grand theft.
Mistake – If the defendant took the property believing it was their own property, then there is no intent to steal.
Good faith – similar to mistake, if you had an honest good faith belief you had a right to the property, even if unreasonable or mistaken, you cannot be convicted of grand theft.
Determining Valuation of Stolen Property for Grand Theft
Proof of value is necessary to get a conviction for grand theft in Florida. Value is basically the market value of the property at the time and location where the offense occurred. So, the crime of grand theft requires that proof of the value be proven by the State. It is not always sufficient to show a purchase receipt for when the property was originally purchased if the property stolen is old. The value is determined at what the property is worth when it was stolen.
Speculation by the victim is also insufficient to make a determination of value.
If a witness is testifying as to value, he or she must be competent to testify about the value. When the property value can’t be determined, the value can be found to be not less than a specific sum. However, if no minimum value can be set, the value will be considered to be under $100, too low for a grand theft charge. Generally, the quality and general condition of the property when stolen needs to be established. This is particularly important in reference to electronic goods, since they are subject to a kind of “accelerated obsolescence” in Florida law.
“Electrical components like televisions, computers, and stereo systems are subject to accelerated obsolescence because manufacturers are constantly releasing new, improved technology at lower prices” Lucky v State
Grand theft in Florida is a felony criminal offense in Florida that can result in imprisonment, probation, and restitution if convicted. If you are under investigation or have been arrested for a grand theft charge, do not hesitate to act and hire an experienced criminal defense attorney. Matt Landsman is a Board Certified Criminal Trial lawyer in Gainesville Florida who has handled hundreds of grand theft cases and can help you today.
Have you been accused of a Grand Theft or any kind of Theft crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.