orlando Grand Theft Defense Attorney
A grand theft charge in Florida is a serious felony criminal offense that can be charged as a 1st, 2nd, or 3rd degree felony depending on the allegations. A grand theft charge can have serious consequences beyond those from the courtroom, including effects on future employment, housing opportunities, and professional licenses. In some situations, even an arrest for grand theft may affect how a person is perceived by others who learn of the allegation. Speaking with an experienced criminal defense attorney before your first court date can be critical to developing an effective defense strategy.
What must the State Prove in a Theft Case?
To convict someone of a theft offense under Florida law (Florida Statute 812.014), prosecutors must prove beyond a reasonable doubt that the accused knowingly and unlawfully obtained, used, or attempted to obtain or use the property of another person, with the intent to temporarily or permanently deprive the owner of their rights to the property or its benefit.
Theft is a specific intent crime, this means that a mistake, misunderstanding, or accident may be important parts of any strategic defense. Because intent is often contested in a theft case, these charges often hinge on whether or not the prosecution can prove that the accused intended to steal the item in question.
Penalties for Grand Theft
Grand theft may be charged as a 1st, 2nd, or 3rd degree felony depending on the specific allegations in each case.
3rd Degree Felony
Grand theft may be charged as a 3rd degree felony punishable by up to 5 years in prison and a $5,000 fine when the property stolen is:
- Valued between $750 and $20,000;
- A will or other testamentary instrument;
- A firearm; a motor vehicle;
- A commercially farmed animal;
- A fire extinguisher;
- From a construction site;
- Any stop sign; a controlled substance; or
- Taken from a dwelling or the unenclosed curtilage of a dwelling
2nd Degree Felony
Grand theft may be charged as a 2nd degree felony, punishable by up to 15 years in prison and a $10,000 fine when the property stolen is:
- Valued between $20,000 and $100,000;
- Cargo valued at less than $50,000; or
- Emergency medical equipment or law enforcement equipment valued at over $300 and removed from an emergency vehicle
1st Degree Felony
Grand theft may be charged as a 1st degree felony punishable by up to 30 years in prison and a $10,000 fine when:
- The allegedly stolen property is valued at $100,000 or more;
- The allegedly stolen property is a semitrailer deployed by law enforcement;
- The allegedly stolen property is cargo valued at $50,000 or more;
- The accused allegedly uses a vehicle as an instrument other than a getaway vehicle in the commission of the offense; or
- The accused allegedly causes more than $1,000 in property damage during the commission of the offense
Bond in Grand Theft Cases
Grand theft is a serious felony under Florida law. As a result, if you are arrested for this offense, you typically will not be released from custody until you appear before a Judge at a first appearance hearing. This hearing is typically held within 24 hours of an arrest.
At first appearance, the Judge will determine whether probable cause existed for the arrest, decide whether to set bond, and determine the conditions of your release. The prosecutor may argue for a higher bond or that no bond be set in certain circumstances. Your attorney can also present information about your background, ties to the community, employment, and other factors supporting a lower bond or less restrictive conditions of release.
In some grand theft cases, the prosecution may ask the court to impose something called a “Nebbia hold,” which requires that the person posting the bond demonstrate that the funds used to post the bond or pay the bondsman are from legitimate sources.
If you hire a private criminal defense attorney before your first appearance, that attorney can begin investigating your case immediately, advocate for more favorable release conditions, and present information to prosecutors that may persuade them to reduce charges or even decline prosecution altogether.
Defenses to Grand Theft in Florida
Grand theft cases are fact specific, and defenses will vary by case. Often, cases involve arguing a lack of intent and challenging the valuation of the allegedly stolen property. Charges often hinge on these two elements, so having legal representation with the knowledge and experience to develop these defenses is essential.
A Former Prosecutor on Your Side
Central Florida Justice founder Ben Baxter is a former prosecutor and criminal defense attorney with over a decade of experience in criminal law. As a former prosecutor, he knows how the State of Florida investigates, charges, and prosecutes grand theft cases. Now he uses that knowledge to protect his clients’ rights, fight for their freedom, and obtain the best outcome possible in their cases. Ben knows how to challenge the State’s evidence at every stage of the case and has taken over 40 cases to trial and litigated hundreds of motions to suppress or exclude evidence and testimony.
One of the founding principles of Central Florida Justice is that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.
If you or someone you know has been charged with grand theft in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, and Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.
